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Confused about Child Citizenship Act of 2000
Dear Forum-members:
Thank You in advance for all Your helpful replies to my situation.
I have dual German and American citizenship and was naturalized back in September 2013. I have two sons who were both born in Germany. One in 2007 and the other now in 2014. For the baby born in 2014 I applied for the birth abroad automatic citizenship in Munich and his passport should be sent to me within the next 2 weeks. All 3 of us live in Germany again since December 2013. I am separated from the father who lives in the U.S. and only has a green card.
For the older son born in 2007 in Germany I am planing to petition for an immigrant visa through an I-130 in Frankfurt. I was told by the immigration office in Miami that once he enters the U.S. with an immigrant visa, he would automatically be a U.S. citizen and I could go straight to the passport office and he would be issued his American passport the same day of entry. I couldn't find anything stating that he would not be granted the I-130 / immigrant visa even though he had overstayed his visitor visa by 4 years when he was in the States with me from 2009-2013. It said that he does not need to apply for a waiver since he was and still is under 18 years of age. Is this correct?
So I have the I-130 all filed out and ready to send and now having reread the Child Citizenship Act of 2000 again, I find myself confused about the requirements:
To be eligible, a child must meet the legal definition of a child for naturalization purposes. They must also meet the following requirements:
The child has at least one United States citizen parent (by birth or naturalization);
The child is under 18 years of age;
Live in the legal and physical custody of the American citizen parent; and,
Be admitted as an immigrant for lawful permanent resident.
In addition, if the child is adopted then the adoption must be full and final.
If the child meets the CCA requirements, he or she will automatically acquire American citizenship on the day of their admission into the United States as a legal permanent resident.
This is what applies to my son once I get the I-130 approved and he enters the U.S. with an immigrant visa. Makes sense.
But then this part makes me wonder if I even need an I-130???:
Children Born and Residing Outside the United States
Children who have at least one U.S. citizen parent but are residing outside of the United States, according to the CCA, may not automatically acquire citizenship but instead their parent must apply for naturalization on behalf of the child. The child will have to travel to the United States temporarily to complete the naturalization process and to take their oath of allegiance. Furthermore, the child does not have to be admitted as a permanent resident. They may enter as a lawful nonimmigrant.
In order to be eligible to claim citizenship, children residing outside of the United States must meet the following requirements:
The child has at least one United States citizen parent (by birth or naturalization);
The United States citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14. If the child’s American citizen parent cannot meet this physical presence requirement, it is enough if the child has an American citizen grandparent that can meet it;
The child is under 18 years of age;
The child is residing outside the United States in the legal and physical custody of the United States citizen parent;
The child is temporarily present in the United States, having entered the United States lawfully and maintaining lawful status in the United States; and,
An adopted child must also meet the requirements applicable to adopted children under immigration law.
Does the requirement that "the child has at least one United States citizen parent" mean that the parent has to have been a citizen at the child's birth or does it apply to my case having been naturalized only 6 years after my son's birth abroad as well?
If I do meet this first requirement I would be eligible to apply for naturalization (is it just the regular N-400 form in this case?) on behalf of my child since I meet all the other requirements (I lived in the States from 1998-2007, 2009-2013).
If so, could I apply for the naturalization for my son from Germany or does the sentence "The child will have to travel to the United States temporarily to complete the naturalization process and to take their oath of allegiance" mean that I would have to live in the States with my son to go through the entire process? If so, it seems easier to chose the I-130 / i.visa option and to enter the States with him to get his citizenship.
I did confirm with the German and U.S. consulate that my older son would have dual German and American citizenship for life once he becomes a U.S. citizen without having to apply for a Beibehaltungsgenehmigung (permission to maintain German citizenship issued by Koeln, Germany, which I have). They said it only applies if one naturalizes, so not with the I-130 but yes I would need it if I chose the other option. Doesn't hurt to mention it here again though to have Your confirmation for that as well.
This is all so complicated. I have dual citizenship, my baby son will have it, why do they make it all so difficult. We do want to travel to the U.S. often and spend the summers there to spend time with the father.
Your help in this matter is truly appreciated.
Thank You.
Thank You in advance for all Your helpful replies to my situation.
I have dual German and American citizenship and was naturalized back in September 2013. I have two sons who were both born in Germany. One in 2007 and the other now in 2014. For the baby born in 2014 I applied for the birth abroad automatic citizenship in Munich and his passport should be sent to me within the next 2 weeks. All 3 of us live in Germany again since December 2013. I am separated from the father who lives in the U.S. and only has a green card.
For the older son born in 2007 in Germany I am planing to petition for an immigrant visa through an I-130 in Frankfurt. I was told by the immigration office in Miami that once he enters the U.S. with an immigrant visa, he would automatically be a U.S. citizen and I could go straight to the passport office and he would be issued his American passport the same day of entry. I couldn't find anything stating that he would not be granted the I-130 / immigrant visa even though he had overstayed his visitor visa by 4 years when he was in the States with me from 2009-2013. It said that he does not need to apply for a waiver since he was and still is under 18 years of age. Is this correct?
So I have the I-130 all filed out and ready to send and now having reread the Child Citizenship Act of 2000 again, I find myself confused about the requirements:
To be eligible, a child must meet the legal definition of a child for naturalization purposes. They must also meet the following requirements:
The child has at least one United States citizen parent (by birth or naturalization);
The child is under 18 years of age;
Live in the legal and physical custody of the American citizen parent; and,
Be admitted as an immigrant for lawful permanent resident.
In addition, if the child is adopted then the adoption must be full and final.
If the child meets the CCA requirements, he or she will automatically acquire American citizenship on the day of their admission into the United States as a legal permanent resident.
This is what applies to my son once I get the I-130 approved and he enters the U.S. with an immigrant visa. Makes sense.
But then this part makes me wonder if I even need an I-130???:
Children Born and Residing Outside the United States
Children who have at least one U.S. citizen parent but are residing outside of the United States, according to the CCA, may not automatically acquire citizenship but instead their parent must apply for naturalization on behalf of the child. The child will have to travel to the United States temporarily to complete the naturalization process and to take their oath of allegiance. Furthermore, the child does not have to be admitted as a permanent resident. They may enter as a lawful nonimmigrant.
In order to be eligible to claim citizenship, children residing outside of the United States must meet the following requirements:
The child has at least one United States citizen parent (by birth or naturalization);
The United States citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14. If the child’s American citizen parent cannot meet this physical presence requirement, it is enough if the child has an American citizen grandparent that can meet it;
The child is under 18 years of age;
The child is residing outside the United States in the legal and physical custody of the United States citizen parent;
The child is temporarily present in the United States, having entered the United States lawfully and maintaining lawful status in the United States; and,
An adopted child must also meet the requirements applicable to adopted children under immigration law.
Does the requirement that "the child has at least one United States citizen parent" mean that the parent has to have been a citizen at the child's birth or does it apply to my case having been naturalized only 6 years after my son's birth abroad as well?
If I do meet this first requirement I would be eligible to apply for naturalization (is it just the regular N-400 form in this case?) on behalf of my child since I meet all the other requirements (I lived in the States from 1998-2007, 2009-2013).
If so, could I apply for the naturalization for my son from Germany or does the sentence "The child will have to travel to the United States temporarily to complete the naturalization process and to take their oath of allegiance" mean that I would have to live in the States with my son to go through the entire process? If so, it seems easier to chose the I-130 / i.visa option and to enter the States with him to get his citizenship.
I did confirm with the German and U.S. consulate that my older son would have dual German and American citizenship for life once he becomes a U.S. citizen without having to apply for a Beibehaltungsgenehmigung (permission to maintain German citizenship issued by Koeln, Germany, which I have). They said it only applies if one naturalizes, so not with the I-130 but yes I would need it if I chose the other option. Doesn't hurt to mention it here again though to have Your confirmation for that as well.
This is all so complicated. I have dual citizenship, my baby son will have it, why do they make it all so difficult. We do want to travel to the U.S. often and spend the summers there to spend time with the father.
Your help in this matter is truly appreciated.
Thank You.
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