Legal Question in Immigration Law in New York

My husband is US citizen and we reside abroad. I am not a us citizen. We understand our infant child can get citizenship through dad if dad lived in US for 5 years (2 after age of 14) before baby was born. Problem is my husband never lived in US. Can my husband's mother, who is US citizen and meets residency requirement, file N-600K instead, even if my husband is still alive? Thanks for your assistance


Asked on 8/21/09, 7:33 am

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquiirer:

No. The grandparent may only apply for the grandchild if the US Citizen parent is deceased.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

Regards,

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Answered on 8/26/09, 8:45 pm
Antoinette Wooten The Wooten Legal Consulting, PC

You can try, but I do not know if it will work. A situation such as your's will be based on the contact the grandmother has had with the child.

Do you intent to have the child live with it's grandmother or do you just want the child to get US citizenship? This is what the immigration service will want to know.

Patricia Martin-Gibbons

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Answered on 8/30/09, 3:46 pm


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