Clarification needed.
Dec 23rd 2001, 1:17 pm
#1
Guest
Posts: n/a
BlankCan anyone clarify the following ....
1. Children born in the USA to non-US citizen parents have right to US citizenship.
But they can technically only make this choice at 18, correct? That is, parents
can get a US passport for the child but cannot themselves elect to apply for
residency/citizenship based on the childs citizenship status - well, not until the
child reaches the age of 18 and choose the US citizenship and subsequently
sponsors the parents, right ?
Generally parents will not opt to travel in such a way that the child will travel on
US passport and they on whatever passport they happen to hold. Anyone here does
otherwise?
2. Family sponsorship: what's the furthest relation to which this extends to?
a) Husband/Wife
b) Parent/Child
c) Brother/Sister
d) Uncle/Aunt/Nephew/Nice
e) Cousin ? Seems
Thanx.
-m
1. Children born in the USA to non-US citizen parents have right to US citizenship.
But they can technically only make this choice at 18, correct? That is, parents
can get a US passport for the child but cannot themselves elect to apply for
residency/citizenship based on the childs citizenship status - well, not until the
child reaches the age of 18 and choose the US citizenship and subsequently
sponsors the parents, right ?
Generally parents will not opt to travel in such a way that the child will travel on
US passport and they on whatever passport they happen to hold. Anyone here does
otherwise?
2. Family sponsorship: what's the furthest relation to which this extends to?
a) Husband/Wife
b) Parent/Child
c) Brother/Sister
d) Uncle/Aunt/Nephew/Nice
e) Cousin ? Seems
Thanx.
-m
Dec 24th 2001, 12:42 am
#2
Guest
Posts: n/a
Not quite.
A child born in the US is a US citizen. There is no choice to be made. He is now and
ever more shall be a US citizen unless he choses to renounce his US citizenship. This
is totally independent of any other citizenship he may hold by parentage, or by
acquisition. Neither he nor his parents can renounce his US citizenship. After age 18
(? Maybe 21), he is permitted to renounce his US citizenship if he so choses. His
parents have no say in this matter.
To travel into the USA, he must use a US passport - to do otherwise will get you
fined (while he is a minor). To travel anywhere else, he can use any passport he is
entitled to hold.
In all dealings with the USA, your child is an American citizen, no matter what other
citizenships he may hold.
After age 21, he can sponsor his immediate family for permanent residence if he
choses to. Note that the application is from the US citizen child not from the
parents. The wait from sponsorship to getting the card is several years. So if you
have a child today in the US, you cannot get a green card for at least 23 years by
todays waits! Totally impractical.
Stuart
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A child born in the US is a US citizen. There is no choice to be made. He is now and
ever more shall be a US citizen unless he choses to renounce his US citizenship. This
is totally independent of any other citizenship he may hold by parentage, or by
acquisition. Neither he nor his parents can renounce his US citizenship. After age 18
(? Maybe 21), he is permitted to renounce his US citizenship if he so choses. His
parents have no say in this matter.
To travel into the USA, he must use a US passport - to do otherwise will get you
fined (while he is a minor). To travel anywhere else, he can use any passport he is
entitled to hold.
In all dealings with the USA, your child is an American citizen, no matter what other
citizenships he may hold.
After age 21, he can sponsor his immediate family for permanent residence if he
choses to. Note that the application is from the US citizen child not from the
parents. The wait from sponsorship to getting the card is several years. So if you
have a child today in the US, you cannot get a green card for at least 23 years by
todays waits! Totally impractical.
Stuart
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Dec 24th 2001, 4:26 am
#3
Guest
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So the choice has to do with having to "renounce" it not "choose" US Citizenship. A
lot of other countries have similar laws: that you cannot, must not, use your *other*
citizenships in countries where you are a citizen. It may get you fined or worse ...
This coincidence (child being born in the US) therefore, puts the parents presumably
at a very strange cross roads and the child as well: (a) child cannot benefit from
up-bringing in the US unless parents can somehow stay in the US. (b) child cannot
enjoy the benefits of US Citizenship until the age of 18/21 (maturity let's say).
Is there anyway for the parents to adjust their status for the long benefit of
the child ?
I can totally see this as a loop hole from a hunk of swiss cheeze.
-m
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So the choice has to do with having to "renounce" it not "choose" US Citizenship. A
lot of other countries have similar laws: that you cannot, must not, use your *other*
citizenships in countries where you are a citizen. It may get you fined or worse ...
This coincidence (child being born in the US) therefore, puts the parents presumably
at a very strange cross roads and the child as well: (a) child cannot benefit from
up-bringing in the US unless parents can somehow stay in the US. (b) child cannot
enjoy the benefits of US Citizenship until the age of 18/21 (maturity let's say).
Is there anyway for the parents to adjust their status for the long benefit of
the child ?
I can totally see this as a loop hole from a hunk of swiss cheeze.
-m
Dec 24th 2001, 5:50 am
#4
Guest
Posts: n/a
No, it is a rather impossible task. Well being of the child is not a good enough
reason - millions tried this route before without any success, you are not the first
one nor the last one trying to "invent" it...
am
[usenetquote2]> > Not quite.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > A child born in the US is a US citizen. There is no choice to be made.[/usenetquote2]
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[usenetquote2]> > is now and ever more shall be a US citizen unless he choses to renounce[/usenetquote2]
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[usenetquote2]> > US citizenship. This is totally independent of any other citizenship he may hold[/usenetquote2]
[usenetquote2]> > by parentage, or by acquisition. Neither he nor his parents can renounce his US[/usenetquote2]
[usenetquote2]> > citizenship. After age 18 (? Maybe 21), he is permitted[/usenetquote2]
>
[usenetquote2]> > renounce his US citizenship if he so choses. His parents have no say in this[/usenetquote2]
[usenetquote2]> > matter.[/usenetquote2]
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reason - millions tried this route before without any success, you are not the first
one nor the last one trying to "invent" it...
am
[usenetquote2]> > Not quite.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > A child born in the US is a US citizen. There is no choice to be made.[/usenetquote2]
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[usenetquote2]> > is now and ever more shall be a US citizen unless he choses to renounce[/usenetquote2]
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[usenetquote2]> > US citizenship. This is totally independent of any other citizenship he may hold[/usenetquote2]
[usenetquote2]> > by parentage, or by acquisition. Neither he nor his parents can renounce his US[/usenetquote2]
[usenetquote2]> > citizenship. After age 18 (? Maybe 21), he is permitted[/usenetquote2]
>
[usenetquote2]> > renounce his US citizenship if he so choses. His parents have no say in this[/usenetquote2]
[usenetquote2]> > matter.[/usenetquote2]
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Dec 24th 2001, 6:38 am
#5
Guest
Posts: n/a
[usenetquote2]>> Not quite.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> A child born in the US is a US citizen. There is no choice to be made. He is now[/usenetquote2]
[usenetquote2]>> and ever more shall be a US citizen unless he choses to renounce his US[/usenetquote2]
[usenetquote2]>> citizenship. This is totally independent of any other citizenship he may hold by[/usenetquote2]
[usenetquote2]>> parentage, or by acquisition. Neither he nor his parents can renounce his US[/usenetquote2]
[usenetquote2]>> citizenship. After age 18 (? Maybe 21), he is permitted to renounce his US[/usenetquote2]
[usenetquote2]>> citizenship if he so choses. His parents have no say in this matter.[/usenetquote2]
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The child *can* enjoy the benefits of US citizenship at any time, if the parents can
create a situation where the child can benefit ... for example, through a
guardianship arrangement with close American friends or relatives, or where the
parents can stay in the US on a Non-immigrant visa, or they can obtain a green card
by other means such as through employment.
No swiss cheese about it ... the law is very simple and straight forward. The only
way for the parents to get US PR and later citizenship is through the normal course
of obtaining green cards, which may include employment, or the lottery, or
sponsorship by the child later.
The only way the parents can stay otherwise is through the refugee process, or
illegally (not to be recommended!)
Stuart
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> A child born in the US is a US citizen. There is no choice to be made. He is now[/usenetquote2]
[usenetquote2]>> and ever more shall be a US citizen unless he choses to renounce his US[/usenetquote2]
[usenetquote2]>> citizenship. This is totally independent of any other citizenship he may hold by[/usenetquote2]
[usenetquote2]>> parentage, or by acquisition. Neither he nor his parents can renounce his US[/usenetquote2]
[usenetquote2]>> citizenship. After age 18 (? Maybe 21), he is permitted to renounce his US[/usenetquote2]
[usenetquote2]>> citizenship if he so choses. His parents have no say in this matter.[/usenetquote2]
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The child *can* enjoy the benefits of US citizenship at any time, if the parents can
create a situation where the child can benefit ... for example, through a
guardianship arrangement with close American friends or relatives, or where the
parents can stay in the US on a Non-immigrant visa, or they can obtain a green card
by other means such as through employment.
No swiss cheese about it ... the law is very simple and straight forward. The only
way for the parents to get US PR and later citizenship is through the normal course
of obtaining green cards, which may include employment, or the lottery, or
sponsorship by the child later.
The only way the parents can stay otherwise is through the refugee process, or
illegally (not to be recommended!)
Stuart
Dec 24th 2001, 6:51 am
#6
Guest
Posts: n/a
Stuart <[email protected]>
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Not entirely true. There are certain exceptions. One off of the top of my head is
that if the child is born to a diplomat on assignment to the US, the child will NOT
be a US Citizen.
http://www.ins.gov/graphics/services/natz/faq.htm#q2
There might be other conditions where the child born on US soil is NOT a citizen but
I can't recall another one...
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Not entirely true. There are certain exceptions. One off of the top of my head is
that if the child is born to a diplomat on assignment to the US, the child will NOT
be a US Citizen.
http://www.ins.gov/graphics/services/natz/faq.htm#q2
There might be other conditions where the child born on US soil is NOT a citizen but
I can't recall another one...
