ESTA permissible for naturlization?
Sep 17th 2012, 4:27 pm
#1
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ESTA permissible for naturlization?
My USC wife and (british citizen) son have been called for an interview for N600K naturlization for our son. I just applied and received an ESTA for myself and my son but am now wondering whether it is permissible for him to travel on an ESTA for this purpose. Can anyone tell me if an ESTA is ok, or will a visa be needed? We have no intention to remain and the flight is already booked to return on the night of the interview.
Last edited by casalottian; Sep 17th 2012 at 4:34 pm.
Sep 17th 2012, 6:37 pm
#2
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Re: ESTA permissible for naturlization?
Based on this, from the N600K form instructions, I think their is no problem using VWP/Esta for this purpose. I cannot think of a visa that would be more appropriate.
Purpose of Form :
For a child who regularly resides abroad to claim U.S. citizenship based on parentage.
This is just my opinion. First time I have heard of this situation.
Purpose of Form :
For a child who regularly resides abroad to claim U.S. citizenship based on parentage.
This is just my opinion. First time I have heard of this situation.
Sep 17th 2012, 6:48 pm
#3
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Re: ESTA permissible for naturlization?
9 FAM 41.31 N14.6 Issuance of B-2 Visa for
Expeditious Naturalization of a Child under INA 322
a. Naturalization is a permissible activity in B-2 status. You may issue a B-2
visa to an eligible foreign-born child to facilitate that child's expeditious
naturalization pursuant to INA 322. The child's intended naturalization,
however, does not exempt the child from the requirements of INA
214(b); the child must intend to return to a residence abroad after
naturalization. A child whose parents are residing abroad will generally
overcome the presumption of intended immigration, whereas a child
whose parents habitually reside in the United States will not.
Expeditious Naturalization of a Child under INA 322
a. Naturalization is a permissible activity in B-2 status. You may issue a B-2
visa to an eligible foreign-born child to facilitate that child's expeditious
naturalization pursuant to INA 322. The child's intended naturalization,
however, does not exempt the child from the requirements of INA
214(b); the child must intend to return to a residence abroad after
naturalization. A child whose parents are residing abroad will generally
overcome the presumption of intended immigration, whereas a child
whose parents habitually reside in the United States will not.
The permitted use of an ESTA is (I believe) tourism or business. I'm not sure whether either of those purposes fits a naturlization interview.
Thanks for your reply.
Last edited by casalottian; Sep 17th 2012 at 6:50 pm.
Sep 17th 2012, 7:17 pm
#4
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Re: ESTA permissible for naturlization?
Well, according to this: http://www.state.gov/documents/organization/87206.pdf
So it would seem a B-2 is permissible. My query was really whether it was also necessary.
The permitted use of an ESTA is (I believe) tourism or business. I'm not sure whether either of those purposes fits a naturlization interview.
Thanks for your reply.
So it would seem a B-2 is permissible. My query was really whether it was also necessary.
The permitted use of an ESTA is (I believe) tourism or business. I'm not sure whether either of those purposes fits a naturlization interview.
Thanks for your reply.
Incidentally, if you end up with a dual citizenship child, it is worth considering dual citizenship for yourself and the other parent, if it is in the realms of possibility - for future visitation etc.
Sep 17th 2012, 7:25 pm
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Re: ESTA permissible for naturlization?
Sep 17th 2012, 7:40 pm
#6
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Re: ESTA permissible for naturlization?
My wife already has dual citizenship: American/Italian. My son would be British/American, and I guess he could have italian too if there was any point. I'm British and don't really qualify for anything else. I'll be the one stuck in the foreigners queue at CBP while those two swan in through the US citizen line
Still married to the US wife? Want to live in USA?
You have possibilities...
Sep 17th 2012, 7:43 pm
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Re: ESTA permissible for naturlization?
Sep 17th 2012, 8:41 pm
#8
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Re: ESTA permissible for naturlization?
Good. Well it is still possible for you to achieve US citizenship if your wife sponsors you and you live in the US a few years.
Somebody else can chime in as to why that would be worthwhile, as I don't have kids.
Somebody else can chime in as to why that would be worthwhile, as I don't have kids.
Sep 24th 2012, 9:22 am
#9
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Re: ESTA permissible for naturlization?
Both are visitor visas. Doubt if there is another suitable visa. How long did the n-600k take?
Sep 24th 2012, 12:23 pm
#10
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Re: ESTA permissible for naturlization?
The ESTA/VWP should work for the N600K. The biggest risk is that the border guard isn't aware that a B2/WT is appropriate for someone who seeks to enter the US temporarily for the purpose of naturalization. It's a relatively obscure provision.
I'd be prepared to provide the information just in case.
http://www.state.gov/documents/organization/87206.pdf
9 FAM 41.31 N14.6 Issuance of B-2 Visa for Expeditious Naturalization of a Child under INA 322
(CT:VISA-940; 03-24-2008)
a. Naturalization is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child's intended naturalization, however, does not exempt the child from the requirements of INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, whereas a child whose parents habitually reside in the United States will not.
I'd be prepared to provide the information just in case.
http://www.state.gov/documents/organization/87206.pdf
9 FAM 41.31 N14.6 Issuance of B-2 Visa for Expeditious Naturalization of a Child under INA 322
(CT:VISA-940; 03-24-2008)
a. Naturalization is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child's intended naturalization, however, does not exempt the child from the requirements of INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, whereas a child whose parents habitually reside in the United States will not.
Sep 24th 2012, 12:50 pm
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Re: ESTA permissible for naturlization?
So now that Junior is a US citizen, he has to leave!!
Sep 24th 2012, 10:06 pm
#12
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Re: ESTA permissible for naturlization?
It's just that the ESTA says for business or tourism, whereas the B-2 seems to apply for visiting in general (not that I really know that).
It took about 9 months for the NYC office. Though we weren't in any particular rush.
How long did the n-600k take?
Sep 24th 2012, 10:09 pm
#13
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Re: ESTA permissible for naturlization?
It would be a bit of an anomaly if there were no way of entering the US for the purpose of the naturalization for N-600K! However, if the CBP isn't aware of the exemption, then showing them the B-2 wording is pretty likely to lead them to ask where the B-2 is I would think.
Sep 24th 2012, 11:04 pm
#14
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Re: ESTA permissible for naturlization?
That isn't a problem, as that's the idea anyway. We only have until age 18 to apply for citizenship and after that the opportunity is lost and didn't want to take it away from him.
There is a slight complication there I believe. A US citizen must enter and exit the US using a US passport but he won't have one by the time of our flight back which is on the evening of the interview. Hopefully that won't be too much of a problem in this case
There is a slight complication there I believe. A US citizen must enter and exit the US using a US passport but he won't have one by the time of our flight back which is on the evening of the interview. Hopefully that won't be too much of a problem in this case
Sep 25th 2012, 2:26 am
#15
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Re: ESTA permissible for naturlization?
General question: what difference is there between B-2 and WT status, apart from the fact that someone using the VWP would be much easier to remove?
There is a slight complication there I believe. A US citizen must enter and exit the US using a US passport but he won't have one by the time of our flight back which is on the evening of the interview.
Last edited by zerlesen; Sep 25th 2012 at 2:28 am.
