Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Proof of parents residence in US after age 14, use affidavit or gma's citizenship?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Proof of parents residence in US after age 14, use affidavit or gma's citizenship?

    My daughter has lived overseas since she was 15, with a few visits to the states after that. She had a baby overseas and to get citizenship for the baby, she needed to prove residency. I have school records up to when she left, but nothing after that. I was thinking of filing an affidavit of physical presence for her at the local embassy, but if they look up her exact dates of presence, I'm not sure it would be quite the required 2 years after age 14. Should I do the affidavit and take it to the embassy and see what they say? Or should I just get his citizenship through me, I'm still physically present in the US. The only problem with that is I read my grandson has to be present in the US for me to get his citizenship. He's an infant and can't do interviews or take an oath. Do they insist on babies being present to use the grandparent's citizenship? What's the best way to do this at the embassy?
    Thanks!

  • #2
    Originally posted by Ginaccc View Post
    My daughter has lived overseas since she was 15, with a few visits to the states after that. She had a baby overseas and to get citizenship for the baby, she needed to prove residency. I have school records up to when she left, but nothing after that. I was thinking of filing an affidavit of physical presence for her at the local embassy, but if they look up her exact dates of presence, I'm not sure it would be quite the required 2 years after age 14. Should I do the affidavit and take it to the embassy and see what they say? Or should I just get his citizenship through me, I'm still physically present in the US. The only problem with that is I read my grandson has to be present in the US for me to get his citizenship. He's an infant and can't do interviews or take an oath. Do they insist on babies being present to use the grandparent's citizenship? What's the best way to do this at the embassy?
    Thanks!
    Try to find any records, appointments, etc. relating to the times she was in the US, including her later visits. She needs to show 5 years of physical presence (not "residence") before the child's birth, including 2 years after turning 14. Do you think her visits after she left add up to the 2 years of physical presence after turning 14? It's usually recommended to have much more evidence than necessary, because there are always going to be gaps in evidence. But it sounds like she would only barely meet the requirement, if at all, so it's hard to say whether the officer will accept it or not.

    If you can't prove the child's citizenship from birth, the way to get citizenship for the child depends on whether the child and the family intend to move to the US or to continue residing abroad (since your daughter has been living overseas, does that mean the family will continue to reside abroad?).

    If they will move to the US, the correct method is for your daughter to petition (I-130) the child to immigrate (i.e. become a US permanent resident). The child will get an immigrant visa, and upon entering the US with that immigrant visa, will automatically become a US permanent resident, and also immediately become a US citizen under INA 320 due to being a permanent resident under 18 living in the US with a US citizen parent.

    If they will continue to reside abroad, the the procedure is the INA 322 naturalization process, which is what you described above. Either the US citizen parent (your daughter)'s physical presence up to now (not just up to the child's birth) can be used, if it meets the 5 years including 2 years after turning 14 requirement, or your (your daughter's US citizen parent; the child's grandparent) physical presence can be used, if it meets the 5 years including 2 years after turning 14 requirement. She would file N-600K, and then when it is approved, the child will enter the US as a nonimmigrant visitor (usually on B2 visitor visa; could also be Visa Waiver Program depending on nationality; note that all these statuses require that the child has no immigrant intent, that's why this is only for if the family does not intend to move to the US), to take the oath (the actual oath can be waived for very young children). It doesn't have to be done now; it can be done whenever the child will visit the US in the future, as long as the whole process (including oath) be done before the child turns 18.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Try to find any records, appointments, etc. relating to the times she was in the US, including her later visits. She needs to show 5 years of physical presence (not "residence") before the child's birth, including 2 years after turning 14. Do you think her visits after she left add up to the 2 years of physical presence after turning 14? It's usually recommended to have much more evidence than necessary, because there are always going to be gaps in evidence. But it sounds like she would only barely meet the requirement, if at all, so it's hard to say whether the officer will accept it or not.

      If you can't prove the child's citizenship from birth, the way to get citizenship for the child depends on whether the child and the family intend to move to the US or to continue residing abroad (since your daughter has been living overseas, does that mean the family will continue to reside abroad?).

      If they will move to the US, the correct method is for your daughter to petition (I-130) the child to immigrate (i.e. become a US permanent resident). The child will get an immigrant visa, and upon entering the US with that immigrant visa, will automatically become a US permanent resident, and also immediately become a US citizen under INA 320 due to being a permanent resident under 18 living in the US with a US citizen parent.

      If they will continue to reside abroad, the the procedure is the INA 322 naturalization process, which is what you described above. Either the US citizen parent (your daughter)'s physical presence up to now (not just up to the child's birth) can be used, if it meets the 5 years including 2 years after turning 14 requirement, or your (your daughter's US citizen parent; the child's grandparent) physical presence can be used, if it meets the 5 years including 2 years after turning 14 requirement. She would file N-600K, and then when it is approved, the child will enter the US as a nonimmigrant visitor (usually on B2 visitor visa; could also be Visa Waiver Program depending on nationality; note that all these statuses require that the child has no immigrant intent, that's why this is only for if the family does not intend to move to the US), to take the oath (the actual oath can be waived for very young children). It doesn't have to be done now; it can be done whenever the child will visit the US in the future, as long as the whole process (including oath) be done before the child turns 18.
      Thank you for your reply.

      Can I file just an affidavit saying she was there or do I need proof along with the affidavit? Because the instructions for the 660 paper made it sound like they would just take my word for it as long as I signed and swore. I found an affidavit for physical presence online and I was going to fill that out and take it in.

      The family will reside abroad. I'm hoping my grandson can just get citizenship through my daughter, since it's 200 dollars to do it that way and 1170 if I file using me, his grandmother.

      Comment


      • #4
        Originally posted by Ginaccc View Post
        Thank you for your reply.

        Can I file just an affidavit saying she was there or do I need proof along with the affidavit? Because the instructions for the 660 paper made it sound like they would just take my word for it as long as I signed and swore. I found an affidavit for physical presence online and I was going to fill that out and take it in.

        The family will reside abroad. I'm hoping my grandson can just get citizenship through my daughter, since it's 200 dollars to do it that way and 1170 if I file using me, his grandmother.
        Not sure what "660 paper" you are talking about. If you are talking about the N-600 that's an application for a Certificate of Citizenship and that also costs $1170 and takes many months. That's a big waste of money and time. (Plus evidence of the physical presence does need to provided with N-600; see the instructions.)

        What it sounds like you are talking about instead is them applying for a CRBA (with form DS-2029) at a US consulate abroad (the CRBA application costs $100, and another $105 for a child passport, for a total of $205). If you look at the CRBA checklists from the consulates, evidence of the physical presence is needed.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X