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PDF Editor FAQ

Which is easier: filing N-400 or I-130 for my 15-year-old biological daughter whose mother is neither my legal wife nor a US citizen?

It’s not a matter of which is “easier”. You have to fill out the correct form that applies in the circumstances, not the form which is easier.You cannot file Form N-400 for a minor; minors cannot be naturalized using Form N-400. Except for certain extraordinary situations, minors can only be naturalized in the United States by derivation. The primary pathway for the naturalization of a minor is under INA 320, 8 U.S. Code § 1431: a minor child is naturalized automatically when:(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.(2) The child is under the age of eighteen years.(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.At the first moment that all three of these conditions are true simultaneously, the child becomes, automatically by operation of law, a US citizen. A person who has become a US citizen by the operation of INA 320 may get documentary proof of this fact, in the form of a Certificate of Citizenship, by filing Form N-600 (Application for Certificate of Citizenship). A parent may file Form N-600 on behalf of their minor child. Do not file Form N-400 in this situation; if you file Form N-400 and USCIS determines that you are already a citizen due to INA 320 (or any other provision of law), your N-400 application will be denied, your N-400 fee will not be refunded, and you will have to file a separate N-600 application with separate fees to get your Certificate of Citizenship.However, to get condition (3) above true, you’ll first have to arrange for your child to “resid[e] in the United States … pursuant to a lawful admission for permanent residence”. For that to happen, you’ll have to file an I-130 petition to have your child immigrate as your immediate relative, have that petition granted, have your child issued an immigrant visa, and have your child arrive in the United States using that immigrant visa. If your child is in the US already, in some other status, you may instead skip the issuance of the visa and move directly to filing the N-600 once the I-130 petition has been granted.If you are a US citizen and meet certain residency requirements, or if either of your parents is a US citizen and meets certain residency requirements, your child may alternatively be granted citizenship under INA 322 (8 U.S. Code § 1433) without an I-130 petition. In this case, you would file Form N-600K instead of Form N-600, and your child will become a citizen at the first moment she is physically present in the United States in any legal status, provided all other conditions of INA 322 are met. Note that INA 322, like INA 320, also operates automatically as a matter of law, and so if its conditions have occurred at any time in the past (even if without intent to cause naturalization), your child has already acquired citizenship, and you need only file Form N-600K to obtain proof. (The requirement to swear the oath of allegiance in INA 322 is waived for children under 14.)Note also that if your child was born a US citizen, you cannot file an I-130 petition for them because citizens cannot immigrate to the United States. If your child was born a US citizen, but you did not obtain a CRBA (Form FS-260 or its predecessor, Form DS-1350) before she turns 18, she will need to file Form N-600 to have a Certificate of Citizenship issued for her in order for her to obtain proof of citizenship. Once she has her Certificate of Citizenship, she can then apply for a US passport. If she is not yet 18, you may still be able to file for a CRBA, which you should do at a consulate in the country where she was born (if at all possible).You might want to consult with an attorney. US naturalization and nationality law is complicated, and many people, especially in uncommon situations, are easily and understandably confused as to what their legal status is.

Why does Donald Trump want to raise costs to become a U.S. citizen by 83 percent?

Because Barry Obama dodged it when he raised rates on other Immigration services in 2016. Rates had not increased in six years, and the costs were outweighing the revenue. Rate increases were recommended in 2012 and 2014, but Barry kicked the can down the road. The costs could just no longer be absorbed.Among the rates that Obama did increase were: The fee for Form N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, will increase from $550 or 600 to $1,170. Over 83%. USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition FeesWhatever source you read probably neglected to report that, like the Obama increases, reduced fees will be available to people with limited incomes. So it’s not the big push against poor people the Left would have everyone believe, and Mr. Trump isn’t Scrooge or a racist. The recommendation was made by the career bureaucrats, you know, like the ones who think they should be running foreign policy at the State Department.

U.S. military & government employees serving overseas that have children born overseas will no longer be automatically considered citizens of the U.S. according to the Trump Administration. Is this how Trump treats our military & gov. employees?

The new policy is concerning the definition of “residence”As a result, it changes the process that parents of such children must follow to obtain a Certificate of Citizenship for their childrenThe full statement that was issue Aug 28 2019 was this:Statement Regarding a Policy Update Defining “Residence” in Statutory Provisions Related to CitizenshipToday, Acting USCIS Director Ken Cuccinelli issued the following statement regarding a policy update Defining “Residence” in Statutory Provisions Related to Citizenship.“This policy update does not affect who is born a U.S. citizen, period. This only affects children who were born outside the United States and were not U.S. citizens. This does NOT impact birthright citizenship. This policy update does not deny citizenship to the children of US government employees or members of the military born abroad. This policy aligns USCIS’ process with the Department of State’s procedure, that’s it.”Statement Regarding a Policy Update Defining “Residence” in Statutory Provisions Related to CitizenshipIt then goes father in-depth with these statements;IntroductionOur latest update to the USCIS Policy Manual defines “residence” as it relates to citizenship for children of certain U.S. government employees and members of the U.S. armed forces who are employed or stationed outside the United States, to conform with the definition of residence in the Immigration and Nationality Act (INA). This guidance rescinds previously established USCIS policy, which stated that certain children who were living outside the United States were considered “residing in” the United States.As a result, it changes the process that parents of such children must follow to obtain a Certificate of Citizenship for their children. Under the previous policy, parents of those children could file either Form N-600, Application for Certificate of Citizenship, or Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, on behalf of their children. As of Oct. 29, 2019, these parents must file Form N-600K to obtain U.S. citizenship for any child who did not acquire citizenship at birth or while residing in the United States. Therefore, we will apply current guidance to all applications filed before Oct. 29, 2019.USCIS Policy Manual UpdateThe requirements for those that were/are born outside the US remain the sameUnited States Citizens at Birth (INA 301 and 309)A. General Requirements for Acquisition of Citizenship at BirthA person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth, to include a person born to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.In general, a person born outside of the United States may acquire citizenship at birth if:• The person has at least one parent who is a U.S. citizen; and• The U.S. citizen parent meets certain residence or physical presence requirements in the United States or an outlying possession prior to the person’s birth in accordance with the pertinent provision.A person born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother acquires U.S. citizenship at birth under INA 301 or INA 309 if:• The person’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the person’s birth; and• The person meets all other applicable requirements under either INA 301 or INA 309Chapter 3 - United States Citizens at Birth (INA 301 and 309)On a personal note. I had a sister that was born oversea. It took my Dad a week to get all the paperwork in order, and was “walking” them thru

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