In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write to [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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1) QUESTION: My daughter is 15 and she is getting her permanent residence card soon. I heard there was a law for kids who are under 18 that makes them eligible for citizenship. How does my daughter become a US citizen?
ANSWER: There is such a law. It is called the Child Citizenship Act, or CCA for short. The CCA allows for children of US citizens to automatically become US citizens as well. Under the CCA, a child automatically becomes a US citizen if they met all of the following requirements at the same time on or after February 27, 2001 (the date the CCA was enacted):
- They are under 18;
- They are a US Legal Permanent Resident (green card holder) living in the US;
- At least one parent is a US citizen either by birth or naturalization (this does not include step-parents); AND
- They are living in the physical and legal custody of their US citizen parent.
If all these requirements are met at the same time, then the child automatically becomes a US citizen. There is no need to file any application. The child can apply for a Certificate of Citizenship or a US Passport as proof of their citizenship, but they are still citizens even if they never apply for these documents.
So for example, if the child is under 18 and living in the legal and physical custody of their US citizen parent, then as soon as their green card application is approved, they will automatically become a US citizen. Alternatively, if the child is a permanent resident under 18, and it living in the legal and physical custody of their parent who is a permanent resident, then on the day that the parent is sworn in as a US citizen, the child automatically becomes a US citizen as well.
Children who are abroad cannot automatically obtain citizenship through the CCA, but the CCA also has a section that allows for a US citizen parents to apply for a Certificate of Citizenship for their child who is abroad, where certain requirements are met.
For those children that are not eligible to become US citizens under the CCA, they must wait until they are 18 before they can file their own application to become a US citizen through naturalization.
2) QUESTION: After receiving my green card through my employer, how long do I have to stay with my employer before I can look for a new job? Will my leaving affect my chances of getting citizenship?
ANSWER: There is no set amount of time that someone must stay with their employer after receiving their green card. You must have had the intention to work for your employer in the sponsored position. Your employer must have had the intention to employ you in the sponsored position. If you do not work for your employer at all, or only work for a short period of time, this could cause USCIS to question whether you actually intended to work for the employer. Therefore it is recommended that you work for the employer for at least a while. Some attorneys recommend that you work for the employer for at least 3 months, while some attorneys recommend that you work for the employer for at least 6 months. However, there is no set amount.
Normally this question will not come up until the employee applies for citizenship. USCIS can look to see if you worked for the employer in order to determine whether you committed fraud in your green card application. However, as long as you worked for the employer for some period and can give a reasonable explanation for leaving the position, the fact that you did not stay with the employer long should not be a bar to receiving citizenship.
You should also keep in mind that, in certain circumstances, the green card application is portable to a new employer. Therefore, when the application is portable, you can start working for the new employer as your new petitioner even before the green card application is approved. However, before you move to a new employer under the portability regulations, I would recommend that you consult with an immigration lawyer to ensure that your application is truly portable.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.