Bringing Thai Kids To America

[yabadaba]

This is my situation:

My Thai wife recently acquired her US citizenship. She has a son from a previous relationship age 12, whom we wish to bring to the US with the intention of eventual naturalization. He was born out of wedlock with her ex-boyfriend. We are currently in Thailand and have been for the past 3 months.

Questions: A, Can he get US citezenship now because his mother is a US citizen? B, Do I need to adopt him to make this possible? C,The state dept webpage says that children born out of wedlock need to be legitimized. How can I do this? D, Do I need to bring him to America first on some kind of visa before beginning the naturalization processes and if so what kind of visa?

If anyone with experience with this has any information for me it would be greatly appreciated.

[drkwtsn]

im interested in this as well, hopefully someone can help

[tripplejjj]

Everything that you need to know should be here.

Family Based Immigrants

@yabadaba,

A: His mother has to start the "petition" process.

Immediate Relatives of U.S. Citizens (IR): These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate Relative Petitions.

For immigration purposes, Immediate Relative classifications include:

* Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)

B: No. (My advice is to start the adoption process, if you choose, after the son becomes a US citizen.)

C: The wife provide a birth certificate stating her as the biological mother.

D: No

I have personally never done this before but I know the US government has done it routinely.

Edited April 20, 2010 by tripplejjj

[DirectorIntegrityLegal]

In this situation, US Citizenship may be possible without either naturalization or adoption. If the child's biological mother is a US Citizen then it may be possible for the Child to become a US Citizen much more quickly compared to the normal route to US Citizenship. Either you or the mother can file the petition, but the filer can have a significant impact upon the outcome of the child's citizenship. This can get really complicated and the process is based upon recent changes to US law. It is also highly dependent upon the facts in the case. Therefore, it may be wise to PM me for details.

All the best!

Ben Hart

US Immigration Attorney

Integrity Legal

[yabadaba]

Okay thanks

It appears that following the standard naturalization route then he falls under the IR2 category as provided by the above poster. According to DirectorIntegrityLegal however there may be a short cut to citizenship which involves doesn't involve naturalization. Would this be similar to applying for the Certificate of a Birth Abroad of a US Citizen? If so this route is plainly preferable for reasons of time and money. But what forms need to be filed and does it even apply in our situation if the birth of the child was prior to my wife's naturalization?

[tripplejjj]

Okay thanks

It appears that following the standard naturalization route then he falls under the IR2 category as provided by the above poster. According to DirectorIntegrityLegal however there may be a short cut to citizenship which involves doesn't involve naturalization. Would this be similar to applying for the Certificate of a Birth Abroad of a US Citizen? If so this route is plainly preferable for reasons of time and money. But what forms need to be filed and does it even apply in our situation if the birth of the child was prior to my wife's naturalization?

This is my personal experience when dealing with lawyers. Lawyers are expert in laws but they lack knowledge in facts.

The fact here is that the son was born when the mother was not a US citizen. So the certificate of birth abroad of a US citizen doesn't apply. The mother needs to be a US citizen first, then she needs to give birth in order for the certificate to apply. The IR2 is specifically for this situation.

Remember also that the boy is a son to the mother. You are not the biological father so the mother is the one that needs to file a petition for the son.

If you want to go the route of a certificate of birth abroad of a US citizen then just contact the US Consulate in Bangkok. I also assumed that the mother included the son when she applied for her US citizenship. If not, then she needs some explaining.

[yabadaba]

Okay thanks

It appears that following the standard naturalization route then he falls under the IR2 category as provided by the above poster. According to DirectorIntegrityLegal however there may be a short cut to citizenship which involves doesn't involve naturalization. Would this be similar to applying for the Certificate of a Birth Abroad of a US Citizen? If so this route is plainly preferable for reasons of time and money. But what forms need to be filed and does it even apply in our situation if the birth of the child was prior to my wife's naturalization?

This is my personal experience when dealing with lawyers. Lawyers are expert in laws but they lack knowledge in facts.

The fact here is that the son was born when the mother was not a US citizen. So the certificate of birth abroad of a US citizen doesn't apply. The mother needs to be a US citizen first, then she needs to give birth in order for the certificate to apply. The IR2 is specifically for this situation.

Remember also that the boy is a son to the mother. You are not the biological father so the mother is the one that needs to file a petition for the son.

If you want to go the route of a certificate of birth abroad of a US citizen then just contact the US Consulate in Bangkok. I also assumed that the mother included the son when she applied for her US citizenship. If not, then she needs some explaining.

After doing a bit of research it seems that DirectorIntegrityLegal is refering to the child citizenship act of 2000 which grants immediate citizenship to non-us citizen children of Americans. Certain conditions apply however such as the child being in the US already and in my situation that doesn't apply. It looks like he needs to go to the US first as an immigrant but then my aquire citizenship on arrival. So we'd still need to go through the whole hassle of waiting an eternity for the petition for alien relative to be approved, visa interview, etc...?

We in fact didn't know that we could include the boy in my wifes citizenship application. Would that have been possible if he was residing overseas?

[tripplejjj]

We in fact didn't know that we could include the boy in my wifes citizenship application. Would that have been possible if he was residing overseas?

Did your wife use Form N-400 Application for Naturalization?

In Rev. 01/22/09, page 6, Part 9: Information About Your Children

If she did used the form and she omitted that part, then she needs some serious explaining. Maybe the petition process will not refer back to her N-400.

BTW, good research on the Child Citizenship Act of 2000.

What do you thing about below?

Child Citizenship Act of 2000:

The child must meet the following requirements:

• Have at least one American citizen parent by birth or naturalization; (YES / mother)
  
• Be under 18 years of age; (YES)
  
• Live in the legal and physical custody of the American citizen parent; and (NO / To make it yes, she needs to return to Thailand and have to son live with her [short term/long term ??])
  
  
• Be admitted as an immigrant for lawful permanent residence. (If she makes all yes above. She might be able to get the son an IM visa in Bangkok.)
  

What Are the Other Provisions of the Child Citizenship Act? http://' target="_blank"> Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the United States Citizenship and Immigration Service (USCIS) in the Department of Homeland Security for a certificate of citizenship if the following conditions are met.

• At least one parent of the child is an American citizen by birth or naturalization.
  
• The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it.
  
• The child is under the age of eighteen.
  
• The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.
  

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the United States Citizenship and Immigration Service in the Department of Homeland Security and go through the naturalization process.

[yabadaba]

We in fact didn't know that we could include the boy in my wifes citizenship application. Would that have been possible if he was residing overseas?

Did your wife use Form N-400 Application for Naturalization?

In Rev. 01/22/09, page 6, Part 9: Information About Your Children

If she did used the form and she omitted that part, then she needs some serious explaining. Maybe the petition process will not refer back to her N-400.

BTW, good research on the Child Citizenship Act of 2000.

What do you thing about below?

Child Citizenship Act of 2000:

The child must meet the following requirements:

• Have at least one American citizen parent by birth or naturalization; (YES / mother)
  
• Be under 18 years of age; (YES)
  
• Live in the legal and physical custody of the American citizen parent; and (NO / To make it yes, she needs to return to Thailand and have to son live with her [short term/long term ??])
  
  
• Be admitted as an immigrant for lawful permanent residence. (If she makes all yes above. She might be able to get the son an IM visa in Bangkok.)
  

What Are the Other Provisions of the Child Citizenship Act? <a href="http://" target="_blank"></a> Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the United States Citizenship and Immigration Service (USCIS) in the Department of Homeland Security for a certificate of citizenship if the following conditions are met.

• At least one parent of the child is an American citizen by birth or naturalization.
  
• The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it.
  
• The child is under the age of eighteen.
  
• The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.
  

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the United States Citizenship and Immigration Service in the Department of Homeland Security and go through the naturalization process.

In fact we did provide the information on the N-400 so they have documentation. Do you think this will help or make any legal difference? We do also have custody of the boy now in Thailand where we're residing so thats not a problem but as you pointed out how long term does it need to be? So the only NO answer is the part about being admitted lawfully in the US which unfortunatly is always the hardest part.

[tripplejjj]

In fact we did provide the information on the N-400 so they have documentation. Do you think this will help or make any legal difference? We do also have custody of the boy now in Thailand where we're residing so thats not a problem but as you pointed out how long term does it need to be? So the only NO answer is the part about being admitted lawfully in the US which unfortunatly is always the hardest part.

Since she had stated the fact that she has a child, then the legal matter about the mother/child true relationship doesn't conflict with the son birth certificate when she tries to proof that she is in fact the son biological mother. (Just one less thing to worry about.)

The next step is for the mother to get the son an IM-visa to the USA. Assuming that the son is medically and legally qualifies, then the IM-visa is a matter of filling out the forms and providing the stated proofs asked on the forms themselves. IMO, an IM-visa is easier than a Non-IM or a Tourist Visa. It is pretty much cut and dry. The mother just has to legally proof the relationship with her son. The sooner she starts, the sooner the son become a US citizen. (To get the son a US citizenship should be one of the top priorities in life for the mother.) As far as short/long term thing??, it becomes an issue when it becomes an issue.

The one point that I want to make is that she is now a US citizen and she is entitled to all the rights/benefits/privileges of any ordinary US citizen under the law. How she got it doesn't make her less of a citizen (few exceptions like being the President of the U.S., etc.) The US consulate, I believe, view the mother/child relationship differently than a Non-IM/Touris Visa case.

[yabadaba]

In fact we did provide the information on the N-400 so they have documentation. Do you think this will help or make any legal difference? We do also have custody of the boy now in Thailand where we're residing so thats not a problem but as you pointed out how long term does it need to be? So the only NO answer is the part about being admitted lawfully in the US which unfortunatly is always the hardest part.

Since she had stated the fact that she has a child, then the legal matter about the mother/child true relationship doesn't conflict with the son birth certificate when she tries to proof that she is in fact the son biological mother. (Just one less thing to worry about.)

The next step is for the mother to get the son an IM-visa to the USA. Assuming that the son is medically and legally qualifies, then the IM-visa is a matter of filling out the forms and providing the stated proofs asked on the forms themselves. IMO, an IM-visa is easier than a Non-IM or a Tourist Visa. It is pretty much cut and dry. The mother just has to legally proof the relationship with her son. The sooner she starts, the sooner the son become a US citizen. (To get the son a US citizenship should be one of the top priorities in life for the mother.) As far as short/long term thing??, it becomes an issue when it becomes an issue.

The one point that I want to make is that she is now a US citizen and she is entitled to all the rights/benefits/privileges of any ordinary US citizen under the law. How she got it doesn't make her less of a citizen (few exceptions like being the President of the U.S., etc.) The US consulate, I believe, view the mother/child relationship differently than a Non-IM/Touris Visa case.

Tripplejjj if your right about the IM visa being easier this is encouraging news but wouldn't she still need to file the petition for alien relative first and doesn't that involve a fairly long wait? My understanding is that we can use the USCIS in BKK but we need to have spent six mo in Thailand first otherwise we need to file the petition at a regional center in the US.

We went to the embassy recently and gave them the details of our case and they gave us the forms for the Birth Abroad of a US Citizen, assuring us that yes he can get citizenship and doesn't need to go through the USCIS. I knew this wasn't right so I went back and explained (now to a different person) that my wife wasn't a citizen when the boy was born. After a few minutes of deliberation with her collegues she came back and told me that my only option is adoption! This is just confusing, why would I need to adopt the kid if my wifes already an American and she's the one who'd be filing the petition? If the people at the emabassy don't even understand the laws how am I supposed to?

Anyway, following the standard route it sounds like the IM visa he needs is the IR-2. If anyone thinks any differently let me know.

[tripplejjj]

The US Consulate is not the same as the USCIS. They are two different government agencies. You basically asked the wrong agency. I may be wrong but the mother needs to initiate a petition (IR-2) with the USCIS. A six month residency in Thailand is a requirement. It is also a blessing in disguise because after waiting for six month, the issue with a physically custody of the son wouldn't be an issue any more. You basically killed two birds with one stone. You could get all the documents and start filling them out. If the mother can't meet the residency requirement, then she must petition in the US.

The wait time is a case by case deal. Lack of documentations and case load can extend the petition process. The sooner she starts, the sooner the son becomes a US citizen.

http://bangkok.usembassy.gov/immigrant_visas.html

[yabadaba]

The US Consulate is not the same as the USCIS. They are two different government agencies. You basically asked the wrong agency. I may be wrong but the mother needs to initiate a petition (IR-2) with the USCIS. A six month residency in Thailand is a requirement. It is also a blessing in disguise because after waiting for six month, the issue with a physically custody of the son wouldn't be an issue any more. You basically killed two birds with one stone. You could get all the documents and start filling them out. If the mother can't meet the residency requirement, then she must petition in the US.

The wait time is a case by case deal. Lack of documentations and case load can extend the petition process. The sooner she starts, the sooner the son becomes a US citizen.

http://bangkok.usembassy.gov/immigrant_visas.html

As far as I know only the I-130 needs to filed with the USCIS, after that the consulate takes over and the IM visa is filed with them after packet 3 is returned, but its been awhile since I've been through this process with my wifes visa so I could be mistaken.

On the subject of custody what would happen if we went back to the states and filed through the regional center? Would he know longer qualify for the IMvisa becuase he's not living with us or would he just not get citizenship upon admission as permited per child citizenship act of 2000?