What do i need to do and when can i do it. I am a citizen and I have a 15 year old permanent resident son. How do I go about getting proof of citizenship under the new citizenship law for children. What needs to be presented and to whom

Dear Oscar:

Your child is automatically a US citizen pursuant to the new law. However, in order to obtain a certificate of citizenship, he will have to file the appropriate application form with INS. As of yet, INS has not promulgated the form or issued any instructions on how to go about applying for the certificate.

Since the law is effective as of today, the rules should be published very shortly. Keep checking back with our site, as we will publish all of the information as soon as it becomes available. Good luck.

MY NAME IS LUPE
I AM A U.S. CITIZEN AND HAVE A CHILD THAT IS 13 YEARS OLD BUT HE DOES NOT HAVE A GREENCARD, WITH THE NEW LAW IS HE AUTOMATICALLY A CITIZEN OR DO I HAVE TO FILE AN I-130 AND WAIT UNTIL HE BACOMES A PERMANENT RESIDENT.

Dear Lupe:

The answer to your question depends on the current immigration status of your child, as well as whether you meet certain physical presence requirements.

If you will go to our Home page under Breaking News, and scroll down to Child Citizenship Act of 2000--Complete Text, you can read the specific provisions of the Act. The section that applies to you is Section 102. If you and your child meet the requirements, then you can apply for his naturalization. If not, then you will have to file an I-130 petition to make him a resident. Good luck.

I know it's been very recent about the new child citizenship act and i don't clearly understand how i am going to go about obtaining citizenship for my 16 yr. old son who lives in mexico. I am a U.S. citizen. How do i get him over here. I've read that he is to come and complete his citizenship in the u.s. but what does he use to come in. Will there be some kind of special visa or what? Also, how long will can it take for him to actually obtain a certificate. Will he still be grant one if the INS calls us after he has reached his 18th b-day. thank you.

Dear Mr. Fellman:

Please go to our Immigration News page under News Flash and scroll down to: How to Get a Certificate of Citizenship for Your Child (02/27/01), to find the latest information from INS on the Child Citizenship Act of 2000.

INS has not yet worked out the procedures for how the process will be handled. Therefore, we predict that it will take a fairly lengthy period of time before his application will be finalized.

While the new law is not 100% clear on this point, it does appear that the process will have to be completed before your child's 18th birthday.

As we know more information, it will be immediately posted to our web site. Good luck.

The new CCA does not seem to be clear as to the acquisition of citizenship for persons who satisfy the new requirements, yet are over 18 as of February 27, 2001. If they satisfy the new requirements that are in effect on February 27, 2001, wouldn't such person be a citizen by operation of law on such date even if he or she is over 18 at the time the law is in effect?

Although INS's position is that any person over 18 on February 27, 2001 cannot claim citizenship through the CCA, is the law clear about this?

Dear Mr. Fellman:

We agree that some provisions of the law are not clear and, as such, we must wait for the INS regulations before knowing for sure.

In our opinion however, we believe that if your child applies for citizenship under section 102 of the new law, the procedures must be completed prior to the child's 18th birthday. If on the other hand, he qualifies under section 101, then he is already a citizen, so the certificate can be issued after his 18th birthday.

In your case, since your child is not a permanent resident of the US, and is not currently in the US, you have two options. 1) File for his permanent residence and then qualify under section 101, or 2) bring him legally to the US and file under section 102. We understand that INS is in discussions with the State Department on how to handle the latter type of application.

According to the INS web site, you can call the National Customer Service Center at 1-800-375-5283 for more details. Good luck.

If the child qualifies for citizenship under section 101 of the CCA but is over 18 on February 27, 2001, wouldn't he still be able to calim citizenship, since he has satisfied the conditions that are now in effect?

INS seems to take the position that the child must have been under 18 on the effective date. Is the law clear about this?

Dear Anonymous:

Section 103 of the Act states that the effective date is 120 days after enactment, or February 27, 2001. As such, it appears that the child would have to be under the age of 18 on that date.

Since INS has not yet come out with regulations on this matter, things could change. But it would appear that the above interpretation is what INS will follow. We will let you know as more information becomes available. Best wishes.

Please clarify. It seems that if the child satisfies the conditions of CCA 101, he can get his citizenship certificate after 18. But if the child is over 18 on February 27, 2001, is he not able to claim citizenship even though he satisfied all conditions prior to February 27, 2001? Does the law state that the child must have been under 18 on the effective date, or is it that on the effective date, any person who satisfied the conditions, can then claim citizenship under this new law? How might the State Department interpret this?

Dear Anonymous:

You are asking good questions, but since neither the INS nor State Departments have issued any instructions on how to process these cases, we can't give you a definitive answer.

From the preliminary information that we have, it appears that INS and State will take the position that the person must have met the qualifications when the law became effective. This means that the person must have been under the age of 18 on February 27, 2001.

We can certainly see some good arguments to be made the other way, and possibly some alien interest groups such as AILA can convince INS and State to take the interpretation that is most favorable to the alien. Of course, any final regulation can also be challenged in court. We will just have to wait and see.

Naturally, as soon as we have any further information on this matter, we will post it to our web site. Best wishes.

I am a Us citizen, I have a 14 years old son and two daughters one is 13 and the second is 10.They were all born outside the US { in kuwait ] and the y never been in states.According to the new law,how can they get the citizenship? [ As far as I understood I don't have to apply for a green card for them neither I have to fill the forms 130 , 230 or 213A ]

Dear Khalil:

It is possible that you can apply for their naturalization if you meet the necessary qualifications. You should read the information that is required for them to qualify by going to our Home page and clicking on the applicable links under Breaking News.

You may also wish to communicate with the US consul in Kuwait for information on how they will be processing these types of applications. Good luck.

Dear Sir
Regarding to my question , I'd like to have an answer for the following;
Do my children have to come to the states in order to apply for citizenship or can I apply for them by using N-600 form from Kuwait? If it is possible to apply while they are in kuwait,what papers should I submit and to where? Thanks

Dear Khalil:

Your children do not have to come to the US to start the process. You will file form N-600.

For more information on how and where to file, see the following link on our Home page under Breaking News. How to Get a Certificate of Citizenship for Your Child (02/27/01). Good luck.

I am a permanent resident. My husband is a citizen. As a stepfather he petitioned for my children. They are all under age 18. Does their citizen stepfather have to adopt them to meet the legal and physical custody clause of the criteria. Or do I have to become a citizen for them to qualify.

Dear Maria:

We assume from your question that you are inquiring about obtaining permanent residence (green cards) for your children.

A step-father may petition for a step-child as long as the marriage to the mother took place prior to the child's 18th birthday. There is no requirement of adoption, or any legal or physical custody requirement. Good luck.

My apologies, i did not ask the question I want to ask. My children are already permanent residents - are they eligible for citizenship throught their citizen stepfather. They otherwise meet the citizenship criteria. Does he have to adopt them to meet the legal and physical custody criteria for them to become citizens or do i their mother have to become a citizen.

I have now been waiting on my N-400 application (interview )for more than 15 months (Houston). My finger prints were taken more than 3 months ago and I have not heard anything back. What actions ( if there are any ) should I take at this point. Should I check with my local INS office? Should I seek attorney's advice? or just wait for the best. You might have some idea on why its taking so long..

Thanks in advance.

-Austin.

Dear Maria:

Assuming that the children and their step-father meet the eligibility requirements of the Child Citizenship Act of 2000, the children would be considered citizens. There is no requirement that the step-father adopt them.

You can view a copy of the Child Citizenship Act of 2000 by clicking the appropriate link on our Home page. Good luck.

Dear Sir
I'm married to an American citizen and I've a green card.We are the legal guards of my nephew who has a green card and is living now permanently in the states. My nephew is under the age of 18 years.Does the new rules for aquiring citizenship apply to my nephew? Thanks

Dear Sir
I'm an american citizen. I have a 14 years child who was born and is living outside and has never been to the states.I've started processing papers for getting him a green card.As I understand, If I continue this process successfully he can get the citizenship as soon as he comes in to the states.Another choice according to the new rules, will be to fill the form N-600 for him and then get him a viza to come to the states and then he can aquire the citizenship. My questions are:
1-Can I fill the form N-600 and sign it in an embassy and then send it by mail to the states? Or does this has to done inside the states?
2-Are there any other papers required beside the N-600, birth certiicate , photos and marriage certificate? Do I have to prove that my income exeeds the 125% poverty line for my family?
3- The N-600 form mainly requires dates of entry to states, as I've mentioned my son has never been to states.Do I have to write a separate paper explaining his case?
4- If I continue processing his green card process, can it be refused or do they have to accept any how?
Sorry for taking your time , appreciate.

Dear Austin:

Naturalization in Houston is taking approximately 2 years. Since your fingerprints were only taken about 3 months ago, we would suggest waiting for a while longer.

If you don't hear anything in the next 3 months, we would suggest that you contact the INS office that last communicated with you. Good luck.

Dear Pari:

The Child Citizenship Act of 2000 applies only to children of US citizens. Since you are only the guardian of your nephew, he does not qualify. Good luck.

Dear Zanati:

You can fill in the form at the embassy and mail it to the INS office in the United States.

The documents you will need are the following: Photographs of your child,
Fee,
Your child’s birth certificate,
Your birth certificate or naturalization certificate,
Your marriage certificate (if applicable),
Evidence of termination of previous marriages (if applicable),
Evidence of a full and final adoption (if applicable),
Evidence of all legal name changes (if applicable), and
Form N-600/N643 Supplement A (if applicable).

The poverty guidelines do not apply in this type of case. If your son has never been in the US, indicate this on the application.

You can continue to process your son's application for permanent residence even though you are also filing for his citizenship. Good luck.

Dear Sir
Thank you for the reply.My last question was that in applynig for the green card we have to show that the income exceeds the 125% of poverty line or the embassy shouldn't take this into consideration on the basis that the naturalizatiion process can be done in the other way where this condition is not required?
Another one question, If I statr processing the papers through the N-600 form, any idea how long it will take? Do the children have to come to the states before finalizing their citizenship?
Thanks

Dear Zanati:

Since the child is applying for US citizenship, the income requirements do not apply.

We don't know how long the N-600 process will take since this is a new procedure that has not yet been fully implemented. Perhaps the US consul in your country can give a better idea of the expected time frames.

Under the new law, the child will have to come to the US to complete the process. Good luck.

Dear Sir, Since it is not all clear about how to bring my minor children from Mexico and obtain their U.S. citizenship here, do you recommend I still file form N-600 with supplement A considering it might take some time to be called in for his certificate although the INS has not issued the regulation on how they will come in?
Also, if I should file N-600, I haven't been able to find the Supplement A talked about? Thanx.

Dear Albert:

Yes, you should file form N-600. You do not need Supplement A unless the children are acquiring citizenship through a grandparent. Good luck.

Dear Sir
I am now processing the perminant residence papres for my child at the embassy and He has an interview at the end of this month. Can this application be refused in the interview according to the income [ form 864 ] or do they have to accept his papers for immigration as my son can aquire the citizenship without having to go through the perminant residence way? I think the logic would be to make it easy for getting the green card to save the time of all.Thanks

Dear Zanati:

You ask a good question. While your point of view makes sense, our opinion would be that each application has its own requirements, and you must meet these requirements even if the person might be eligible in some other category that has different requirements.

Therefore, for your children to acquire permanent residence, you must meet the I-864 requirements. If, on the other hand, they qualify as citizens, and you file those applications, the I-864 is not required. Good luck.

Dear Sir

My beloved mother is a permanent resident of USA(Green Card holder) and She has already filed petition I-130 for all of her childrens(irrespective of ages) wherein I am also included.
I am a married adult and use to Travel USA in past several times. Currently I am feeling very bad due to abscence of mother with me in my native country even I can not carry my business welly due to the reason currently I am visiting
U S A again and have decided to stay with mother.

Can my mother file petition for my status adjustment under any prevailed US Immigration law

Your honourable professional openion is highly soliceted.

Thanks and regards

Dear Anonymous:

If your mother is only a lawful permanent resident of the US, and you are currently married, then any petition that she filed for you is automatically revoked because she can only file for an unmarried son or daughter. If she becomes a US citizen, she can file a new petition for you, (which would include your wife and children), but the waiting list in that category is more than 5 years long.

You will have to try to find some other way to obtain your permanent residence in the US. For the most common ways to obtain residence, you may wish to purchase our Immigration Manual. Then, after you have learned the various ways that you can qualify for residence, you should contact an immigration law attorney to see how he or she can assist you to obtain permanent status. Good luck.

Dear Immigration Help,
First I would like to thank you for this website, it is wonderful.
I am a U.S. citizen, living in Mexico. Two years ago I adopted two Mexican children. I want to apply for their citizenship under the Child Citizenship Act but I have been unable to get a competent answer from INS as to how they will lawfully enter the US to formalize the process. Must I go throught the I-130 ordeal just to accomplish this? Who can give me an answer, I have already called the INS helpline and they appeared to know less than I did on the matter.

Dear Anonymous:

Take the childrens' birth certificates, their adoption certificates, your marriage certificate if any, and your proof of US citizenship and go to the citizenship section of the US consulate in Mexico, and they will be able to provide you with all of the necessary information.

Before going, however, you should read all of the applicable links on our Immigration News page under Citizenship, to make sure that you and the children meet the minimum requirements as to your physical presence in the US, ages of the children, adoption requirements, etc. Good luck.

Please i wanna know about the new law for children. sorry im not too informate . my husband has social security, but my two daughters, who are under 18 , and i dont have social.
We wanna be citizens , we have been here 7 months.
What can i do? maybe just my daughters can be citizens or residents an we dont know please there is something i can do?

Dear Jacqueline:

In order for your children to obtain residence as your accompanying relatives, you or your husband will have to obtain permanent residence in some way. Then they can also obtain residence at the same time if they are still unmarried. Good luck.

I have previously been married, but have remarried and my husband is seeking his greencard. He does not know about the previous marriage. Do I have to reveal this information during the interview? What rights do I have for privacy? PLEASE HELP!!!

My children are awaiting a second affidavit of support to come to the US where they will be processed and given GCs. Do they have to wait to become citizens,or can we attempt to adjust them now while they are still in their home country, their stepfather is a USC. what do we do?

I guess no one can help me then considering how ling my message has been here. thanks anyway.

I am presently a greencard Holder, but mine and my wife's U.S citizenship is under process. I have two children, 17 and 15 yrs old. Will they automatically become a citizen according to the new law or do i have to file any other application for them seperately???

dear I.N.S. I`m a citizen my wife is a permanet resident from Mexico. My stepsons 14&10 are permanet resadent`s too .what form`s do we need for my son`s too get there citizenship. Thank You

My mom became a citizen in 1997 and I was 16 at the time. I know that I became a US citizen automatically, but how can I get proof of citizenship?

I have a few questons for you, hope you can help. My mom became a citizen when I was 16 and I am a green card holder and now I am 22. My question is, how can I get proof of citizenship? Also, my real dad lives in Mexico. Is that going to be a problem? My parents have been divorced since 1987 but when I went to get a US passport, I was told I needed my father's signature or show proof that my mom had full custody. She does, but the papers are in Spanish, and INS already has all my papers on file because of my green card. I am confused because I want to get proof of citizenship, and the form N-600 is asking for a bunch of papers that INS already has. Do I have to file them again? And can I just file N-600 and get proof of citizenship? How do I go about and tell on N-600 that I already filed these papers before? Or do you recommend going back to our laywer to do that? Oh, and one more thing, I still want to keep my Mexican citizenship. How do I go about claiming dual citizenship? Thanks.

I am a citizen married to a resident. How can I file for my husbands nephew in order for him to come live with us? His father abandoned him and his mother can no longer take care of him.

Hello my name is Jonathan Castillo. i have been here since 5th grade and now i am in the 9th. My dad is a permanent alien. I am not a alien nor a citizen. What is the best thing for me to do since i dont have anything like a social security and i need a drivers license. Well if any one who gets this letter, if you can answer my question please send me a e-mail.

What can both of my parents that have lived 15 years in the U.S. do of becoming a U.S resident?

Hello my name is Cesar. My grandmother recently became a citizen. She wants to help my mom become a resident, so I was wondering how long would that take. A lawyer told my mom that it would take about maybe 11 years because she is married, adn If she wasn't it would take from 6 months to a year for my mom to become a resident. What my mom basically wants to know is what is the fastes way for her to become a citizen? By her mom(my grandmother)who is a citizen or by my sister who is 17? If anyone can help me with this I would realy appriciate it. You could e-mail me at djtor4@aol.com I guess that's abou it, but I might be back with other question..thank you

after my mother obtained her american citizen ,she filed for her children those unmarried will have to wait for 5 years and those married will have to wait for 10 years.since i had married at that time i waited for the 10 years,is due, when i went went the to embassy with my family for the greencard i was told that the children in the family who are more than 21yrs will have wait for a particular period.for how long should my two sons wait till they get their greencard? and what should i do now to get my two sons join me in the states?

after my mother obtained her american citizen ,she filed for her children those unmarried will have to wait for 5 years and those married will have to wait for 10 years.since i had married at that time i waited for the 10 years,is due, when i went went the to embassy with my family for the greencard i was told that the children in the family who are more than 21yrs will have wait for a particular period.for how long should my two sons wait till they get their greencard? and what should i do now to get my two sons join me in the states? u can e-mail me thru cripple2000@hotmail.com

Hi, how are you? I am seventeen years of age and my stepfather, an American citizen, filed immigration papers for my mother and me about four months ago. Unfortunately, there was information missing from my mother's file and Immigration returned it. Due to the changing Immigration Fees, there has been a bit of confusion with my mother's file and Immigration has not accepted it yet. Nevertheless, Immigration did retain my file since everything in it was correct. I was wondering if I have to wait until my mother's file is processed for me to receive my Worker's Permit? I would truly appreciate it if you would be able to answer my question.
Sincerely,
Raquel

I am trying to locate my father's, Max G. Biberthaler, naturalization papers. He arrived in the US in September 1924. I am not sure when he obtain his naturalization papers. I am assuming it was between 1932 and 1934. At the time, he was a resident of Meriden, CT. Where or who would have his naturalization papers that I can obtain a copy.He passed away on October 1987. Was born in Starnberg Am See, Germany in May 23, 1900.After his death, we could not find his naturalization papers.

I am a citizen married to a resident. How can I file for my husbands nephew in order for him to come live with us?

hello my name is luis reyes, I got, sister and brother both of them are citizens, and my mother
is a legal resident, I´d would like to Know which
form should I to fill in order to get a legal resident, and which of my relatives should claim me,
thank for your help please answer me by E-mail