Can A Child Change Their Name When They Become A Us Citizen

Question:

"My husband and I would like to know if we tin can become permanent residents. Our daughter is a U.Due south. citizen. She is 3 years old right now. Can nosotros go dark-green cards through her? Both of us came to the United States on educatee visas. We met in higher. We savage in honey. Our visas have non expired."

(Submitted by Paula M., Corona, CA)

Respond:

Perhaps. But not at this time. Just in the afar future.

Permit me briefly explain.

A child born in the United States can file to immigrate their parents, but only later the child turns 21. At that point in time, the parents will demand to meet all the other requirements for earning a green carte du jour.

Unfortunately, until your daughter gets to this age, she is non able to aid your and your spouse become lawful permanent residents past filing an immigrant visa petition.

Some people become confused about this issue because there have been several stories in the news about undocumented immigrants who become legal residents through their children born in the U.s.a..

In these reports, some journalists employ the term "ballast babies."

Normally, these stories talk nigh parents, who enter the U.S. without permission, before a kid is born, in society to requite birth here. And then 21 years later, the child sponsors their parents to legalize their status.

These stories are almost always used in a negative way by those who oppose immigrant-friendly changes to immigration constabulary.

These stories are generally exaggerated.

As I talked about in The Attack On The Fourteenth Amendment And The Myth Of Anchor Babies, under the laws of today, it would take these parents over 25 years in about situations to get permanent residents.

They would besides have to get back to their dwelling house countries for their interviews – and that raises other legalities which would foreclose such parents from always becoming permanent residents.

But this is not your situation. You entered lawfully and y'all were non meaning when you lot arrived.

Moreover, because you lot and your hubby are living in the U.South. based on a temporary pupil visa, I presume the two of you volition render to your home countries when your visas expire.

(Of grade, other clearing possibilities may ascend that enable the two of you to continue residing in the U.S. lawfully. If such an selection arises, y'all will also be likely on track to win a greenish card under that programme, well earlier your daughter reaches 21.)

To determine the existence of viable culling light-green bill of fare paths for you, I recommend you speak to a permanent residence lawyer versed in the family unit petition system and light-green menu laws.

Assuming yous render home and are living abroad, your daughter could nonetheless help you proceeds legal status in the United States. When she turns 21 years one-time, she can file a petition for your permanent residency at that fourth dimension. Considering you lot are living abroad, your dark-green menu paperwork volition go along through consular processing.

At that time, depending on where she is living, at that place might 2 filing options. If she has come back to the U.S., she would file your petitions with a local USCIS office.

If she is living abroad, she may exist able to submit your applications to a U.South. international office. Not all countries have offices that let such filings. Only if your country has this option, this course of action may actually speed up the permanent residence application procedure.

Now, there are situations where having a immature kid born here tin can help undocumented immigrants win legal condition.

I mention this effect here simply to round out the discussion on the potential bear on of pocket-sized children on immigration cases.

To exist sure, I practice not encourage whatsoever immigrants to overstay their visas.

There are some individuals, nevertheless, who remain in the U.S. after their temporary visas expire. Several years later, they are picked upwardly by immigration agents for not leaving when they were required to depart. The government then files charges against them seeking an order of displacement from the Immigration Court.

At that fourth dimension, if certain requirements are met, their modest child's citizenship may help them authorize for a defense known as counterfoil of removal. This type of case simply happens at immigration courtroom.

If they are eligible for a trial before a gauge, the hardship to the U.S. born child if the parent is deported becomes a critical result.

By Carlos A. Batara, Filed Under Q&As: Family-Based Visas And Immigrant Petitions.

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