Hi, I am planning get some help and hire a lawyer for the naturalization service I will need in near future. I felt pretty good about your website and reviews/news. This is my situation: I am an US citizen and I have a good job offer in hand. But this job will need to work in outside US for next 5 yrs. with probably once a year visit to US corp. office. Now I have plan to have kids in those 5 yrs. when I will be out of US. I will have US based W2 and will be paid in USD all along in those 5 yrs. My question is will I be able to apply for my kid's US citizenship when I will be out of US or I have to wait till i come back to US finally after 5 yrs.? I appreciate your help and I can tell you that i will retain your service when i actually do apply for his/her citizenship?
Everything depends on your situation and that of the children's mother. Where a US citizen has children born abroad (after 11/1986), that parent transmits US citizenship to the children automatically if he or she has lived in the US for at least 5 years prior to the children's birth. Of those 5 years, at least 2 need to be after the parent turned age 14. If both parents are citizens, their physical presence in the US before the children's birth is not relevant. If you do not fit within either of the patterns mentioned above, then you would have to immigrate the children and upon entering the US as permanent residents, they would automatically acquire US citizenship as long as it was prior to them turning 18. If you don't meet the above mentioned transmission requirements but either of your parents does (I.e., he or she is a US citizen and lived here more than 5 years) your children may be able to acquire citizenship through the grandparent. It gets a little more complicated, but it works. If you would like to discuss this in more detail, please feel free to call my office and set something up. Jan Joseph Bejar, Esq. (619) 291-1112.
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