IR-2 for child under 18

Old Aug 27th 2021, 1:24 pm
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Default IR-2 for child under 18

I’m planning on starting the process for getting my child us citizenship. She currently lives in the UK with her mother, we were never married but lived together for some time. I’m a naturalized us citizen and have lived in the us for 11 years.

Before covid I would normally see my daughter every 6 months. The past couple of years she has visited the US for 5-6 weeks each summer, but visiting the UK wasn’t an option with the 10 day quarantine.

she’s planning on finishing high school in the UK. I know the IR-2 isn’t supposed to be used for a visit but if she comes out next summer for 6 weeks and gets automatic citizenship on entry then she’s free to come and go as much as she likes.

I know processing times have been longer since covid. I was wondering if next summer would be possible based on me filing in the next few weeks.

thanks in advance.
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Old Aug 27th 2021, 1:30 pm
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Default Re: IR-2 for child under 18

Is she definitely eligible for citizenship?
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Old Aug 27th 2021, 1:42 pm
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Default Re: IR-2 for child under 18

Yes, it is possible and yes, to the scenario of derivative US citizenship once she is a PR when entering the US with an approved IR-2.

Why have you not done this before now?
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Old Aug 27th 2021, 1:47 pm
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Default Re: IR-2 for child under 18

Where you a USC at the time of the childs birth?
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Old Aug 27th 2021, 1:49 pm
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Default Re: IR-2 for child under 18

Originally Posted by civilservant View Post
Where you a USC at the time of the childs birth?

I wasn’t. I entered the us on a k1 and became a citizen about 4 years ago.
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Old Aug 27th 2021, 1:51 pm
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Default Re: IR-2 for child under 18

Originally Posted by Rete View Post
Yes, it is possible and yes, to the scenario of derivative US citizenship once she is a PR when entering the US with an approved IR-2.

Why have you not done this before now?
Her mother only let her start visiting a few years ago. For a while she said she can’t move until over 18. After discussing green card at over 18 vs citizenship and under 18 she decided that she was ok with her getting it before 18.
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Old Aug 27th 2021, 2:18 pm
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Default Re: IR-2 for child under 18

Current timelines are nearer 18 months to 2 years so a long shot that it speeds up that much.
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Old Aug 27th 2021, 2:50 pm
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Default Re: IR-2 for child under 18

Originally Posted by Boiler View Post
Current timelines are nearer 18 months to 2 years so a long shot that it speeds up that much.
Filing for his daughter now that she is under 18, at the very least she will be protected from aging out.
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Old Aug 28th 2021, 4:38 pm
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Default Re: IR-2 for child under 18

Originally Posted by Boiler View Post
Current timelines are nearer 18 months to 2 years so a long shot that it speeds up that much.

thanks. 2 years won’t be a big deal. She probably wouldn’t live in the us full time before that anyway.

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Old Aug 28th 2021, 7:39 pm
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Default Re: IR-2 for child under 18

Originally Posted by Rete View Post
Filing for his daughter now that she is under 18, at the very least she will be protected from aging out.
As to automatic derivation of citizenship, I believe she will age out at 18. As to follow to join immigration the cutoff is age 21. I believe that CSPA applies, but I’m not sure.

I know this can be confusing and often becomes a whoopsie even for competent immigration attorneys.
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Old Aug 28th 2021, 10:46 pm
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Default Re: IR-2 for child under 18

How close is she to 18? She has to get the immigrant visa and enter the US with it before her 18th birthday for her to automatically become a US citizen under INA 320. If she doesn't enter until after she turns 18, although she still becomes a permanent resident, she would have to live in the US for 5 years and apply for naturalization for herself.

Also, it's possible it might be harder for her to visit the US on B2 or VWP if she has a pending or approved I-130.

Another thing I am wondering is whether the INA 322 naturalization process is applicable to her. This is only if she doesn't intend to reside in the US. It involves filing N-600K, and she has to enter the US as a visitor to attend the interview and oath before she turns 18. It might be possible to ask for it to be expedited if she is close to 18.
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Old Aug 28th 2021, 11:07 pm
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Default Re: IR-2 for child under 18

Originally Posted by S Folinsky View Post
As to automatic derivation of citizenship, I believe she will age out at 18. As to follow to join immigration the cutoff is age 21. I believe that CSPA applies, but I’m not sure.

I know this can be confusing and often becomes a whoopsie even for competent immigration attorneys.
I know about the aging out for naturalization based on Dad's naturalization. Was thinking it might take longer than 3 years for her to get her IR-2 and thus locking into the provision of not aging out is good and as long as she doesn't marry before she gets the visa.
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Old Aug 29th 2021, 12:59 pm
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Default Re: IR-2 for child under 18

Originally Posted by newacct View Post
How close is she to 18? She has to get the immigrant visa and enter the US with it before her 18th birthday for her to automatically become a US citizen under INA 320. If she doesn't enter until after she turns 18, although she still becomes a permanent resident, she would have to live in the US for 5 years and apply for naturalization for herself.

Also, it's possible it might be harder for her to visit the US on B2 or VWP if she has a pending or approved I-130.

Another thing I am wondering is whether the INA 322 naturalization process is applicable to her. This is only if she doesn't intend to reside in the US. It involves filing N-600K, and she has to enter the US as a visitor to attend the interview and oath before she turns 18. It might be possible to ask for it to be expedited if she is close to 18.
shes 14 and I’ll probably file in the next week or so.

I visited 4 or 5 times after I had filed for a k1 visa. I don’t think that will be a problem.

thanks for the response.
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