How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Judith Your Own Question

Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24574
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

My sister in law is 50 years old, an American citizen by birth,

Customer Question

My sister in law is 50 years old, an American citizen by birth, but has lived almost all her life in Mexico City. She has dual citizenship, holding both US and Mexican passports. She is now in this country with her only two children (11 and 15 years old) and is living with my wife (her sister) and me. Both children were born in Mexico, are Mexican citizens, and entered the US legally just a few months ago with visitor's visas. My sister in law (the children's mother) came here about a month later, because she had to arrange for a leave of absense from her job as a medical doctor and attend to other buisness in Mexico before leaving. The children are now enrolled in the Albuquerque school system and have begun classes. The purpose for bringing them here is to improve their english and investigate the feasibility of getting US citizenship for them.

My question is this: Since their grandfather is a naturalized US citizen, and lived and worked in the US for more than 25 years, is it possible for the children to be granted citizenship via the N600-K form instead of the more expensive green-card route? The USCIS website seems to indicate that their mother's US citizenship and grandfather's Social Security records and US citizenship are sufficient under the N600-K, even though the father is now living in Mexico. The grandfather is a dual citizen of Mexico and the US.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Judith replied 3 years ago.

Hello, welcome to JustAnswer, my name isXXXXX you for this opportunity to answer your questions.

Is the mother intending to move to the US?

Judith

Customer: replied 3 years ago.
She is not sure at this time. It depends how she and her kids like it here.
Expert:  Judith replied 3 years ago.

Thank you.

It is not surprising that the lawyer you consulted was not familar with the Doctrine of Double Constructive Retention. It is not used frequently.

Here is one of the few links I have found that really explains the process in detail

http://isranglo.wordpress.com/2007/03/13/us-citizenship-through-a-grandparent-a-guide-from-the-initiated/

 

The children do NOT have to be permanent residents to apply for citizenship through this process.

Judith

 

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

 

Expert:  Judith replied 3 years ago.

Here are two good links on obtaining the SB1

 

http://immigrationwise.blogspot.com/2009/04/traveling-with-green-card.html

 

http://www.ilw.com/immigrationdaily/news/2010,0702-returning.pdf

 

Judith

 

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

 

Customer: replied 3 years ago.

Hi Judith,

Thanks for the information. In the first link you sent, the woman says it took almost 2 years for her to finally gain citizenship for her kids. Would you expect that to be a normal time frame for the case of my sister in law going the Double Constructive Retention route, or is it impossible to say? Would the green card option be faster? And, under that scenario, what would the time frame be, and would the kids be required to remain in the US for a period as Permanent Residents before being granted citizenship? I have another sister-in-law who got her green card this year, and the entire process took just 3 or 4 months. In her case, she was a Mexican citizen who married a US citizen.

 

-kurt

Expert:  Judith replied 3 years ago.

It would take the children about the same amount of time as it took your other sister-in-law who got status through her husband.

Here are some helpful links on the Child Citizenship Act

http://www.uscis.gov/files/pressrelease/CCA_102504.pdf

http://www.visalaw.com/06mar2/2mar206.html

http://travel.state.gov/visa/immigrants/types/types_1312.html

 

It can take 2 years to get the citizenship through the grandparent.

 

Judith

 

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

 

 

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24574
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

For Judith,

If the children go for the green card, I gather from what I read that they will "automatically" become US citizens since the mother is already a US citizen. Is this true? And, does that mean they would be able to get US passports and apply for citizenship as soon as they get the green card instead of the usual 2-3 year waiting period?

 

Thank you.

-kurt

Expert:  Judith replied 3 years ago.

In some instances yes, they can, generally once they have resident status.

Judith

 

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions