QUESTION
How can I show that I have permanent and legal custody of my child, in order to meet the requirements under the CCA?
Asked on Dec 07th, 2016 on Immigration - Pennsylvania
More details to this question:
Hi, we are family with 3 child.We all are permanent residents through dv lottery. I'm interested about Continuous Residence and Physical Presence Requirements for Naturalization for permanent resident children. I know that we have to live here at least 30 month from last 5 years, and to be abroad less then 6 month, if we want to maintain continuous residence and apply for citizenship. Are this rules same for children, or they can get citizenship even if they will not have continuous residency, I mean, if they are abroad more than six month, but less then one year, and parent(s) becomes citizen through naturalization. will kids become citizens automatically if they are under 18? thanks
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
A requirement for children to obtain derivative citizenship through a parent is that they live with the parent. If they are living significant periods of time apart from you and your spouse, there could be problems proving this component of the requirements. Items that U.S.C.I.S. has asked for in the past include tax records of the parents, schooling records, and any other proof of the children living together with the parents. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 31st, 2016 at 12:41 PM