Getting my wife's son citizenship

[bradnyijuan]

What is the name of your state (only U.S. law)? Indiana

My wife became a citizen 2 years ago. Her son had been living with his father in China. He came to to US on a visa and has been living with us for the past 4 months. When I read the instructions for citizenship, I read it that he can become a citizen without going through the green card process. My wife disagrees and she says the people she talks to say he must get a green card first. We talked to an Attorney and she said she wasn't sure either because she doesn't normally handle immigration.

 

[FlyingRon]

The exact particulars depend on how old the child is NOW. What sort of visa?

I don't know of any path to citizenship that doesn't involve being legally admitted for permanent residence first. If he's under 18, he may be able short circuit the naturalization process, otherwise he has a three year residence period. You need to find an attorney with immigration experience not one who can't answer basic questions

 

[bradnyijuan]

Thank you for response

I did leave out he is 17 years old. I think you and my wife are probably correct. My wife says his visa is a B1B2 visa.

Thank you

 

[FlyingRon]

If he intends to stay he is committing immigration fraud entering on a non-immigrant VISA. You need to get to an immigration attorney IMMEDIATELY. You especially *DO NOT* want to wait until after he turns 18 to start this. He needs the proper adjustment of status now. The rules change in a number of ways as soon as he turns 18:

1. He loses his "citizenship through parent" option at 18.
2. He starts accruing potential sanctions for his illegal immigrant status at 18.

 

[bradnyijuan]

Wow! We see a lawyer this Friday

Thank you for the info! We didn't think we were doing anything wrong!

 

[Proserpina]

Thank you for the info! We didn't think we were doing anything wrong!

Actually, he can adjust status on a B1/B2 visa.

 

[bradnyijuan]

Actually, he can adjust status on a B1/B2 visa.

I'm glad! Thank you!