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Child Citizenship Act, PLEASE HELP!!!

Child Citizenship Act, PLEASE HELP!!!

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Old Dec 18th 2002, 1:53 am
  #1  
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Default Child Citizenship Act, PLEASE HELP!!!

I'm very, very confused about the Child Citizenship Act. So, please answer my compiled questions about this act. Please note I have just turned a US Citizen, and I wanna inherit my citizenship to my two children, who are NOT perminent residents:

1. Is it true, that I have to be a US Citizen, BEFORE my children's birth?

2. The second requirement of the act states, that my total physical presence in the country must be for 5 years. Can it be my TOTAL days I stayed in the US, as a resident or as a Citizen, or it MUST be AFTER I turn a citizen?

3. One of my kids, is here, and is being processed in the deportation proceedings. I have plans to have an attorney stop his deportation, based on his medical requirements to stay here, and the fact that he can adjust his status here. My question is, can I file an N-600 before the court hearing occurs, or must I file it in front of a judge? Also, can it even be filed?

4. If I file an N-600 during his deportation process is going on, or file it after his hearing occurs, what would be my child's status here during it, and can he apply to work during his N-600 is processed?

5. If it is not allowed for my son to file an N-600, during his proceedings, and instead he is forced to file an I-485, can I also file an N-600 with it, so it is processed faster, and his status would be better as well, right? In this case, he would be eligible to work too, right?

6. Would you please look into this matter please, even INS does not have enough information on it. I wanna know what would happen if my son ages out, during his application is being processed. Although, he was the right age, when he filed an N-600. Please look into it, thanks very much for it.

7. Is there a way, N-600 could be processed faster? If so, what EXACTLY must be done?

Thank you very much for all your time!
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Old Dec 21st 2002, 7:32 am
  #2  
Rich Wales
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Default Re: Child Citizenship Act, PLEASE HELP!!!

"Fragger" wrote:

> I have just turned a US citizen, and I wanna pass along
> my citizenship to my two children, who are NOT permanent
> residents:

Presumably, then, you are referring to the second part of the Child
Citizenship Act of 2000 -- the part which amends section 322 of the
Immigration and Nationality Act [8 USC 1433].

> Is it true that I have to be a US citizen, BEFORE my children's
> birth? . . . The second requirement of the act states that my
> total physical presence in the country must be for 5 years.
> Can it be my TOTAL days I stayed in the US, as a resident or
> as a citizen, or MUST it be AFTER I turn a citizen?

As I understand INA 322 [8 USC 1433] as amended by the Child Citizen-
ship Act of 2000, you can count ALL the time you spent in the US, and
NOT just the time after you became a US citizen -- as long as you are
a US citizen at the time you apply for your children to be naturalized
under this section.

> One of my kids is here and is being processed in deportation
> proceedings.

One requirement under INA 322 is that the child "is temporarily
present in the United States pursuant to a lawful admission, and
is maintaining such lawful status". I would suppose that this
would NOT cover a child who is in custody and facing deportation.

I don't know (and am not prepared to speculate) whether you can
apply for naturalization of this child before he is out of custody.
Beyond that, I would say the rest of your questions really need to
be directed to a competent immigration lawyer. (No, sorry, I don't
know any specific lawyer to refer you to.)

Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old Dec 24th 2002, 12:43 am
  #3  
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Default Re:

First off, thanks for your reply sir. No one seems to have any info on this act, and therefore are not answer this post.

Before I called the INS, and read the act over and over, I thought that I just have to be a US Citizen at the time of applying for my child's citizenship. Now, as I contacted some lawyer and the INS, I found out that children who are not perminent residents and live outside the US, their parents must be US Citizens at the time of childs birth.

After I found this out, I was shocked, since even the EXACT amendment does not state anywhere that a parent must be a US Citizen at the time of child's birth.

After all the digging, I'm still clueless. Although, if you have any clues, I will be glad to acknowledge them Thanks again!
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Old Dec 24th 2002, 4:21 am
  #4  
Rich Wales
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Default Re: Child Citizenship Act, PLEASE HELP!!!

"Fragger" wrote:

> Now, as I contacted some lawyer and the INS, I found
> out that children who are not permanent residents and
> live outside the US, their parents must be US citizens
> at the time of child's birth.

As far as I'm aware, this is not correct according to the Child
Citizenship Act of 2000.

It =is= true that a non-US-born child cannot get US citizenship
at birth [under INA 301 / 8 USC 1401] unless at least one parent
is a US citizen at the time of the child's birth. Perhaps the
people you spoke to did not understand that you were contemplating
an application for naturalization of the child under the new law,
and not a claim for the child to have US citizenship at birth.

> After I found this out, I was shocked, since even the
> EXACT amendment does not state anywhere that a parent
> must be a US citizen at the time of child's birth.

You're right. Further, the following page on the INS's web site
does not mention any such requirement:

http://www.ins.gov/graphics/publicaf...ts/adopted.htm

It's certainly possible that the lawyer you spoke with -- as well
as the INS person(s) you talked to -- may have misunderstood the
law (since it is a relatively recent law) -- or they might have
misunderstood your question, or you might have misunderstood the
answer you got. I would suggest checking again.

Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old Dec 26th 2002, 3:31 am
  #5  
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Default Re:

I totally agree with you! I'm not even prepared to believe that, but I mean come on, the INS Officer stated this from her own mouth! I'm she didn't misunderstand me or vice versa, and nor did the attorney, as when I asked him about double checking this act, he replied, "Sir! We do this for living!". Still I cannot accept it.

Would you do me a favor, sir? Would you try to dig into this matter? Maybe your sources are more reliable than mine, or maybe your understanding is better. I would be so grateful to you! Thanks for all your time!
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Old Dec 27th 2002, 6:49 am
  #6  
Rich Wales
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Default Re: Child Citizenship Act, PLEASE HELP!!!

"Fragger" wrote (apparently in response to my posting):

> I totally agree with you . . . but I mean come on, the INS
> Officer stated this from her own mouth! I'm [sure] she didn't
> misunderstand me or vice versa, and nor did the attorney, as
> when I asked him about double checking this act, he replied,
> "Sir! We do this for [a] living!" Still I cannot accept it.

All I can say is that the Child Citizenship Act of 2000 appears (to
me) to be quite clear with regard to the requirements for expedited
naturalization of a minor child of a US citizen living outside the
US. It does say that the parent must be a US citizen in order for
the child to be naturalized under this provision, but it does NOT
say that the parent must already have been a US citizen at the time
of the child's birth.

That's why I wondered whether the people you spoke to might have
misunderstood you and thought you were asking about whether your
child was entitled to claim US citizenship by birth under section
301 of the Immigration and Nationality Act [8 USC 1401]. That
particular section DOES demand that at least one parent must have
been a US citizen at the time of the child's birth.

> Would you do me a favor, sir? Would you try to dig into
> this matter? Maybe your sources are more reliable than
> mine, or maybe your understanding is better.

I'm sorry, but it would be inappropriate for me to get directly
involved in your case in such a way (see the disclaimer in my
signature). My only suggestion to you is to talk to another INS
person, and/or to another lawyer -- or perhaps to someone at a
US consulate or embassy. Make absolutely sure they understand
right from the start that you are asking about having your
children become naturalized US citizens under the provisions of
the Child Citizenship Act of 2000. The cites (legal references)
to the appropriate statutes would appear to be the following:

Child Citizenship Act of 2000, section 102
Immigration and Nationality Act, section 322
United States Code, 8 USC 1433

Make very, very sure the people you talk to understand that you
are NOT talking about US citizenship at birth to a foreign-born
child of a US citizen (Immigration and Nationality Act, section
301; US Code, 8 USC 1401).

If everyone you talk to still insists that this part of the
Child Citizenship Act of 2000 doesn't apply because you were
not already a US citizen at the time your children were born,
then, frankly, I'll be completely and utterly baffled, because
as far as I can tell, that is NOT what the law says.

Finally, though, I do wonder about one aspect of your situation.
It sounded, from your original posting, that you currently live
in the US, but your children do NOT live in the US (though one
of them is currently in the US, involved in a deportation pro-
ceeding). The law you appear to be trying to use requires that
"the child is residing outside of the United States in the legal
and physical custody of the citizen parent" [INA 322(a)(4); 8
USC 1433(a)(4)]. If you currently live in the US, I'm having a
bit of trouble understanding how your children can be in your
"legal and physical custody". Perhaps the people you spoke with
earlier were unable to understand how this part of the Child
Citizenship Act of 2000 could possibly apply in your situation,
given that you live in the US, and thus your children must either
also be living in the US or else not be physically in your custody.

Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old Dec 27th 2002, 5:35 pm
  #7  
Jesus A. Nerio
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Posts: n/a
Default Re: Child Citizenship Act, PLEASE HELP!!!

I am a lawyer in the State of Georgia and practice immigration law.

If you want a legal opinion based on the information that you provide, I can
give you one. ... even if it's not the one you want to hear

[email protected]

"Rich Wales" wrote in message
news:[email protected]...
    > "Fragger" wrote (apparently in response to my posting):
    > > I totally agree with you . . . but I mean come on, the INS
    > > Officer stated this from her own mouth! I'm [sure] she didn't
    > > misunderstand me or vice versa, and nor did the attorney, as
    > > when I asked him about double checking this act, he replied,
    > > "Sir! We do this for [a] living!" Still I cannot accept it.
    > All I can say is that the Child Citizenship Act of 2000 appears (to
    > me) to be quite clear with regard to the requirements for expedited
    > naturalization of a minor child of a US citizen living outside the
    > US. It does say that the parent must be a US citizen in order for
    > the child to be naturalized under this provision, but it does NOT
    > say that the parent must already have been a US citizen at the time
    > of the child's birth.
    > That's why I wondered whether the people you spoke to might have
    > misunderstood you and thought you were asking about whether your
    > child was entitled to claim US citizenship by birth under section
    > 301 of the Immigration and Nationality Act [8 USC 1401]. That
    > particular section DOES demand that at least one parent must have
    > been a US citizen at the time of the child's birth.
    > > Would you do me a favor, sir? Would you try to dig into
    > > this matter? Maybe your sources are more reliable than
    > > mine, or maybe your understanding is better.
    > I'm sorry, but it would be inappropriate for me to get directly
    > involved in your case in such a way (see the disclaimer in my
    > signature). My only suggestion to you is to talk to another INS
    > person, and/or to another lawyer -- or perhaps to someone at a
    > US consulate or embassy. Make absolutely sure they understand
    > right from the start that you are asking about having your
    > children become naturalized US citizens under the provisions of
    > the Child Citizenship Act of 2000. The cites (legal references)
    > to the appropriate statutes would appear to be the following:
    > Child Citizenship Act of 2000, section 102
    > Immigration and Nationality Act, section 322
    > United States Code, 8 USC 1433
    > Make very, very sure the people you talk to understand that you
    > are NOT talking about US citizenship at birth to a foreign-born
    > child of a US citizen (Immigration and Nationality Act, section
    > 301; US Code, 8 USC 1401).
    > If everyone you talk to still insists that this part of the
    > Child Citizenship Act of 2000 doesn't apply because you were
    > not already a US citizen at the time your children were born,
    > then, frankly, I'll be completely and utterly baffled, because
    > as far as I can tell, that is NOT what the law says.
    > Finally, though, I do wonder about one aspect of your situation.
    > It sounded, from your original posting, that you currently live
    > in the US, but your children do NOT live in the US (though one
    > of them is currently in the US, involved in a deportation pro-
    > ceeding). The law you appear to be trying to use requires that
    > "the child is residing outside of the United States in the legal
    > and physical custody of the citizen parent" [INA 322(a)(4); 8
    > USC 1433(a)(4)]. If you currently live in the US, I'm having a
    > bit of trouble understanding how your children can be in your
    > "legal and physical custody". Perhaps the people you spoke with
    > earlier were unable to understand how this part of the Child
    > Citizenship Act of 2000 could possibly apply in your situation,
    > given that you live in the US, and thus your children must either
    > also be living in the US or else not be physically in your custody.
    > Rich Wales [email protected] http://www.richw.org/dualcit/
    > *DISCLAIMER: I am not a lawyer, professional immigration consultant,
    > or consular officer. My comments are for discussion purposes only and
    > are not intended to be relied upon as legal or professional advice.
 
Old Dec 28th 2002, 4:29 am
  #8  
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Thread Starter
 
Joined: Nov 2002
Posts: 82
Fragger is an unknown quantity at this point
Default Re:

First off, thanks again Mr. rich to reply my post.

Sir, I strongly believe that I was pretty clear with the INS and an Attorney, when I asked this question. I quoted the law, as "Child Citizenship Act", and still they told be about the birth requirement.

I know this is unbelieveable! I'm as baffeled as you are.

As far as the deportation proceedure thing is concerned, the law requires my Son to have a legal entry in the country which could be gotten after his hearing. Other than that, where he lives outside the US, he is in my custody there.

Anyway, thanks for all your help sir. Although when I asked you to dig into this matter, I did not mean that you get involved in my case, I just wanted a general confirmation on what exactly are the requirements for this act. If still, you could communicate this in a general way to the INS, I would be deeply grateful to you. Thanks again, sir!

To Mr. Jesus:

Sir, I already have an attorney for my son, I just want a confirmation on what this thread is about. If you could confirm that under this act of CCA, I needed to be a US Citizen at the time of my child's birth or not, than I would be very grateful to you. Thank you for your time!
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Old Dec 28th 2002, 6:36 am
  #9  
Rich Wales
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Posts: n/a
Default Re: Child Citizenship Act, PLEASE HELP!!!

"Fragger" wrote:

> when I asked you to dig into this matter, I did not
> mean that you get involved in my case . . . . If
> still, you could communicate this in a general way
> to the INS, I would be deeply grateful to you.

I'm sorry, but with every possible respect, I must still refuse to
do anything that would even vaguely look like I was representing
you or acting as a personal go-between for you.

In any case, I don't have any special inside connections with the
INS that would enable me to get any more reliable answer from them
to this sort of question that you got. If you are concerned about
whether you are getting reliable information or are being treated
properly by the INS, my best advice to you would be to retain a
lawyer who is experienced and knowledgeable on citizenship matters.

Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old Dec 29th 2002, 2:57 am
  #10  
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Joined: Nov 2002
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Default Re:

OK, thanks for all your help sir!
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