postie

Hello. A quick thank you to the people that have been helping us out. I've been looking at the visa pages as advised and it looks like it will be about 6 years to get to the USA on a family based visa! My sons will be 24 by then and too old to go with us. I'm soooooooooooo disappointed. Any other ideas? Still haven't heard any more about my birth certificate. The post here is terrible!! First our main sorting office was destroyed by an arson attack and then the postmen went on strike!! It could be a few days yet before the forms arrive. Will keep you posted. (no pun intended!)
So, some good ideas are required and I'll do anything legal!!

BrigieDarling

Awwww Postie.... I can't understand why it will take that long! (Bloody rediculous if you ask me)

Anyone know the answer to that?

whatever

Is it REALLY 6 years??!?!? I am so suprised to read that - I thought it would be around 2 years for some reason....
Well, the other option is through work - I think your husband mentioned that there may be an opportunity for your Dad/Uncle to employ him...? that may well be your quickest way in... to be perfectly honest, if I were in your position, I would consult a lawyer on this because it may be that he know's way's of working the system... maybe your son's could enter as students - or work for your uncle too (how many people could he afford to sponsor)or you never know, if you moved there on work visa's, your boys may meet the love's of their lives and next thing you know, they are filing for their own Fiance/Marriage visas!

Let us know what happens and seriously... consider that lawyer, even if it's just for an initial consultation so you know what ALL your options are.

postie

Thanks for that. You are right. My Uncle has a small haulage business and has offered my husband a job as chief mechanic/technician. Him and my Dad have offered to sponsor both my husband, me and my two sons. (Don't know how much it would be to sponsor us all) But most of the sites say that to get a work visa, you need to be offered a job that the community needs or that is a specialised job. My husband is excellent at his job and can work on any type of vehicle from small to HUGE but whether this is enough, we don't know.
Would we have to be in the USA to consult a lawyer?
Nice to hear from you again by the way. How's you and yours?

whatever

No you don't have to be in the US. Here's an old thread I found where someone was looking for a US immigration lawyer in the UK.

We were going to see Edward Guedeon at one point, but ended up getting through it ourselves. I have seen him recommended a few times but have no personal experience. They charge £300 for a consultation and will answer questions until your hearts are content. There are a couple of others named on this thread too.. may be worth looking at their web sites then giving them a call.

http://britishexpats.com/forum/showt...gration+lawyer

postie

Thanks! I'll try that thread. Got my form today in the post. Just got to send one to Dad to sign in front of a notary and hopefully in about a month I'll have his name on my birth certificate!!

Pulaski

I'm no expert on this, but surely once you get your citizenship you can pass it on to your sons. I believe that American citizenship works that way; or am I wrong?

whatever

Oh of course!!! Theres me thinking Posties wife would have to be sponsored and wait it out for a grencard but of course she will have birthrights and be a US citizen ane then the hubby and kids will have the same rights..... POSTIES WIFE I hope you're reading this!!! How Fab! Pulaski you are too clever

postie

So, let me get this straight. If I get my Dads name on my birth certificate, does that make me entitled to citizenship? I had the idea that I would have had to have been born in the USA for that and, as I was born in the UK, it wouldn't count.
I think I'm going to have to get in touch with an immigration solicitor. Does anyone have any recommendations for a good lawyer in the Northants area?

postie

Thanks Pulaski! I'm going to look into this one. It sounds plausable. I wonder if I need to reside in the USA for a certain amount of time before I could get citizenship. As I wasn't born there, there is bound to be something that I'll need to do to satisfy the powers that be!!

Pulaski

I am no immigration lawyer, but, so far as I understand the laws here if you are the son or daughter of a US cictzen you too are a US citizen. Period. There are a good number of half-Vietnamese here to prove that point, and I am pretty sure that you don't have to "claim" your citizenship within X years, or live in the US for Y years as it is your birthrigtht.

BTW it is is the same for the UK, the child of a British citizen is always a British citzen too. [b]However[/i] it only works for one generation outside the UK. For example: I was born British, in the UK, I now live in the US, and my children will be British citizens, [/i]however[/i] my grandchildren will not be British citizens (assuming that my children don't return to the UK to live).

postie

Thank you, Pulaski. You've given me a lot of hope. You're terrific!! I'll let you know how I get on. Do you think this will help with our immigration to the USA?

Patrick

If I am a U.S. citizen, is my child a U. S. citizen?

A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. citizen at birth.

A child who is:

born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child’s birth, or
born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child’s birth, or
adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:
The child was lawfully admitted for permanent residence*; and
Either parent was a United States citizen by birth or naturalization**; and
The child was still under 18 years of age; and
The child was not married; and
The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and
If adopted, the child met the requirements of section 101(b)(1)(E) or (F) and has had a full and final adoption; and
The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and
The child was residing in the United States in the physical custody of the U.S. citizen parent.
If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to USCIS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(b)(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child� (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)
*NOTE – Children who immigrate in the “IR-3� or “IR-4� categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

**NOTE – The “one U.S. citizen parent� rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).

BrigieDarling

Ain't he just!

postie

Hi everyone. Haven't been on here for ages. This is a quick update. We're still in England and have had NO luck with our immigration to the USA. The embassy turned down my wifes application for citizenship. Said that because she had had no contact with her father for 40 years, then there was no proof of a relationship. (Dad was moved back to USA before my wife was born and all contact with her mother was lost (they were not married, so wife was 'born out of wedlock)
Lawyer said that my job search wasn't much good because I'm only a mechanic (for 31 years!)
So, if anyone has any ideas, let me know!
Postie