# Green Card Petition for a Child of an US Citizen -



## SomeoneLikeU (Feb 21, 2018)

Hi there. 
Recently, on September 2017, I obtained my US passport for the first time. I obtained citizenship from my father. I have never lived in the US and I am planning to move in soon...
I want to bring my daughter (16 years old) to live with me when I am in the United States. She also can become a US citizen, obtaining US citizenship through her grandfather.
According to my investigations, to request her US citizenship, she must be living in the USA with the Green Card.
I have to deliver to the USCIS an affidavit of support stating that I have enough economic resources to support her. Minimal annual income about 20,000, and I have to include my tax returns corresponding to the last three years.

I have never declared US taxes, since I just became a citizen. I do not have a SSN. Also, I have not enough income or assets right now.

She cannot overpass the age of 18 to take the citizenship from her grandfather, and I cannot wait so much time to bring her to live with me. She would attend to high school in the US. 

Are there any options? Can I bring her with a tourist visa or any other permit? The country where I come from is passing through some political, economic and security issues


----------



## Bevdeforges (Nov 16, 2007)

You don't need to have a green card for your child to claim US citizenship through a grandparent. I thought I remembered something like this from my days in the FAWCO group. FAWCO is a group of US women's clubs that has been very involved in matters of passing on US citizenship to children born overseas.

The only requirement regarding being in the US is that the child must be in the US legally - not necessarily on a green card, but one site I saw even says that there is a special "tourist" visa for this purpose.

More information here: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html direct from the horse's mouth.
Cheers,
Bev

PS One further reference that may be useful for you: https://www.avvo.com/legal-guides/ugc/obtaining-us-citizenship-through-a-grandparent


----------



## twostep (Apr 3, 2008)

https://www.uscis.gov/greencard/affidavit-support
Affidavit of Support - You will be her main sponsor but the financial responsibility can be carried by a co-sponsor.


----------



## SomeoneLikeU (Feb 21, 2018)

Bevdeforges said:


> You don't need to have a green card for your child to claim US citizenship through a grandparent. I thought I remembered something like this from my days in the FAWCO group. FAWCO is a group of US women's clubs that has been very involved in matters of passing on US citizenship to children born overseas.
> 
> The only requirement regarding being in the US is that the child must be in the US legally - not necessarily on a green card, but one site I saw even says that there is a special "tourist" visa for this purpose.
> 
> ...


While her citizenship is being approved, wil she be able to stydy in the high school? Since I've heard that it is not legal to study with a tourist visa...


----------



## twostep (Apr 3, 2008)

SomeoneLikeU said:


> While her citizenship is being approved, wil she be able to stydy in the high school? Since I've heard that it is not legal to study with a tourist visa...


If you can afford it you can move her to a private HS under J.


----------



## Bevdeforges (Nov 16, 2007)

SomeoneLikeU said:


> While her citizenship is being approved, wil she be able to stydy in the high school? Since I've heard that it is not legal to study with a tourist visa...


I don't know the details of any of this, only what is on that law office's website I referred you to. But when I was active in the FAWCO groups, they did a "test case" and IIRC the child in question just went to the States on a VWP with their mother (who couldn't transmit citizenship). The child really does only need to enter the country legally and remain in the country (again, legally) until the processing is complete. 

How long the process takes these days is anyone's guess. 
Cheers,
Bev


----------



## SomeoneLikeU (Feb 21, 2018)

Bevdeforges said:


> I don't know the details of any of this, only what is on that law office's website I referred you to. But when I was active in the FAWCO groups, they did a "test case" and IIRC the child in question just went to the States on a VWP with their mother (who couldn't transmit citizenship). The child really does only need to enter the country legally and remain in the country (again, legally) until the processing is complete.
> 
> How long the process takes these days is anyone's guess.
> Cheers,
> Bev


Thanks for your answers, Bev


----------



## Crawford (Jan 23, 2011)

As this process does take in to account when persons were born (as the citizenship rules have changed over the years) you might want to get some legal advise.


----------



## SomeoneLikeU (Feb 21, 2018)

twostep said:


> If you can afford it you can move her to a private HS under J.


 Seems like I cannot...


----------



## twostep (Apr 3, 2008)

Bevdeforges said:


> You don't need to have a green card for your child to claim US citizenship through a grandparent. I thought I remembered something like this from my days in the FAWCO group. FAWCO is a group of US women's clubs that has been very involved in matters of passing on US citizenship to children born overseas.
> 
> The only requirement regarding being in the US is that the child must be in the US legally - not necessarily on a green card, but one site I saw even says that there is a special "tourist" visa for this purpose.
> 
> ...


You are quoting some obscure legal site.


----------



## Bevdeforges (Nov 16, 2007)

twostep said:


> You are quoting some obscure legal site.


Quite possibly, but they do say that a tourist visa can be used for this. From the FAWCO experience I know that it can work to simply bring the child to the US on a standard tourist visa (even the VWP if that is applicable) as long as the paperwork can be processed within the 90 day time frame. (Just not sure if the timeframe is reasonable these days.)

I would at least look into the possibility of getting the child a tourist visa for a few months and worry about attending high school classes when she gets there. To be honest, the situation in Venezuela sounds pretty dire.
Cheers,
Bev


----------



## SomeoneLikeU (Feb 21, 2018)

Hi. I'm understanding that I do not have to file for a green card for her. So, I can make the citizenship request on behalf or her, and when they have the interview date, the US Embassy can issue a visa for this purpose, I am right?

Can I file this request from overseas, given that I wish to travel to the US within two months?


----------



## Bevdeforges (Nov 16, 2007)

According to the USCIS policy manual reference I gave you, you can apply for the citizenship status from outside the US:


> A U.S. citizen parent of a biological, legitimated, or adopted child born outside of the United States who did not acquire citizenship automatically may file an Application for Citizenship and Issuance of Certificate Under Section 322 (Form N-600K) for the child to become a U.S. citizen and obtain a Certificate of Citizenship. *The application may be filed from outside of the United States*.


www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

You will need a visitor visa of some variety for the child, however, which seems to mean you'll have to make a run to Costa Rica to the Embassy.
Cheers,
Bev


----------

