ian-mstm

I've been thinking about various scenarios and was wondering... even though the child has a "claim to US citizenship", the child is not currently a USC - or, at least, has no proof of that. What would happen, for example, if the mother claims the child is a USC at the POE? Would that screw the child over for life by claiming US citizenship where none existed?

This is the stuff that keeps me up at night!

Ian

sir_eccles

Fined for not traveling on a US passport?

crg

Oddly enough, US citizens don't have to actually prove citizenship at a port of entry to be allowed to enter, probably because being allowed to enter in that manner doesn't make them a citizen. They merely have to claim they are, and satisfy the border guard that they are to be allowed to cross. There is a procedure to have a judge weigh in if someone claims, the officer is not satisfied, and the unverified claim needs to be reviewed.

If a person is allowed in based on a false claim, he is found not to be one, the person is considered to have entered without inspection because US citizens are only examined and not inspected. That, in theory, makes the person easier to remove.

Entering without inspection would often serve to prevent adjustment of status later because the person was not admitted or paroled. Unlawful presence would accrue from 18 on.

The age, mental development and criminal history of the child (previously tried as an adult for something else) may come into the equation when deciding consequences of such a claim.

CaliforniaBride

Thanks guys. The thread got interesting. I have to clarify since it seems I jumped the gun. The USC parent is coming for the purpose of visiting the US.

Ian, I suspect the USC will change their mind. That's just my surmising. I'm curious from a distance but want to gather information just in case.



If the USC does change their mind then they can file for adjustment for the child is that correct?

If they did change their mind then I believe they would file I-485 and I-130. Is that correct? Also would the Affidavit of Support be filed at that time or after. A joint sponsor would be needed as the USC is employed overseas but has no employment here.

zerlesen

As presented here, the scenario does sound a bit sketchy. The USC is going to encounter unforeseen circumstances requiring her to quit her job and stay in the US with the kid? I mean, I'm not saying it's impossible, but there's going to be some 'splaining required.

crg

So now they're all just visiting?

"Well, I thought it was very lovely story, and you tell it so well, with such enthusiasm."

-Forest Gump

JAJ

Not always. At least one of the U.S. citizen parents must have resided in the United States at some stage. It would be unusual for this not to be the case, but the situation can occur.

Also, if the parents are not married, a claim to U.S. citizenship is usually based on the mother and a different rule applies.
Transmission Requirements for U.S. Citizenship | Embassy of the United States

CaliforniaBride

Any takers on this? They're actually talking about the LPR going back with them. But in the event they do stay then have I got it right? My LPR was so long ago and under different circumstances and I'm not seeing much on this specific situation.

I'm seeing how people arrive on VWP, get married and adjust. Would they just follow those steps or are there any differences?

zerlesen

I'm sticking with "it sounds sketchy". If the government looked at the situation as you've described it and saw a fraudulent use of the VWP, could you blame them?

The question is not just whether they can file the application, it's whether the application will necessarily be approved, and what the consequences will be for everyone involved if it isn't.

Absent other issues, the kid can easily immigrate if that's what is desired, they're just supposed to do it properly.