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PDF Editor FAQ

Do children need to be in the USA if their parents are going to get US citizenship?

Anyone who petitions for immigration for a parent or other relative must be domiciled (living) in the US in order to include the mandatory affidavit of support in the document package. Without that, the petition will not be approved.

What do you think about Donald Trump's idea about shutting down permanent resident visas for overseas people who don't study or work in America?

I disagree.My best friend recently gained her green card after her husband gained citizenship and petitioned for her after living for two years in two different countries (and having to incur in the expense of travelling back and forth between Venezuela and the US). She is currently not working, since she is a stay-at-home mom that has two children under three years of age. Don’t worry: she is not a drain on our resources - her husband is a mechanical engineer and she is a very bright electrical engineer. He can provide quite well for her, and I am sure that as soon as her children are old enough for kindergarten she will resume her career in the US, earning quite a good salary and contributing to our tax coffers.When you request a green card for someone, the government requires an affidavit of support. That means, that you need to provide evidence that this new immigrant is not a drain on our resources. No affidavit - no green card. For ten years you are not eligible for any sort of welfare, which is reasonable. But creating such a blanket policy without any sort of nuance is simply stupid: people can get sick, give birth, lose jobs, create a start-up - and that does not mean that they are a hindrance on our resources.I find it interesting that despite Trump’s assurances that he was against illegal immigration, most of his policy proposals target legal immigrants that pay taxes, contribute to our society and have done the long and arduous process of getting a green card. But of course it’s not xenophobia, right?

How can I claim US citizenship as an adult, given that my biological father is a US citizen but is not listed on my United Kingdom birth certificate?

8 USC 1452 allows for a person over age 18 to claim derivative US citizenship from a US citizen parent.A person believing himself to be entitled to such citizenship “may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General* that the applicant is a citizen, and that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.*Proof of this can take many forms, but it must be definitive. I haven’t handled such a case myself, but I would think that sworn affidavits from both parents and others who knew of the relationship plus a DNA test might work.According to the INA, such a person should have been legitimated by the father before reaching age 18, but this USC citation seems to say that that isn’t absolutely necessary in a case like this.

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