ezzie

I can only run to VJ after praying to the Heavenly Father for mercy and guidance..so please advice, as I am so tensed about our situation.

My son is turning 18 this year. After a surviving the tale of our petition being transferred to the Texas Service Center blackhole, we are finally scheduled to have the interview on July 1. Up to this time, the biological father has refused to sign the consent allowing my child to go. My son is willing to come with me. I have been trying to ask for the consent for the longest time, and was told he will, but I am always given the run-around.

I am planning to just go ahead and take my son with me ( with a positive mind that we will pass the interview). I don't know if there was ever a case wherein the immigrations in the Philippines did not let a 17 year old board the plane with his mother with him.

Any advice/experience/known case/, whether positive or negative, will be appreciated. These will help clear my mind.

Thanks.

I can't find anything that says otherwise. 8 USC 1401 says:

a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years

It says one parent must have been a US citizen at the time of the child's birth, and that they must have been physically present in the US for five years prior to the birth. It doesn't specifically say that the parent must have been a US citizen during those five years. By strict interpretation of this law, my friend was eligible to convey citizenship on his foreign born child. The consulate in HCMC apparently agreed.

The purpose of the physical presence requirement was to prevent someone from creating a chain of US citizenship to multiple generations of a family who have never been in the US. For example, Joe is born in country X to a parent who is a US citizen, so he acquires US citizenship. Joe never goes to the United States, but fathers a child - John - who acquires US citizenship through parent Joe. John never goes to the US, and fathers a child - Sally - who acquires US citizenship through parent John, and on and on. The law was specifically crafted to avoid scenarios like this from happening. If John never goes to the United States, and never meets the residency requirement, then the chain of conveyed citizenship ends with him.

It would be a little silly if they required the parent to be a US citizen during the five years of physical presence. That would effectively be saying that you aren't eligible to convey citizenship to your children until you've been a citizen for five years, even though that same child would automatically become a US citizen if they were admitted to the US as an immigrant, even if the child arrived in the US the day after the parent took the oath of citizenship.

Very well said.

No. Physical presence as an LPR also counts. My friend was an LPR for 14 years. He became a US citizen after his second trip to Vietnam and then filed a K1 petition. His fiancee became pregnant during his third trip. They scheduled an appointment to submit a CRBA at the consulate a few weeks after the K1 interview appointment. The visa was conditionally approved pending the outcome of the CRBA. The CRBA was approved a few weeks after it was submitted. At the time the child was born he had only been a US citizen for a little over a year, so obviously they had to count the time he was an LPR.

But would "physical presence" also include the time the biological parent was still "conditional" for 2 yrs, by virtue of marriage to a USC?

"But at the oath ceremony, tell you your eligible kids are US citizens, but with no proof of that."

Does this mean the kids will not receive their Certificate of Citizenship after oath-taking?

BTW Nick, your daughter and I were both in the November 2010 USC applicants' thread.

"Under the Child Citizenship Act, the U.S. citizen parent of a child living abroad must have five years of physical presence in the United States or its outlying possessions with at least two years occurring after age 14, in order to apply for citizenship on behalf of the child."

When do you start to consider the "five years of physical presence" rule? Is this when you get the LPR status, or when you actually get to the US? I came on B1/B2 and did AOS; became USC this year.

Anyone? Please help...

Wow..I am presently doing my research on the N-600, and I want to thank the previous poster for this information. I am the mother, and we have exactly the same situation. I am actually going back to the US in a few weeks with my child, and because of this information I still have time to prepare for the documents. Thanks, and to VJ as always!

For anyone who can help..What is the usual timeframe for the filing of N600? And is it okay to apply for a passport before the N600 becomes final?

Just called up USEM to reschedule the July 1 interview for my 15 yr old, and the operator said they are presently scheduling for August.

I got interview date today for July 18 but might re-schedule if I can't make it.

Congrats, California Guy and Mrs P!

I was researching the CCA a bit after adopting my stepchilden (I am USC).

It can be complicated (it was with mine, but I guess adopting makes it more challenging!)

Is the mother US citizen by birth or naturalization?

Was the mother US citizen at the time of birth of the child?

Is the child born outside US?

Reading your email, I guess the child is still outside US, right?

I will check for the part in the CCA when you give me some more information.

Thanks

Sib

The mother is USC by naturalization, and was Filipino at the time of the birth of the child.

The child was born in the Philippines. The stepdad (USC) was the one who petitioned for the child, since at the time of filing, the biological mother was still LPR.

12 days for k1 and k2! interview was on june 3.

Is there an option for pick-up?

CCA has some caveats, but mostly, I THINK the child qualifies.

Hi Darnell..So will the child's visa be enough to apply for a US passport?

Ive been researching on VJ, and it seems more practical at the moment to go with applying for passport for when he gets to the US..on the other hand, though, he'll be turning 18 on Dec, so I guess we really need to file for the N600.

Regarding the US Passport question, on what basis? If the child has claim to USC then they shouldn't be issued a Visa as they can just CRBA & be a USC/get passport abroad. If not claim to USC then you're looking fir the LPR with USC Parent automatic conversion then I have no idea.

Thanks for your reply.

Child will have claim to citizenship based on Child Citizenship Act ( the biological mother is USC).

i believe that you can re-schedule it....the payment you made is valid for a year....just call the US embassy scheduling call center and im sure they can help you out.....no worries...

Hi! Will do that. Thanks!!

The problem is..If he passes the interview on July 1, the 6-month window period to leave the country will be over by the time he graduates.

The child has one year to follow on a K2, not six months, I believe. maybe this will help.

And Yes you can reschedule online here https://cgifederal.secure.force.com/apex/ApplicantHome

or by phone here

1-214-571-1600

Also I just canceled my fiancee's interview to reschedule for later date and they said right now all the calendars are closed for K1 interviews and we will just have to wait for more openings.. thing is, the old date has to be canceled first before you can view the calendar just to see what is available... what a backwards way of doing it!

Thanks a lot for your reply.

The info you posted is truly helpful!! Thanks again!

Hi,

Is your son Illegitimate?, Then why do you need his biological Father's signature if you were never married to him?

Hi, and thanks for replying.

I am divorced to the biological father. I am actually in the Phil right now for their ( we have 2 children on IR2) supposed medical and interview. The father will allow the 17 yr old to go( as of this writing, cuz they are giving me the run-around), but the 15 yr old will stay till he graduates.

Do they allow rescheduling of interviews in the USEM? I am actually in a dilemna right now so I pray that someone can help me..

My 15 yr old child is scheduled for interview on July 1. He is enrolled as a senior in HS here in the Phil. The biological father refuses to sign the affidavit allowing him to leave right now, but compromised that he will allow the child after he graduates in HS.

The problem is..If he passes the interview on July 1, the 6-month window period to leave the country will be over by the time he graduates.

Do they reschedule based on some criteria..? Or they will just reschedule per request?

When the child enters the US on an immigration visa, the child's visa becomes a temporary green card valid for one year. About 3-6 weeks after entering the US, the child will automatically get a green card sent home. There is no need to file an AOS.

Will the child's visa be enough to file for US passport, when the biological parent is USC? Or we need to wait for the permanent card? The child will be almost 18 when he enters the US. Also, can we request for SSN as soon as he comes in? This is for insurance purposes.

Help please...Anyone?

hi guys! Im now here in Manila, hating the heat and the traffic ( got worse!!!), but loving it still that I got to see the children again.

The NAIA2 experience was actually VERY pleasant..I was out in no time that it was actually a breeze ( in fact the only reason I took few minutes longer getting out was because I was observing the flow, and because the plane landed 45 minutes earlier than the ETA. The porters were very helpful, not the kind that would stick with you just so they could get something. I was very observant the whole time I was there, so I was also checking out how they were with the other passengers..and they were very courteous. I was pleasantly surprised, and felt proud that things have changed.

I almost had a heart attack with the way everyone was driving, though, including my sis! And then my son commented: But that was how YOU were driving before!! Haaayyyy...Only in the Philippines...

Thanks. That's really good news.

What's the I-134 for, and when is it submitted? Sorry for the ignorance, but when I checked it seems like the AOS. Is this just for fiancee visa?

Thanks for adding us here, California Guy. Hope you join the July group as well. Good luck, everyone. We go first of the month, so we hope to bring good tidings for all of us.

Congrats! You can finally get your princess home...

My fiance had a similair but not exactly the same issue so we obtained a "One and the same person" affidavit just to cover the bases. No issues so far. Interview in 2 weeks! Best of luck to you.

Hey, good luck guys on the interview. And may you have a pleasant stay in Manila.

Cynthia just had her interview earlier on Jun 1st Manila time She got VISA APPROVED She said it was easy..just waiting sucks.

Congrats!! Happy for all these good news!

My kids' interview will be in one month, so I'll be coming to Manila.

My $1675 airfare was USD - so about 72,000p from Florida to Manila on Delta. Thought you needed from US to the Phils. Sorry bout that.

Oh, I actually asked for US to Phil, so you're okay. I just got PAL for $1428 from a travel agent just now, but my return flight is on waiting list so the confirmation will be tomorrow. But she said it will be fine, she just wants me to get the date I want to return to US.

I asked my sister to inquire from the Phil, but the fare is more expensive. $17500, so I said naah, I'll get it from here in the US.

Thanks, Paul/Rain!

Visa approved today! My husband's coming home on June 9th, through SFO. We're so incredibly happy – couldn't have done it without VJ, so thanks for everything!

I hope the rest of the TSC refugees who are still finishing up the process will be home soon!

Congrats, Jennie, and all the rest who are over this journey! truly officially out of the blackhole!

Saylin, as for us, our scheduled interview date is for July 1st, CC last May 4.