irfan

Irfan,

I don't know about the old law, but under the current law, you would have two problems. The law requires that at the time the parent becomes a US citizen, the children should be:

1- US Permanent residents

2- Under 18

3- "...residing in the U.S. in the legal and physical custody of the U.S. citizen parent..." (see here:http://www.uscis.gov/us-citizenship/citizenship-through-parents)

If the new law had applied at the time the parent became a US citizen, the children in this case probably didn't meet the third requirement and may not even have met the first requirement because they were out of the country for so long; they may have been deemed to have lost their residency.

One other thing... expiration of a greencard does not mean expiration of permanent resident status. If a permanent resident living in the US lets his/her greencard expire, then he/she is still a US citizen. In this case however, the children have probably been abroad for far too long.

The only question is, did they become US citizens when their parent was naturalized or not? If the answer is yes, then it doesn't matter how old they are now, because they would already be US citizens. Unfortunately, it looks like the they may never have been eligible for automatic US citizenship. At least, this is the case under the new law... you'll need to consult a lawyer or do a lot of research to find out how the law worked back then.

This is of course my reading of a complicated legal issue and I'm not a lawyer, so I could be completely wrong... just trying to explain how I see the case.

This is not a USCIS link, but may be helpful.

http://www.lawhelpmn.org/files/1765CC5E-1EC9-4FC4-65EC-957272D8A04E/attachments/2973308D-B5A3-41F6-9E5E-1DD94DFBBC57/i-12-proving-your-childs-citizenship.pdf

Jimmy

Thanks for your detailed response. I just confirmed with another friend whose kid arrive in june of 1997 and they were citizens by august 97 so it means the law existed at that time. regarding the person for whom i asked the question he became citizen in june of 1997 and his kids came to visit him using their green cards after being out of US for 8 months they are suppose to get passports by law.

I still believe he will go talk to a lawyer cause if the law was that a person whose citizen can get his kids passports if they are permanent residents was

On the parents citizenship paperwork. Was there mention of the children ? Where they included as dependents or did he already consider them as living outside the country, Immediately before and after were they spending more time in the US than out or where they abusing their green card to visit the US and were living else where ? This may not be do it yourself stuff. I would at least pay for a consult with a GOOD immigration lawyer,

i will ask the father this question about mention on citizenship paperwork. According to him after 1995 the kids were visiting him for 3 to 4 months every year till 1998 and he was claiming them his dependents on tax returns.

No, they can't -- because they may or may not have become citizens. It depends on the paperwork that was filed at the time he became a citizen and, in many cases, where the children were living at the time. If it is determined, for example, that they had already abandoned their US residency at the time he became a US citizen (which it sounds like someone might be able to say they did), then the children were not included in his naturalization. Even if they had not abandoned residency when he naturalized, it depends on the paperwork filed at the time of naturalization. This all depends on USCIS and their determination -- not the Embassy's. The father should contact USCIS -- or have a lawyer do so -- and see what the records show.

And, BTW, even though the initial return was beyond their control, since all are now over the age of 21 (per the OP), they cannot claim that remaining outside the US since the age of 18 was not under their control -- no returning resident visa likely.

Sorry but what do you mean by paper work filed? the friend whose kid go the passport did not file anything other then the application to naturalize.

i appreciate the responses. But as i remember another friend of mine kids came to US in 1997 and the father became citizen in 1998 so the older child who was a few months from the age of 18 was given a US passport. Hope someone with more information will respond back. My only question is can they go to US embassy in pakistan and claim they were automatically citizens but did not know the law at that time?

VJ Friends

i have an important scenario if someone can help out.

A friend of mine became permanent resident in 1988 applied for his wife and 3 kids who came to US in 1993. At the time his kids were all under 15.His kids resided with him in NYC for 2 years and then visited US every year for 3 to 4 months during their school holidays till 1997. He became USC in 1997 while his kids were visiting him. They stayed for 3 months and left for back home. I believe once a parent is a USC all kids under 18 and permanent residents can apply for US passport and also apply for naturalization certificate.

unfortunately he never knew about this law and his kids ended up staying in home country and their green cards expired in 2003. He is back in US now and trying to apply for his kids but someone told him that his kids who are all over 21 now and single can still get US passports cause by law they were eligible to become citizen when he became citizen in 1997. Can someone please let me know if this is possible? i will appreciate. Thanks

They are now thinking about doing the Nikah (the islamic wedding) there and then file the CR-1. its just that they did not knew the 2 yrs meeting rule before they submitted the petition. Thanks for all the replies.

thanks to all who replied.

One more thing to clarify. Can he visit her in next few weeks and then submitt that as a proof of meeting for RFE sent, will they accept it? or does he need to apply a brand new petition?

Thats what i told them too. Just wanted to confirm. Thanks for your reply.

All

A friend of mine's son (USC) got engaged in pakistan about over 4 years ago. Due to the cultural values and customs he has not communicate with his finace but they had a ceremony and have pictures from that time. Both were under 18 at the time like 17 and 16 years old. Now the son over 21 has applied for K1 and got an RFE to prove he has met her in last 2 years. He has not visited pakistan since he got engaged. I need to know will they approve his petition if a copy of his US paaport pages for entery and exit to pakistan are sent from 4 years ago along with affidavit from parents from both sides. All answers are appreciated. Thanks

Thanks for your help.

Thanks for your reply. So even send the medical report sealed in the same package.

Just to make sure he sends all these in the package. Thanks

I-130

I-485

I-693

I-131

I-765

G-325a

I-864

G-1145

All

A friend of mine got married to his now wife last friday as she was on a B1/B2 visa. She has come and gone back home numerous times but this time they felt they cannot live apart and went on and got married. Now he wants to know how can he do AOS on his own. From the guide we believe he has to file I-130 and the whole AOS package. The confusing thing is does he need to file all forms together like I-30 and AOS package with I-485 and more or should he only file I-130 now and once its approved then file the AOS package. All answers are appreciated. Tahnks

Thanks for your replies.

All

My wife yesterday passed the N-400 interview in Garden city. We will get the oath appointment in mail and she will ne USC hopefully in next 2 weeks. She needs to know if she submitts i-130 petition for her mother once she is USC what would happen to her brother 18yrs old and her sister 19yrs old both un married. Will they be able to come here with the mother and also does she need to file separately for her siblings or they will automatically be added to the original petition filed for her mother? Thanks for your response in advance.

the USCitizen Spouse MUST file 2 I-130 petitions - one for spouse, one for step-son -

is no 'tacking on' with a spousal visa, sorry.

This used to be 'do-able' for K-3/K-4, but that door is closed.

The step-son is eligible for a CR-2 IF the couple married prior to the step-son's 18 birthday - otherwise, sorry, forget it - not do-able.

He could, of course, just file, both petitions, and hope for the best.

Thanks for your reply.

All

My friend USC is married and now wants to file for his wife and her son to come to US with CR1. His question is "his step son is about to turn 21 in 6 months. If he applies right now for his wife does he needs to separately apply for him or if he is included in his mother petition what happens when he turns 21 before the petition is approved? Also is there anythingin law for him to do something for him as the step son of USC? please let me know. Thanks

Hi,

I sent my N-400 appln to the Dallas Lockbox facility via USPS priority mail and added a delivery confirmation. Today, I have an update on USPS that says "Notice left" and basically they attempted to deliver and a notice was left. I want to understand if USCIS will get my application packet at all or will the packet be waiting for someone to pick it up? Anyone have any experience using Delivery confirmation and priority mail to send N400 to Dallas Lockbox? I sent it to the following address

USCIS

PO Box 660060

Dallas TX 75266

I did not write "N-400" on the USPS priority envelope but have indicated that on the manila envelope inside the USPS priority envelope.

Thanks,

pn

I had the same issue when we sent my wifes application. The next day the status on USPS changed to delieverd. Don't worry just keep a track on the postal website. Good Luck

Hi Everyone,

I hope someone can enlighten me. Things did not work out with my fiancee. I sent a letter to

NVC, the USCIS Vermont Service Center and the US Embassy in Manila stating that I want to withdraw

my petition. I received a letter from NVC today stating that all further inquires should be made

to the US Embassy in Manila. My question is will the US Embassy send me a letter stating that my

petition has been officially withdrawn? Thank you...

Hi there. Can you post the eaxct wording you used in the withdraw letter as a friend of mine wants to do the same. Also what addresses you used for NVC and vermont? Thanks in advance.

The person petitioning MUST submit an I-864. So, the older brother MUST submit an I-864 or there will be no immigration visas. The other brother can be a JOINT SPONSOR and submit a second I-864. This brother is NOT a petitioner; he is only a Joint Sponsor for the Affidavit of Support.

Yes, the elder brother has to submit the I-864. The petitioner (the elder brother) suppose to submit the I-864, younger brother can be a joint sponsor.

Sorry I got confused with elder and younger brother and petitioner, my bad.

Thanks for you response. This is what i told him too. I believe incase the older brother does not submitt he has to petition from start by himself. Right?

If the Petitioner (elder brother) does not submit an I-864, then the petition is dead. If the younger brother wants to petition for the sister, he would have to start over and it will be another 12 years. If she has kids, they may not be able to immigrate with her if they turn 21 years old during the next 12 years. There is not way to substitute one Petitioner with another (except for hardship cases where the original Petitioner dies).

What is wrong with the elder brother? Why can't he submit an I-864?

Thats the question i asked too. But for now the elder brother is not co operating. Anyway thanks for your advice.

The person petitioning MUST submit an I-864. So, the older brother MUST submit an I-864 or there will be no immigration visas. The other brother can be a JOINT SPONSOR and submit a second I-864. This brother is NOT a petitioner; he is only a Joint Sponsor for the Affidavit of Support.

Yes, the elder brother has to submit the I-864. The petitioner (the elder brother) suppose to submit the I-864, younger brother can be a joint sponsor.

Sorry I got confused with elder and younger brother and petitioner, my bad.

Thanks for you response. This is what i told him too. I believe incase the older brother does not submitt he has to petition from start by himself. Right?

All

A friend of mine's sister was sponsored by his elder brother over 12 years ago. The US consulate in Pakistan Lost her file but when my friend sent them emails and details they were able to reopen the case and file was found. Now the issue is the original petitioner ( the older brother) does not want to submitt the affidavit of support anymore. My friend who make much more then the poverty limit has no issue with giving his sister the affidavit as co sponsor.

The question is "is an affidavit required from the original petioner also or the co sponser can file one and it will be enough" ?

Any input from whoever has this experience is appreciated. Thanks

Can someone please give their input to the situation below.

A friend of mine applied for his citizenship in december 2008. A month later he was let go from his sales job and was told to return all items they gave him to do his job. When he started the job six months ago they sent him over a dozen boxes with sales materials and a very small size palm computer in one of the boxes. he was not able to go through all the boxes and reported to the company he never received the palm computer. They filed a stolen report for it and sent him a replacement. After he was asked to return all materials he went through all the boxes and found this palm computer. Due to his curiosity he turned it on and connected to the internet to make sure it worked and also called the company and left message that he will return it. That palm computer is of no use other then for his job.

Next morning police showedup at his home and arrested him for possesion of stolen property and filing false report even though he told them he has already called the company and it was an honest mistake. in March he went for his citizenship interview and told them he was arrested. They told him to come back with a disposition on his next date.He told the interviewing officer that his date will be in july for the arrest case for which he had also hired a lawyer so she told him he will get interview letter for a few days after his court date.

last week he got a conditional disposition for both charges below is what it said on the disposition letter:

"Date of Arrest 02-03-2009

Charge: PL-165.40 -AM- 5-Criminal possession of a stolen property

PL-240.50-30 -AM- 3-False Report Incident

Reduced: PL-240.20-07 -V- Dis/Con: Creating Dangerous 07/17/2009

Date: 07/17/2009

Disposition: PG

Sentence: 07/17/2009 Conditional Discharge and Fine, Fine: $100, Paid: Y, Man-Sur: $95, Cust/Time: 1y

Case Sealed"

He showed the immigration officer the letters he got from privious employer from whom he bought a laptop and also the car he purchased from them. he also got 4 or 5 letters of good moral character from his friends and co workers.

The officer kept the disposition copy and told him she will forward this case to a supervisor and he will get the result in mail.

He is a bit worried about what will thay do. Anybody with this situation please give us your input as different lawyers tell him different things like he will be ok or he will be denied for 5 years to apply for citizenship. Thanks in Advance.

My wife is here on a K-1 Visa. We want to get her a SSN. This part confuses me:

"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S.

Federal, State, or local government agency that explains why you need a Social Security number

and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S.

State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your

reason qualifies.

If you check "Other," you must provide a document from the U.S. government agency that

explains why you need a Social Security number and that you meet all of the requirements for a

Federal benefit except for the number."

What should we put for #3 on the SS-5 form and then what do we bring to show why she needs a SSN?

U.S. Citizen

Legal Alien

Allowed To

Work

Legal Alien Not

Allowed To Work (See

Instructions On Page 2)

Other

(See Instructions

Thank you

Here is a link to the form if anyone would like to know what I am talking about

http://www.ssa.gov/online/ss-5.pdf

If she entered at JFK and got the stamp to work you are allowed to get SS. It was piece of cake for us because my wife got the stamp for employment authorized at JFK upon entry. Good Luck

I believe the amount of proof that I sent was also a lot...Did you by any chance changed your address after receiving the Conditional GC?

Our address changed when we bought a house last year...Wonder that causes delay in processing?

No we have stayed in the same apartment since we got married in 2006.