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US Citizenship For Children

Green Card & Citizenship, Guest Posts

Though one can become a citizen voluntarily through the Naturalization process, some are granted this status being born in the US or born to US citizen parent(s).

Children born outside to US citizen parents can claim US citizenship through their parents’ status subject to certain strict requirements which makes the process very much sophisticated. The immigration law at the time the child was born is also vitally important while claiming citizenship through the Child Citizenship Act (CCA). But the process is pretty simple for children born in the US as they automatically become US citizens, immaterial of whether their parents were US citizens or not.

If your child was born in the US, you can directly apply for a US passport as a proof of his/her US citizenship. Should you want to document your child’s citizenship status, you can file Form N- 600, Application for Certificate of Citizenship with the USCIS to get the citizenship certificate.

There are a combination of requirements that are to be satisfied before applying for child citizenship. One such criteria is that at least one parent was a US citizen when the child was born and should have lived in the US or its possessions for a stipulated period of time. Additionally, child(ren) born outside the US can also claim citizenship after birth based on their parents’ citizenship or naturalization.

As stated above, you can become a US citizen only if you fulfill certain important conditions. Few are:

- You should be under 18 years old and at least one of your parents should be a US citizen, either by birth or through Naturalization.

- You should reside in the US in the legal and physical custody of your US citizen parent and is subject to lawful admission for permanent residence in the US.

- To qualify as a “child” for the purpose of getting a certificate of citizenship through your parents’ status, you (the child) should not be married. If you are born out of wedlock, you should have been “legitimated” when you were under 16 years old and in the legal custody of the legitimating parent. But if you are a stepchild who was not adopted, you will not qualify as a “child” for citizenship purposes.

- If you meet the above mentioned requirements before becoming 18 years old, it means you establish the eligibility for US citizenship without having to file an application. Make note however, if you want to document your citizenship status, you have to file Form N-600.

- Per the CCA, if you were 18 years old or older as of February 27, 2001, you will not be eligible for citizenship, under this classification. You however, can apply for naturalization (Form N-400) based on qualifying on your own. There is also another option where persons above the age of 18 as on February 27, 2001, are eligible to apply for a citizenship certificate per the law in effect before the enactment of the CCA.

Even if you the biological or an adopted child who regularly resides abroad, you can still qualify for citizenship. This however, has additional requirements to be met.

Children born outside to US citizen parents can claim American citizenship through their parents’ status subject to certain strict requirements. Per the CCA, if you were 18 years old or older as of February 27, 2001, you will not be eligible for citizenship, under this classification. You however, can apply for naturalization, by filing the citizenship form, N-400 based on qualifying on your own.

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H1B Visas Cause Increase in Jobs For US Workers

Immigration News

One of the most common and ignorant arguments against the H1B visa program, is that it steals jobs away from local America workers, particularly at a time of 9 – 10% unemployment and in the immediate aftermath of the worst recession since the great depression.

However numerous independent studies by Vivek Wadhwa and others have shown that this is not the case and the influx of these (largely) high skilled immigrant and both filled skill shortages in the US economy. This is due to the very low amount of US students who study Engineering, Science and Technology degrees in College due to the higher degree of difficult associated with these disciplines.

The net effect to the economy has been hugely positive with companies like Google, Microsoft, Facebook and Apple benefiting greatly from this high skill source of labor and their products and thus revenue benefiting the US economy as a whole.This is not even accounting for the fact that over half of all Silicon Valley start ups being founded by foreigners in recent years and the companies include the biggest and most well know brands like Google, Yahoo, eBay, Paypal, etc.

However according to the CEO of the NASDAQ Exchange, this is only the tip of the iceberg. Robert Griefeld told a US Senate hearing last week that according to the National Federation for American Policy says that for every H-1B worker requested, US technology companies increase their overall employment by five workers.

He went on to argue that “Reform must convey economic priorities about job growth and global competitiveness. Increasing H-1B visas is simply not enough. We need to admit and keep entrepreneurs here so that the creative dynamic of our economy is enhanced by the very best skills and minds,”. “Whether in Silicon Valley, Austin, Chicago, or anywhere else in the United States, I hear from CEOs that theH-1B visa system is inadequate for today’s human capital marketplace and the backlog for green cards and what they mean to the quality and the uncertainty of the lives of these foreign-born employees is a legitimate threat to their businesses.”

This is powerful language backed up by facts (rather than partisan short sighted rhetoric) coming from someone as successful and knowledgeable as Griefeld hopefully will sway enough in Congress to overhaul the current H1B Visa, L1 Visa, E3 Visa, F1 Visa OPT and Green Card process such that ultimately the US as a whole will continue to remain at the forefront of technology, new energy and the global economy.

Cj

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