Can parents get US citizenship through my child?

In this post, we address questions such “How long does it take?” and “Can a child of a US citizen assist parents acquire a green card?” Here are some typical queries concerning citizenship raised by kids. How many green cards is my kid eligible for?

Can parents get US citizenship through my child?

Children who are US citizens may immigrate to the country, although there are some significant limits. The child’s required age is the most important. 

Only parents of US citizens older than 21 are thought to be admissible. Fortunately, once you submit an application, you are regarded as a “near relative” and are qualified for legal permanent residence (green card). 

If you are a resident of the US, you are allowed to stay and work there indefinitely. (See I.N.A. Section 201(b), and 8 U.S.C. Section 1151(b))

How to become a US citizen?

Citizenship in the US comes with a wealth of benefits. This is the reason so many people make such great sacrifices to immigrate to the US and apply for citizenship. 

According to a prominent researcher at the Migration Policy Institute, citizenship is a priceless asset. Our Citizenship Cost Calculator can show you how much you can save over your lifetime by becoming a US citizen if you are a permanent resident. 

Although the majority of Americans were born on American soil, there are alternative ways for people from other countries to become citizens. 

The four main ways to become a US citizen are naturalization, citizenship by descent, citizenship by acquisition, and citizenship by place of birth in the country. 

The majority of immigrants to the US go through the naturalisation process to become citizens. In fact, a million or more permanent residents apply for citizenship every year on average.

Route 1 Citizenship by birth

According to US law, citizenship is automatically awarded to people who are born in the country (including the US territories of Puerto Rico, Guam, the US Virgin Islands, and the Northern Mariana Islands). 

The offspring of foreign diplomats or members of sovereign Native American tribes are exempt from this rule. 

Every person born or naturalized in the United States who is subject to its jurisdiction is a citizen of the United States and of his country of residence, according to the Fourteenth Amendment to the US Constitution.

Given that most Americans were born in American territory, this person is undoubtedly a citizen of the United States. 

The usual technique to develop The following three channels discuss how immigrants can become citizens.

Path 2: Getting citizenship by acquisition

In some circumstances, a kid will automatically “acquire” citizenship even if they were born abroad. Other requirements must be completed, including that at least one parent was a citizen of the US at the time of the child’s birth. 

The child may also be granted US citizenship at birth if they are married and have children. A kid can generally acquire US citizenship in one of the following ways:

American citizens as parents.

Requires that at least one parent had previously resided in the United States and/or one of its territories, that both parents were married at the time of the kid’s birth, and that the child be born to parents who were all US citizens.

A U.S. citizen was one of the parents.

At the time of the child’s birth, at least one parent must be a US citizen. Born after November 14, 1986, the child. My parents were already married when I was born. 

Parents of US citizens must have lived in the country or on its territory for at least five years before the birth of their child, including at least two of those years after they were 14 years old.

To get an official US Government document proving that they have attained US citizenship by one of the aforementioned routes, applicants must file Form N-600, a Citizenship Certificate application. 

Over the years, the law has undergone numerous changes. Investigating the laws in effect at the time the child (and parents, assuming the grandparents were US citizens) was born is therefore important. 

You can also use CitizenPath to start the application and check your eligibility for free. It might be challenging. 

Consult a knowledgeable immigration attorney who can help you through this process if you are unsure or in a challenging circumstance.

Path 3: Citizenship through descent

A child who is under 18 and residing with a naturalized parent may immediately “acquire” US citizenship if he or she is also a permanent resident.

Children who have become citizens of the US through reasoning are also exempt from having to attend the naturalization ceremony.

In principle, if the three criteria below are satisfied, foreign-born children under the age of 18 immediately become US citizens:

  • Children must be US citizens with legal permanent residence (“green card” holders). When
  • US citizenship is required for at least one parent. When
  • Your child must be physically and legally residing in the US with a parent who is a US citizen. 

The rules governing children’s automatic naturalization have evolved over time. The law in effect at the time your parents become citizens determines whether or not it applies to you. 

Additionally, a stepparent cannot confer citizenship on a child. Open CitizenPath and start the application, then check your eligibility for free.

However, you should seek the assistance of a knowledgeable immigration lawyer who can direct you through this process if you are in a complicated circumstance or cannot locate the necessary papers.

Path 4: Naturalization as citizenship

The process by which a person born outside of the United States voluntarily becomes a US citizen is known as naturalization. 

The most popular way for people who were born outside of the US to become citizens is through naturalization. Before submitting a citizenship application, a person must fulfill a few prerequisites. 

An applicant must generally be 18 years of age and fit into one of three basic qualification categories:

  • 5 years as a lawful resident | Find out more
  • 3 years as a permanent resident, spending at least 3 years with a spouse who is a citizen of the United States | Find out more
  • Services for US Army Qualification | Learn More

These are the top three types of permissions. One of the aforementioned paths is used by the majority of naturalized citizens. 

For a complete list of eligible categories, go to Chapter 4 of the USCIS Naturalization Guide. Permanent residents must submit Form N-400, a naturalization application, to start the process.

United States Citizenship Through Your Children

When weighing your possibilities for entering the US, you may not have given the route through your child any thought. one of the simplest methods for foreigners to apply for citizenship in the US. Sponsors for Green Card applications are often close relatives. 

Relatives are defined in the United States as spouses of US citizens, their unmarried children under the age of 21, or their parents if the US citizen is above 21.

Can my child give me a green card?

Is it possible for me to obtain a green card through my child? Is “yes,” but with a few restrictions. The child’s age is the most challenging restriction. 

The only “close relatives” eligible for the Green Card are the parents of US residents over the age of 21. 

The most frequent issues that foreigners get into when attempting to obtain US Green through their children are listed below.

The possibility that their children may already be “ineligible” is one of the main barriers for immigrants seeking citizenship through their offspring. You are ineligible for this kind of green card if you have been present in the country illegally for more than six months.

You can request a suspension exception, but you must provide proof that your eligible US relatives will have “severe problems” if your application is rejected. 

Only spouses or parents—not children—can be counted for this purpose, therefore if you find yourself in this situation, it is strongly advised that you get your case reviewed by an immigration attorney.

Another frequent issue is that parents of US citizens should not travel abroad for extended periods of time if they truly wish to dwell in the US. 

The length of time you have spent outside the country may be used by US border officials to decide whether you actually “live” abroad and have given up on your home in the US. They might eventually forbid you from returning to the US. 

You might be possible to get a green card without leaving the country even if you take part in a program for expired visas or visa waivers.

With US Citizens’ Immigration (USCIS) staff, you can go through the “Status Adjustment” procedure. 

The main thing to keep in mind is to never misuse your visa. For instance, I just got the original visa that allowed me to travel to the country and apply for a green card.

When will i be granted a green card through my ward?

How long does it take a child to obtain a green card? is another frequently asked topic. 

The process of obtaining a green card takes roughly 10 to 13 months if you meet the requirements depending on the age and financial standing of your child and have lawfully arrived to the US (as a parent). 

There is no cap on the number of green cards you can provide a parent of a US citizen, unlike the spouse of a US citizen. 

The average wait time for a family-based green card application for parents of US citizens is one year.

It is essential to speak with an expert immigration lawyer who is familiar with both sides of the system if you are concerned and thinking, “Can I receive a green card from my child?” 

Companies have the experience and resources to assist you, whether you are trying to get legal status for yourself or your family in the United States or face deportation. 

Process to apply for a visa to remain permanently (green card)

Parents who have a valid visa and are lawfully present in the country can submit the following applications to change their status: 

  • Post I-130. A child who is a US citizen has submitted this petition. 
  • Submit the I-485 form. The parent who is requesting legal permanent residence must 
  • Offers more forms and supporting documents. These consist of: 
    • Credentials as evidence (birth certificate of the child as a parent). 
    • Form I-693 A licensed private surgeon must complete the Health Examination Form. 
    • Affidavit of Support Form I-864 (provides financial evidence that compensation is available to government agencies that provide parents with the necessary funding).
    • Form I-765. In order to work in the US, parents must submit this. 
    • Form I-131. This offers what is known as a “precondition parole” to stop your green card application from being terminated if you need to go outside of the United States while the application process is ongoing.
    •  two recent 30-day-old color passport-sized pictures in color. birth registration (translated into English if not in English). 
    • Expenses for applications, fingerprinting, and biometrics are charged. specifics of the conviction for a crime. 
    • If so, the applicant must provide all information related to the conviction of the crime, which, depending on its nature, may result in the applicant’s disqualification.

The condition that the child must be able to support the family, including the parents, with a household income of 125 percent or more is one of the most frequent issues that stops parents from acquiring a green card through a child who is a U.S. citizen. 

A poverty line exists. The high expense of submitting a green card application is an additional barrier for candidates. Forms I-130 and I-485 each include submission fees of $535 and $1225, respectively. 

Therefore, before beginning the application procedure, each candidate must be able to pay these fees.

Criminal convictions and longer visa stays are examples of additional limitations that are prohibited.

References 

https://www.alllaw.com/articles/nolo/us-immigration/become-permanent-resident-through-citizen-child.html

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