From here to I-130.....

[Debbie A 0]

I am a USC living in Canada. I just bought a home in US and intend to live there as my principal residence. My 15-year old son wishes to live with me there; he is presently in Canada, was born in Canada and does NOT have any right to US citizenship at this point. I filed an I-130 at the Embassy in Ottawa and await a response from Montreal.

I have an information bulletin from USCIS dealing with I-130 petitions; it poses and answers the question of whether my son can wait in the US until becoming a permanent resident. Part of the stated answer is "if your...unmarried child under 21...is already in the US aftern having entered legally....and applies for permanent residence when you file your petition, then he/she may, with certain exceptions, remain in the US while we proces their application for permanent residence". My research suggests that this is based on section 245(a) of the Immigration and Nationality Act.

My question is simple: what does "entered legally" mean? For example, if I move to my US home, and if my son then presents himself at the border for inspection and indicates that he wishes to enter to visit me at my US residence, and if he is premitted to do so, has he then lawfully entered the US and can he then immediately submit an application for change in status, coupled with a copy of the NOA from Montreal? If he were to do so, would he be allowed to remain with me in the US until his I-130 is granted?

I am NOT interested in doing anything illegal, but my son and I would rather wait this out in the US, so he can move ahead with school, etc.

[IR5FORMUMSIE 850]

I am a USC living in Canada. I just bought a home in US and intend to live there as my principal residence. My 15-year old son wishes to live with me there; he is presently in Canada, was born in Canada and does NOT have any right to US citizenship at this point. I filed an I-130 at the Embassy in Ottawa and await a response from Montreal.

I have an information bulletin from USCIS dealing with I-130 petitions; it poses and answers the question of whether my son can wait in the US until becoming a permanent resident. Part of the stated answer is "if your...unmarried child under 21...is already in the US aftern having entered legally....and applies for permanent residence when you file your petition, then he/she may, with certain exceptions, remain in the US while we proces their application for permanent residence". My research suggests that this is based on section 245(a) of the Immigration and Nationality Act.

My question is simple: what does "entered legally" mean? For example, if I move to my US home, and if my son then presents himself at the border for inspection and indicates that he wishes to enter to visit me at my US residence, and if he is premitted to do so, has he then lawfully entered the US and can he then immediately submit an application for change in status, coupled with a copy of the NOA from Montreal? If he were to do so, would he be allowed to remain with me in the US until his I-130 is granted?

I am NOT interested in doing anything illegal, but my son and I would rather wait this out in the US, so he can move ahead with school, etc.

Entered legally means that he crossed the border in the normal manner. You state that your son does not have a right to US citizenship, but he is in the IR2 (immediate relative category) and can for apply for citizenship when he crosses the border. He should try to enter at the same time as you. I believe the rule is that children classified IR-2 (born in or out of wedlock) to a parent who is now a U.S. citizen, provided the child will be admitted to the United States while still under age 18 and will be in the physical custody of the U.S. citizen parent at the time of admission becomes a US citizen upon entrance. Since you are a US citizen and he is under 16, I believe that he may not need anything other than the I-130 to become a US citizen. I don't recall if he even needed the I-130 as a minor applicant. Maybe someone here knows more about this area of immigration procedure.

[Debbie A 0]

I am a USC living in Canada. I just bought a home in US and intend to live there as my principal residence. My 15-year old son wishes to live with me there; he is presently in Canada, was born in Canada and does NOT have any right to US citizenship at this point. I filed an I-130 at the Embassy in Ottawa and await a response from Montreal.

I have an information bulletin from USCIS dealing with I-130 petitions; it poses and answers the question of whether my son can wait in the US until becoming a permanent resident. Part of the stated answer is "if your...unmarried child under 21...is already in the US aftern having entered legally....and applies for permanent residence when you file your petition, then he/she may, with certain exceptions, remain in the US while we proces their application for permanent residence". My research suggests that this is based on section 245(a) of the Immigration and Nationality Act.

My question is simple: what does "entered legally" mean? For example, if I move to my US home, and if my son then presents himself at the border for inspection and indicates that he wishes to enter to visit me at my US residence, and if he is premitted to do so, has he then lawfully entered the US and can he then immediately submit an application for change in status, coupled with a copy of the NOA from Montreal? If he were to do so, would he be allowed to remain with me in the US until his I-130 is granted?

I am NOT interested in doing anything illegal, but my son and I would rather wait this out in the US, so he can move ahead with school, etc.

Entered legally means that he crossed the border in the normal manner. You state that your son does not have a right to US citizenship, but he is in the IR2 (immediate relative category) and can for apply for citizenship when he crosses the border. He should try to enter at the same time as you. I believe the rule is that children classified IR-2 (born in or out of wedlock) to a parent who is now a U.S. citizen, provided the child will be admitted to the United States while still under age 18 and will be in the physical custody of the U.S. citizen parent at the time of admission becomes a US citizen upon entrance. Since you are a US citizen and he is under 16, I believe that he may not need anything other than the I-130 to become a US citizen. I don't recall if he even needed the I-130 as a minor applicant. Maybe someone here knows more about this area of immigration procedure.

Very helpful, thanks. Actually, I didn't want to muddy the water with the citizenship thing but my understanding is that the MINUTE my boy's feet hit US soil as a LPR then he instantly acquires citizenship (given his age, his mom is US born, he resides there as LPR). So my belief is that once the I-130 is granted (we need that to acquire LPR status) and my boy is in the US, then his immigration issues are a part of his past!

So the big thing that I was worried about was the "lawful enter" thing. My boy has been crossing almost daily because he practices with a football team in the US, so I have no doubt they'll let him in; I think all the local Customs officers know him on sight (and at 6'4" and 258 lbs., he's hard to miss and the envy of all American football fans!). Is there any risk that authorities will try to force him to leave if he lawfully enters and immediately applies for change of status?

Again, thanks so much for the comment, it is very helpful.

[IR5FORMUMSIE 850]

I am a USC living in Canada. I just bought a home in US and intend to live there as my principal residence. My 15-year old son wishes to live with me there; he is presently in Canada, was born in Canada and does NOT have any right to US citizenship at this point. I filed an I-130 at the Embassy in Ottawa and await a response from Montreal.

I have an information bulletin from USCIS dealing with I-130 petitions; it poses and answers the question of whether my son can wait in the US until becoming a permanent resident. Part of the stated answer is "if your...unmarried child under 21...is already in the US aftern having entered legally....and applies for permanent residence when you file your petition, then he/she may, with certain exceptions, remain in the US while we proces their application for permanent residence". My research suggests that this is based on section 245(a) of the Immigration and Nationality Act.

My question is simple: what does "entered legally" mean? For example, if I move to my US home, and if my son then presents himself at the border for inspection and indicates that he wishes to enter to visit me at my US residence, and if he is premitted to do so, has he then lawfully entered the US and can he then immediately submit an application for change in status, coupled with a copy of the NOA from Montreal? If he were to do so, would he be allowed to remain with me in the US until his I-130 is granted?

I am NOT interested in doing anything illegal, but my son and I would rather wait this out in the US, so he can move ahead with school, etc.

Entered legally means that he crossed the border in the normal manner. You state that your son does not have a right to US citizenship, but he is in the IR2 (immediate relative category) and can for apply for citizenship when he crosses the border. He should try to enter at the same time as you. I believe the rule is that children classified IR-2 (born in or out of wedlock) to a parent who is now a U.S. citizen, provided the child will be admitted to the United States while still under age 18 and will be in the physical custody of the U.S. citizen parent at the time of admission becomes a US citizen upon entrance. Since you are a US citizen and he is under 16, I believe that he may not need anything other than the I-130 to become a US citizen. I don't recall if he even needed the I-130 as a minor applicant. Maybe someone here knows more about this area of immigration procedure.

Very helpful, thanks. Actually, I didn't want to muddy the water with the citizenship thing but my understanding is that the MINUTE my boy's feet hit US soil as a LPR then he instantly acquires citizenship (given his age, his mom is US born, he resides there as LPR). So my belief is that once the I-130 is granted (we need that to acquire LPR status) and my boy is in the US, then his immigration issues are a part of his past!

So the big thing that I was worried about was the "lawful enter" thing. My boy has been crossing almost daily because he practices with a football team in the US, so I have no doubt they'll let him in; I think all the local Customs officers know him on sight (and at 6'4" and 258 lbs., he's hard to miss and the envy of all American football fans!). Is there any risk that authorities will try to force him to leave if he lawfully enters and immediately applies for change of status?

Again, thanks so much for the comment, it is very helpful.

I really can't see how ICE would ask a future NFLer (what position?) to leave since everything is flowing from your legal status. My mom is waiting for her Montreal interview so she can become a LPR. In fact in May 2005 they thought she was going to adjust status when we were in Maine so the only thing that I'm not too sure about in your case is if the delay in AOS processing will be an issue if you are not yet living in the US. For example, if he keeps crossing the border and applies for AOS I'm not sure if that will be an issue or not if he continues to cross on a daily basis. I don't think it will be a problem but I don't really know.

[djc 0]

Have you been a USC all your life? I could be completely wrong here, but I believe that any child born to a USC is automatically granted citizenship. I'd go to the embassy again and ask....

[IR5FORMUMSIE 850]

Have you been a USC all your life? I could be completely wrong here, but I believe that any child born to a USC is automatically granted citizenship. I'd go to the embassy again and ask....

I thought that was the rule unless the USC has not lived for a certain number of years in the US. I thought that little proviso did not apply to minors of USC. Maybe the law has changed?

[Debbie A 0]

I am a USC living in Canada. I just bought a home in US and intend to live there as my principal residence. My 15-year old son wishes to live with me there; he is presently in Canada, was born in Canada and does NOT have any right to US citizenship at this point. I filed an I-130 at the Embassy in Ottawa and await a response from Montreal.

I have an information bulletin from USCIS dealing with I-130 petitions; it poses and answers the question of whether my son can wait in the US until becoming a permanent resident. Part of the stated answer is "if your...unmarried child under 21...is already in the US aftern having entered legally....and applies for permanent residence when you file your petition, then he/she may, with certain exceptions, remain in the US while we proces their application for permanent residence". My research suggests that this is based on section 245(a) of the Immigration and Nationality Act.

My question is simple: what does "entered legally" mean? For example, if I move to my US home, and if my son then presents himself at the border for inspection and indicates that he wishes to enter to visit me at my US residence, and if he is premitted to do so, has he then lawfully entered the US and can he then immediately submit an application for change in status, coupled with a copy of the NOA from Montreal? If he were to do so, would he be allowed to remain with me in the US until his I-130 is granted?

I am NOT interested in doing anything illegal, but my son and I would rather wait this out in the US, so he can move ahead with school, etc.

Entered legally means that he crossed the border in the normal manner. You state that your son does not have a right to US citizenship, but he is in the IR2 (immediate relative category) and can for apply for citizenship when he crosses the border. He should try to enter at the same time as you. I believe the rule is that children classified IR-2 (born in or out of wedlock) to a parent who is now a U.S. citizen, provided the child will be admitted to the United States while still under age 18 and will be in the physical custody of the U.S. citizen parent at the time of admission becomes a US citizen upon entrance. Since you are a US citizen and he is under 16, I believe that he may not need anything other than the I-130 to become a US citizen. I don't recall if he even needed the I-130 as a minor applicant. Maybe someone here knows more about this area of immigration procedure.

Very helpful, thanks. Actually, I didn't want to muddy the water with the citizenship thing but my understanding is that the MINUTE my boy's feet hit US soil as a LPR then he instantly acquires citizenship (given his age, his mom is US born, he resides there as LPR). So my belief is that once the I-130 is granted (we need that to acquire LPR status) and my boy is in the US, then his immigration issues are a part of his past!

So the big thing that I was worried about was the "lawful enter" thing. My boy has been crossing almost daily because he practices with a football team in the US, so I have no doubt they'll let him in; I think all the local Customs officers know him on sight (and at 6'4" and 258 lbs., he's hard to miss and the envy of all American football fans!). Is there any risk that authorities will try to force him to leave if he lawfully enters and immediately applies for change of status?

Again, thanks so much for the comment, it is very helpful.

I really can't see how ICE would ask a future NFLer (what position?) to leave since everything is flowing from your legal status. My mom is waiting for her Montreal interview so she can become a LPR. In fact in May 2005 they thought she was going to adjust status when we were in Maine so the only thing that I'm not too sure about in your case is if the delay in AOS processing will be an issue if you are not yet living in the US. For example, if he keeps crossing the border and applies for AOS I'm not sure if that will be an issue or not if he continues to cross on a daily basis. I don't think it will be a problem but I don't really know.

I understand your concern; but our plan is that I shall move over to US immediately (I can have furniture in my house there in a day or two), and then my son will cross over one last time, will apply for change of status, and will remain there until our I-130 is complete. My only concern is whether authorities will try to compel him to leave.

thanks!

[Debbie A 0]

Have you been a USC all your life? I could be completely wrong here, but I believe that any child born to a USC is automatically granted citizenship. I'd go to the embassy again and ask....

Well, we have been over this for two years and I hesitate to say I am sure of anything, given all of the inconsistent info that we have been provided by various authorities. BUT, to the best of my understanding, the Child Citizenship Act of 2000 does NOT authomatically give my children citizenship because I had not resided in the US prior to 2000 (I was born in US, but did not reside there). However, if at any time a child of mine is under 18, is in the US with LPR status, and is in my lawful custody then that child acquires citizenship at that moment. This is from a Fact Sheet we acquired from the Dept. of Justice.

So our plan is meet that test and then seek a passport for my son. Does that make sense?

[Debbie A 0]

Have you been a USC all your life? I could be completely wrong here, but I believe that any child born to a USC is automatically granted citizenship. I'd go to the embassy again and ask....

Well, we have been over this for two years and I hesitate to say I am sure of anything, given all of the inconsistent info that we have been provided by various authorities. BUT, to the best of my understanding, the Child Citizenship Act of 2000 does NOT authomatically give my children citizenship because I had not resided in the US prior to 2000 (I was born in US, but did not reside there). However, if at any time a child of mine is under 18, is in the US with LPR status, and is in my lawful custody then that child acquires citizenship at that moment. This is from a Fact Sheet we acquired from the Dept. of Justice.

So our plan is meet that test and then seek a passport for my son. Does that make sense?

[misa 2]

Debbie, keep us updated on your situation. I think a lot of people could learn from this. I'm sure there are lots of people in the same situation. Hopefully you'll get everything approved in a timely manner. Good luck!

(sorry I have no information for you, just wanted to give you some online support!)

[trailmix 77]

Have you been a USC all your life? I could be completely wrong here, but I believe that any child born to a USC is automatically granted citizenship. I'd go to the embassy again and ask....

Well, we have been over this for two years and I hesitate to say I am sure of anything, given all of the inconsistent info that we have been provided by various authorities. BUT, to the best of my understanding, the Child Citizenship Act of 2000 does NOT authomatically give my children citizenship because I had not resided in the US prior to 2000 (I was born in US, but did not reside there). However, if at any time a child of mine is under 18, is in the US with LPR status, and is in my lawful custody then that child acquires citizenship at that moment. This is from a Fact Sheet we acquired from the Dept. of Justice.

So our plan is meet that test and then seek a passport for my son. Does that make sense?

Hi Debbie,

I agree with your interpretation 100%.

Because Debbie doesn't meet the residency requirement under the act (and neither do her parents - the child's grandparents)

"These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs)".

Once her Son has LPR status she can apply for the passport.

One would think that it would be easier, but hey folks, this is immigration!

[Debbie A 0]

Debbie, keep us updated on your situation. I think a lot of people could learn from this. I'm sure there are lots of people in the same situation. Hopefully you'll get everything approved in a timely manner. Good luck!

(sorry I have no information for you, just wanted to give you some online support!)

Your support is just as important to me, thanks so much for it.

I shall keep all updated in the hope our situation helps others. If I see out there any questions we can answer, based on our experience, I would be pleased to help as best as I can. We have done a LOT of research with respec to our situation (getting a child of a USC into the US with citizenship), but of course every situation has its own twists and turns..... Nonetheless we all learn from each other, right?

By the way, I found a law firm in LA that will provide immigration advice for as little as $100 and I think I am going to give it a try. I shall report the results, good or bad, in the event that this is an option others might consider.

[IR5FORMUMSIE 850]

Debbie, keep us updated on your situation. I think a lot of people could learn from this. I'm sure there are lots of people in the same situation. Hopefully you'll get everything approved in a timely manner. Good luck!

(sorry I have no information for you, just wanted to give you some online support!)

Your support is just as important to me, thanks so much for it.

I shall keep all updated in the hope our situation helps others. If I see out there any questions we can answer, based on our experience, I would be pleased to help as best as I can. We have done a LOT of research with respec to our situation (getting a child of a USC into the US with citizenship), but of course every situation has its own twists and turns..... Nonetheless we all learn from each other, right?

Well said.

I knew that there was a residency requirement for the petitioner but I couldn't remember how it operated for teenage beneficiaries.

Before you spend the $100 you might try some of the many lawyers that offer free consultations on the web, just to get a few opinions. You've done your homework so you should be able to maximize you results during the consultations.

Please do keep us updated. Bonne chance!

[Killer_Clown_2009 0]

Yes, if he is allowed into the US, he can apply for his I-485 based on the pending I-130. One issue though may be preconceived intent to immigrate. Basically, it's not ok to enter the US as a tourist with the intent to immigrate. Filing an I-485 immediately may raise some flags (though chances are USCIS won't really care). I'd suggest that you contact an immigration attorney about this.

[IR5FORMUMSIE 850]

Yes, if he is allowed into the US, he can apply for his I-485 based on the pending I-130. One issue though may be preconceived intent to immigrate. Basically, it's not ok to enter the US as a tourist with the intent to immigrate. Filing an I-485 immediately may raise some flags (though chances are USCIS won't really care). I'd suggest that you contact an immigration attorney about this.

The intent issue is something I have always had a hard time reconciling.