I became a naturalized US citizen in March 2016. Before then I had been a permanent resident for more than 10 years and lived in the US continuously. After becoming a US citizen I started living 7 months outside the US and 5 months in the US. Outside the US, I live with my wife and son who are neither citizens nor permanent residents. My son was born outside the US in December 2015, only 3 months before I was naturalized. I understand he cannot acquire citizenship through me because I was not a citizen when he was born. But I think he can derive citizenship through me since I am a citizen now, he is less than 18 years old, not married, lives with me outside the US, and I had been physically present in the US for more than 5 years in the past. What I want to know is: do I need to petition to get a green card for him so he can come to the US lawfully, then I apply for his certificate of citizenship? If he is given permanent residency, does he automatically become a US citizen when he is admitted into the US with his green card? Or does he have to live in the US and wait for 5 years to apply for citizenship? What do I need to do to get him a US citizenship? Thank you very much.
You would benefit from a consultation with an immigration attorney to evaluate your situation and your son’s eligibility for different types of immigration benefits. If you intend for your son to continue to live outside the US, for example, he may be eligible for citizenship by filing the N-400K. If you intend for him to live in the US with you, then you would likely need to file an I-130 and have him consular process and depending on his age, when he was admitted to the country to live in your custody he would automatically gain citizenship. But there may be other avenues, it depends on what you want to do, when and the age of your son. A full consultation is necessary to work through all the possibilities.
You need an immigration attorney ASAP. Consultation would reveal different forms of reliefs that your son would qualify for. Time is of the essence here. Right now your son is regarded as a child by USCIS. Your son would age out soon and would become an adult son making any relief that could be obtained on his behalf take longer to acquire. You need to act fast.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline