Questions....

[jacob328]

Here's mine for a friend of the family.

He's a US Naturalized Citizen since 2003. He's married to a Mexican lady without "papers." She gave birth in 2002 in their son in Mexico. My friend brought his son home to the US with him a couple of years ago and never filed any paperwork to establish citizenship. Child entered with his dad and no paperwork was requested.

They were married before he was conceived.

I've looked at USCIS and believe an N-600 is the form. Does he have to complete an I130 first? And where should he file? Will this be a problem for the child (return to Mexico?)

[jacob328]

just bringing the issue back to the top of the "new posts" Can anyone assist in this one?

[dgman]

you may want to do some research on this one. it doesnt sound right for a i601. i was doing a little reading year or two ago when i started on the process for my wife and stepson. i ran into a woman who i knew and found she was married. she also said the she was havvinng immigration problems bringing her husband here. she also mentioned that her mother in law was born in the united states. (citizen) she then went back to the other country at age 18 and made a life there. i started reading and found that as long as one parent was a us citizen the this girls husband (same as the child) is also a us citizen. there was proof to be shown. i cant remember exactly what was needed. basically i passed the info to my friend and forgot about it. i dont know if they ever followed up on the info. but she may be in another country as an american citizen who is married to an american citizen that doest know it. maybe to lazy to check.

do some searching on the difinition of an american citizen and follow some more clues for searches. thats what i did. i dont know if i was right or wrong. he may have given up his us citizenship. but a baby cant. infant dont speak ver good english/spanish/chinese/french. i think they do speak pretty good gibberish and blow bubbles. but do a little searching it cant hurt.
maybe im way off base but there was something about only one parent being a citizen.



I Just did a quick search. i found this

http://www.jag.navy.mil/documents/Immigration.html

Am I a U.S. Citizen?
U.S. citizenship is conferred through the location of person’s birth, or through their parents citizenship status. If you were born in the United States, its territorial seas or Puerto Rico, Guam or the U.S. Virgin Islands, you are a U.S. citizen and your birth certificate is your proof of citizenship.

For persons born outside of those areas, your citizenship is conveyed at birth through your parents. Generally, although born abroad, you will be an U.S. citizen if:

Both parents are U.S. citizens at the time of your birth; and at least one of your parents lived in the United States at some point in their life.
One of your parents was a U.S. citizen when you born; that parent lived at least five (5) years in the United States before you were born; and at least two (2) of those years were after your citizen parent’s 14th birthday.

In both of these situations, your record of birth abroad, if registered with a U.S. consulate or embassy will be your proof of citizenship. U.S. military hospitals abroad report the births of service member’s children to the U.S. consulate or embassy serving that country. The U.S. State Department maintains copies of these birth records. Information about obtaining a copy of your overseas birth record is available here.
Those persons born abroad who do not obtain citizenship at birth may still be U.S. citizens based upon their parents’ subsequent naturalization or upon their adoption by a U.S. citizen. Generally, if not a citizen at birth, you will automatically become a citizen if natural parent(s):

Both parents become naturalized; AND
You were under 18 when they naturalized; you were not married; and you became a lawful permanent resident before your18th birthday.
One parent becomes naturalized; AND
That parent was the only surviving parent OR that parent had legal custody AND
You were under 18 when they naturalized; you were not married; and you became a lawful permanent resident before your18th birthday.

Effective February 27, 2001 - One parent becomes naturalized; AND You were under 18 on February 27, 2001 AND at the time the first of your parents naturalized; you were not married; and you became a lawful permanent resident before your 18th birthday.

In the situations above you may obtain a passport as evidence of citizenship. You may also file an Application for Certificate of Citizenship (N-600) with the INS to obtain proof of citizenship.
Adopted children also become U.S. citizens under the Immigration and Naturalization Act. In order to obtain U.S. citizen status from your adopted parents the following requirements must be met:

Both adopted parents are citizens or become citizens AND
You were adopted before the age of 16; are in the United States as a lawful permanent resident; are in the custody of your adopted parents; and, if applicable, under the age of 18 when your parent(s) become naturalized.
Effective February 27, 2001 - One adopted parent is a U.S. Citizen AND You were adopted before the age of 16; are in the United States as a lawful permanent resident; are in the custody of the citizen adopted parent; and if that parent is naturalized, you were under the age of 18 on February 27, 2001 and at the time the first of your parents became naturalized.

In the situations above, as an adopted child you may obtain a passport as evidence of citizenship. You may also file an Application for Certificate of Citizenship in Behalf of an Adopted Child (N-643) with the INS to obtain proof of citizenship.

[Rosa]

I asked an immigration attorney this same question. He told me that the child is already a U.S. citizen, but just doesn't have the documentation to prove it. He didn't say anything about filing the I-130. He said just to file the N-600.