Same question but shorter post

[letsgotomiami378]

Hi, I had posted a couple of days ago under the thread topic "Confused about the Child Citizenship Act" and got no replies. So I figured if I post a much shorter thread, people will not get so overwhelmed by reading.

I have dual citizenship, German and U.S., got naturalized in 2013, and am living in Germany with my two sons who were both born in Germany. My baby son, born in 2014, got dual citizenship through me. My older son was born in 2007 when I only had a green card. I have sole custody and the kids' father lives in the States but only has a green card.

Question with regards to the Child citizenship act: For my older son, do I petition for him with the I-130 / immi visa and then travel to the U.S. to get his passport upon entry (first option of the CCA), if yes, do I need the N-600 after entry or do I get his passport issued the same day at the passport agency? Or do I qualify for the second option of the CCA that states that I can claim citizenship for him if I was in the U.S. for 5 years (I was there from 1998-2007, 2009-2013)? Does this only apply if the U.S. parent had citizenship at the child's birth?

Thank You for Your responses.

[rayb]

When your older son arrives in the U.S. with an immigrant visa, after you process him with form I-130, he can then apply for proof of derived citizenship with form N-600 and/or a passport application.

--Ray B

Hi, I had posted a couple of days ago under the thread topic "Confused about the Child Citizenship Act" and got no replies. So I figured if I post a much shorter thread, people will not get so overwhelmed by reading.

I have dual citizenship, German and U.S., got naturalized in 2013, and am living in Germany with my two sons who were both born in Germany. My baby son, born in 2014, got dual citizenship through me. My older son was born in 2007 when I only had a green card. I have sole custody and the kids' father lives in the States but only has a green card.

Question with regards to the Child citizenship act: For my older son, do I petition for him with the I-130 / immi visa and then travel to the U.S. to get his passport upon entry (first option of the CCA), if yes, do I need the N-600 after entry or do I get his passport issued the same day at the passport agency? Or do I qualify for the second option of the CCA that states that I can claim citizenship for him if I was in the U.S. for 5 years (I was there from 1998-2007, 2009-2013)? Does this only apply if the U.S. parent had citizenship at the child's birth?

Thank You for Your responses.

[letsgotomiami378]

Second option

When your older son arrives in the U.S. with an immigrant visa, after you process him with form I-130, he can then apply for proof of derived citizenship with form N-600 and/or a passport application.

--Ray B

Thank You for Your fast response, Ray. Does that mean I do not qualify for the 2nd option of the CCA for which I do not need an immigrant visa and can give citizenship to my son by proofing the 5 year U.S. time period requested? Probably because I was not a U.S. citizen at his birth?

Another important question for me is whether we would have to move back to the States in order to be granted a I-130? Will my son be interviewed personally by the American Consulate even though he is only 7 years old or will they interview only me?

Thank You again.

[rayb]

Poster,

You will need to have a U.S. address as domicile, or proof that you intend to return to the U.S. with the child, and a qualified co-sponsor with U.S.-source income (in addition to you being the primary sponsor). You will have to be at the Embassy interview with the child.

--Ray B

Thank You for Your fast response, Ray. Does that mean I do not qualify for the 2nd option of the CCA for which I do not need an immigrant visa and can give citizenship to my son by proofing the 5 year U.S. time period requested? Probably because I was not a U.S. citizen at his birth?

Another important question for me is whether we would have to move back to the States in order to be granted a I-130? Will my son be interviewed personally by the American Consulate even though he is only 7 years old or will they interview only me?

Thank You again.

[letsgotomiami378]

No sponsor form needed with 320 /No need to domicile in the US with section 322 / CCA

Poster,

You will need to have a U.S. address as domicile, or proof that you intend to return to the U.S. with the child, and a qualified co-sponsor with U.S.-source income (in addition to you being the primary sponsor). You will have to be at the Embassy interview with the child.

--Ray B

Dear Ray,

I was looking up the sponsorship affidavit (form I-864) and info about it. In the instructions, it said the following:

The following type of intending immigrants do not need to file this form:

Any intending immigrant, who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000 (CCA)"

Section 320 applies if I get an immigration visa / green card for my son and enter the U.S. with him, from what I understand so far.

This brings me back to Section 322.

Since I have lived in the U.S. for over 5 years, don't I qualify to file the N-600k form under section 322/CCA to naturalize him? This would be a lot easier for us since we would only have to travel to the U.S. for the interview and not have to move there and get a sponsor.

This is all very confusing. Please clarify before I make another mistake like so many in this immigration process so far. I don't want to send the I-130 application without being totally sure that this is the only option.

Thank You again.

[rayb]

Poster,

You're looking for work-arounds that do exist on paper, but are not always that easy to accomplish.

If petitioning the child for an immigrant visa, you may request a waiver from the sponsorship requirement by using form I-864W after paying the National Visa Center the sponsorship processing fee.

You may succeed in obtaining fast track proof of derivative citizenship with for N-400K, but you must get the child a visa to enter the U.S. legally (B2). A U.S. consulate issues visitor visas on a discretionary basis, so it's not a guarantee that applying for it will get it issued.

--Ray B

Dear Ray,

I was looking up the sponsorship affidavit (form I-864) and info about it. In the instructions, it said the following:

The following type of intending immigrants do not need to file this form:

Any intending immigrant, who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000 (CCA)"

Section 320 applies if I get an immigration visa / green card for my son and enter the U.S. with him, from what I understand so far.

This brings me back to Section 322.

Since I have lived in the U.S. for over 5 years, don't I qualify to file the N-600k form under section 322/CCA to naturalize him? This would be a lot easier for us since we would only have to travel to the U.S. for the interview and not have to move there and get a sponsor.

This is all very confusing. Please clarify before I make another mistake like so many in this immigration process so far. I don't want to send the I-130 application without being totally sure that this is the only option.

Thank You again.

[letsgotomiami378]

I understand now. Thank You very much.

Poster,

You're looking for work-arounds that do exist on paper, but are not always that easy to accomplish.

If petitioning the child for an immigrant visa, you may request a waiver from the sponsorship requirement by using form I-864W after paying the National Visa Center the sponsorship processing fee.

You may succeed in obtaining fast track proof of derivative citizenship with for N-400K, but you must get the child a visa to enter the U.S. legally (B2). A U.S. consulate issues visitor visas on a discretionary basis, so it's not a guarantee that applying for it will get it issued.

--Ray B

Thank You for Your expert responses. Very much appreciated. I will file I-130. Happy new year.