QUESTION
When could I apply for a citizenship for my son and how?
Asked on Oct 10th, 2013 on Immigration - Texas
More details to this question:
I am a current foreign diplomat in USA, A1 visa holder. My son was born here in United States and he just got a green card. He is now 14 months old only. Now my question is when could I apply for a citizenship for him and how? Do I have wait until he became 18 years? Thank you.
2 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Your recitation of facts does not sound right: - if both parents of your son are in a diplomatic status, birth in the U.S. does not entitle your son to a U.S. citizenship [U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)] and it, definitely, does not entitle him to a green card; - if your son's mother is a U.S. citizen or permanent resident, the child is a U.S. citizen by birth and is not eligible to receive a green card; - if your son's mother is in the U.S. on a non-immigrant visa and does not have a diplomatic status, the child might be a U.S. citizen by birth (USCIS can argue that your diplomatic status precludes your son's acquisition of U.S. citizenship under* *the 14th Amendment) but he is, definitely, not a permanent resident.
Answered on Oct 16th, 2013 at 1:41 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Permanent residents can apply for U.S. citizenship when they turn 18 years of age and have been a resident for at least 4 years and 9 months.
Answered on Oct 10th, 2013 at 4:24 PM