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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 101049
Experience:  Private practice in several areas, including immigration
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I am an algerian citizen, married since 2012 to an american

Customer Question

hello
i am an algerian citizen, married since 2012 to an american permanent resident
we had 2 kids which are both born in Algeria because my husband had never proceed to family reunion abd still until this time lying to me and give me excuses about this delay
my husband was always traveling to USA and leaving me with the kids at least 6 months a year
he is actually proceeding to his naturalization to become an american citizen
can you informe me about my chidren´s rights because i´m tired of his lies
can i proceed to the naturalization of my chidren overseas ?
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) What years were the children born?

2) Were you married at the time of the births?

Customer: replied 1 month ago.
my daughter was born in 2014
my son was born in 2015
yes we were married at the time of birth
we are still married at this time
Expert:  Ely replied 1 month ago.
Thank you. On this website, I do not always get to give good news, and this is one of these times.
Under current law, your children do not gain automatic US Citizenship though the father because he himself is was not a US Citizen at the time of their births. This is true even if he gains citizenship later on.
If he petitions for your family, then you and your children would get lawful permanent resident status (greencards). You can then petition for citizenship in a few years after living in the USA, as well as your children. But HE has to file for this - you cannot make him.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).
Customer: replied 1 month ago.
how can i proceed for the citizenship of my children after he gets his?
Expert:  Ely replied 1 month ago.
HE would have to file an I-130 (petition for alien relative) for you and the children:
www.uscis.gov/i-130
You cannot file this on your own - he needs to do this.
You'd get PERMANENT LAWFUL RESIDENCE through this petition and can relocate to the USA. The process can take about 6 months to 1 year to be completed.
After a few years of living in USA, you can request citizenship.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 month ago.
i can understand that there is no existing right to get citizenship automatically for children under 18 years ?
do the US law refuse to provide citizenship for minors if their father is against ?
Expert:  Ely replied 1 month ago.
i can understand that there is no existing right to get citizenship automatically for children under 18 years ?
Not in this situation. Correct. Because he was not a citizen at the time of their births.
do the US law refuse to provide citizenship for minors if their father is against ?
Yes. They do not get citizenship because he was not a citizen at the time of their births. Once he becomes a citizen, he can petition for their residence in USA, but that is up to him.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

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