Seattle, WA asked in Immigration Law for Washington

Q: Sponsor my minor son (canadian), I am us, citizen. What is the process

My son from my first wife is living with his mom in Canada, he is 10 years old . I want to sponsor him so he can get his GC and US Citizenship. His mom is ok to sponsor him so he has documented. My Son is Canadian and I am the US and Canadain Citizen.

Would he get any advantage to get citizenship fast or I have to file i-130 and than he get GC and he has to wait 3-5 years to get his citizenship. IS there any law for him so he get citizenship before 18 ? please kindly help .

Related Topics:
1 Lawyer Answer
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: The following requirements must be met for your son to become an automatic USC through you.

A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth [1]

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001: [2]

The child has at least one parent, including an adoptive parent [3] who is a U.S. citizen by birth or through naturalization;

The child is under 18 years of age;

The child is a lawful permanent resident (LPR); [4] and

The child is residing [5] in the United States in the legal and physical custody of the U.S. citizen parent. [6]

You must first file the I-130 and I-485 for him. When he comes to the USA to live with you he may become a USC through you.

Ms Grace I Gardiner agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.