Grandchild has green card need to apply for citizenship

[cebuhasher 2]

We recently brought our grandchild to the US on an immigration visa and was immediately issued a green card.  She is now a legal resident.

 

Father (US citizen) and Mother live in China.  We are the legal guardians.  Can we as grandparents apply for her to become US citizen, if so what is the best and quickest way to do so?

 

thank you

[appleblossom 5,079]

10 minutes ago, cebuhasher said:

We recently brought our grandchild to the US on an immigration visa and was immediately issued a green card.  She is now a legal resident.

 

Father (US citizen) and Mother live in China.  We are the legal guardians.  Can we as grandparents apply for her to become US citizen, if so what is the best and quickest way to do so?

 

thank you

 

How was the child petitioned if the parents both live in China?

[cebuhasher 2]

The father applied for an immigrant visa and it was approved.  Based on her living with us she was granted a green card on entry.

[OldUser 10,661]

5 minutes ago, cebuhasher said:

The father applied for an immigrant visa and it was approved.  Based on her living with us she was granted a green card on entry.

Seems fishy. Is the overall plan to get granchild US citizenship and passport without intention of actually living here? E.g. once child gets the passport, she would go back to China? If so, you'll get some roadblocks on your way.

Edited 8 hours ago by OldUser

[milimelo 4,858]

Unless the child is living with the petitioning USC PARENT (not grandparent), they won't get the citizenship. CCA 2001 applies and grandparents are not substitutes. Calling 

@jan22 to provide input on this.

 

• Reside in the U.S. in the legal and physical custody of the U.S. citizen parent.

[appleblossom 5,079]

33 minutes ago, cebuhasher said:

The father applied for an immigrant visa and it was approved.  Based on her living with us she was granted a green card on entry.

 

That seems very odd. Did he put his Chinese address on the I-130 and I-864? Citizenship doesn't seem to be an option now anyway, but I think I'd be more concerned with whether or not the green card was granted in error and could be revoked later down the line. 

[cebuhasher 2]

None of this is odd or fishy.  It was applied for and documented properly and immigration was granted.  Green card was granted on entry and arrived 17 days later.  It pretty simple how she got here.  I'm looking for advise on how to proceed towards citizenship hoping that some here has had the same situation.

[Crazy Cat 45,476]

5 hours ago, cebuhasher said:

The father applied for an immigrant visa and it was approved.

If I am reading your post history correctly, it seems the father is still in China.  Is that correct?  If so, something is off here, as an immigrant cannot enter the US prior to the petitioner entering.  Perhaps came to US with child, then returned?   What am I missing?

Edited 2 hours ago by Crazy Cat

[appleblossom 5,079]

15 minutes ago, cebuhasher said:

None of this is odd or fishy.  It was applied for and documented properly and immigration was granted.  Green card was granted on entry and arrived 17 days later.  It pretty simple how she got here.  I'm looking for advise on how to proceed towards citizenship hoping that some here has had the same situation.

 

She waits 5 years and then applies, if she's met the criteria in 2030. There's no other way if your son or daughter-in-law aren't going to be living in the US. 

 

It is odd, as without the petitioner living in the US (or proving they will once the visa is granted), then the visa shouldn't have been granted. https://fam.state.gov/fam/09FAM/09FAM060114.html#M601_14_7

 

If your son was honest throughout the process that he lived in China and had no intention of moving back to the US with his child, then that's one thing. The concern is that he claimed to be re-establising US domicile when that wasn't the case, which could have much bigger repercussions. 

 

We're simply flagging it as something you might want to check on. 

 

Good luck. 

Edited 7 hours ago by appleblossom

[appleblossom 5,079]

2 minutes ago, Crazy Cat said:

If I am reading your post history correctly, it seems the father is still in China.  Is that correct?  If so, something is off here, as an immigrant cannot enter the US prior to the petitioner entering.

 

I'm guessing he travelled with her? But wonder if he was asked about their address on entry and if so, how he answered.  

[Marieke H 2,577]

So you chose to ignore all the warnings in your previous thread and go ahead with this plan anyway.

 

1 hour ago, cebuhasher said:

Based on her living with us she was granted a green card on entry.

No. She was granted a green card based on the assumption that she would be living with her USC parent, who petitioned her for family reunification, not to take her to the US to live with her grandparents.

 

You don't seem to realize how serious this is. Green cards can be revoked if found out to be granted in error or as a result of misrepresentation.

[Crazy Cat 45,476]

*** Two Non-Contributory comments and quote removed***Comments asking for clarification of context or offering caution are not always intended as ridicule,  inflammatory, or "armchair quarterbacking".  Seasoned members are to here offer help, but sometimes more info is needed****

Edited 2 hours ago by Crazy Cat

[Ontarkie 15,025]

I'm going to skip a bunch of stuff previously mentioned. 

 

As your granddaughter is not living with her USC father and in his physical and legal custody inside the US when she entered she will not automatically gain citizenship through him. 

She must wait until she turns 18 and apply on her own. Minors cannot apply they must wait until 18.

Edited 48 minutes ago by Ontarkie