wife is pregnant, what effects on process

[ambasel 0]

HI guys, I am a LPR petitioning for my wife and we are expecting. I am applying for naturalization in in a couple of weeks. My question is if she gives birth before my naturalization is completed, what is the process? would i have to file a separate petition for my child or would the baby derive citizenship from me afte i naturlize even if he is born before i become a citizen? thanks

[Ivy. 113]

I am not sure, but I think the child will not become a US citizen. I found this:

INA: ACT 320 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired 1/

Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1) .

FOOTNOTES FOR SECTION 320

INA: ACT 320 FN 1

FN1 Section 101(a) of Public Law 106-395, dated October 30, 2000, revised section 320 in its entirety.

Link.

I also saw this:

Transmitting Citizenship to Children Born Abroad

Due to restrictive provisions of U.S. law, not all Americans residing abroad can transmit citizenship to their children, and since some countries do not grant citizenship to the children of U.S. citizens who are born there, it is even possible for such children to be born “stateless” and not be eligible for a passport.

Children born to American citizens abroad can inherit U.S. citizenship only as specified in Sections 301 and 309 of the Immigration and Nationality Act as follows:

• IF BOTH PARENTS ARE U.S. CITIZENS AND ARE MARRIED: a child born abroad is a U.S. citizen at birth if either of the parents has ever resided in the United States (no amount of time specified).
  
• IF ONLY ONE OF THE PARENTS IS A CITIZEN OF THE UNITED STATES: the U.S. citizen parent must have resided in the United States for a period totaling not less than five years, at least two of which were after the age of fourteen. ("Residence" in this case includes time spent abroad on U.S. military duty or employed by the U.S. government or by certain international organizations.)
  
• IF A U.S. CITIZEN MOTHER GIVES BIRTH TO A CHILD OUT OF WEDLOCK: she must have resided in the United States for one uninterrupted year at any age prior to the child’s birth.
  
• IF U.S. CITIZEN IS THE FATHER OF A CHILD BORN OUT OF WEDLOCK: he must satisfy the residency requirements of Point 2, and he must also establish the blood relation, agree to support the child up to age 18 and assume legal paternity of the child before he/she reaches 18.
  

To facilitate transmission of citizenship and to avoid the hardships of statelessness, an American citizen should not have any residency requirement to be able to transmit nationality to his/her children.

Link.

There may be information to contradict me, but I have not seen it so far.

[VanessaTony 3,567]

You would have to petition your child with an I-130. When the child arrives in the US I believe they would then be a USC and you would file for a US passport.

As the person above states only when you fulfil all 3 of the below the requirements would the child be a USC:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. This would be true of you after you naturalise

(2) The child is under the age of eighteen years. Would be true

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. This is what the I-130 will accomplish

Good luck!

[aaron2020 11,651]

HI guys, I am a LPR petitioning for my wife and we are expecting. I am applying for naturalization in in a couple of weeks. My question is if she gives birth before my naturalization is completed, what is the process? Child would be derivative of mom's F2a case. Add child to mom's case. Get immigration visa for child. would i have to file a separate petition for my child or would the baby derive citizenship from me afte i naturlize even if he is born before i become a citizen? thanks

Birth before naturalization.

Child is not a US citizen at birth because you are not a citizen.

Child can be a derivative on the F2a case for your wife.

Child needs an immigration visa to enter US.

Birth after you naturalize.

Child is a US citizen.

You file for a CRBA and US passport for your child.

Child uses US passport to come to US.

[ambasel 0]

thank you all for your kind help, one more quick question in this line. how long would the process take to add my baby to my spouse's petition? my understanding is that a citizen has to file a separate petition for his/her baby born after naturalization. that would mean a few more months added to the timeline?

[Darnell 8,478]

regardless, you'll have to file a seperate I-130 on the child,

as

you not fulfil the requirements of being a USCitizen when filing for a CRBA.

Sorry.

Suggest you file the I-130 after you get the citizenship, and ask for an expedite, citing the receipt number from your wife's I-130.

[little_dreamer 11]

How far away is your citizenship from the babies due date/....in this case lol fingers crossed the baby stays and cooks a bit longer lol

[Darnell 8,478]

sorry, he needs 5 years as a citizen, to be eligible to file for a CRBA as a USCitizen.

[hikergirl 277]

sorry, he needs 5 years as a citizen, to be eligible to file for a CRBA as a USCitizen.

I think you’re wrong there Darnell. Everything I’ve read says be a citizen at time of birth and 5 years physical presence in the US. I haven’t seen anything that says it has to be 5 years as a citizen.

[Darnell 8,478]

hmmmmm..

[VanessaTony 3,567]

sorry, he needs 5 years as a citizen, to be eligible to file for a CRBA as a USCitizen.

Sorry Darnell you're wrong. I was wrong last week and got corrected. Turns out it's just 5 years physical presence in the US,

[VanessaTony 3,567]

Sorry Darnell you're wrong. I was wrong last week and got corrected. Turns out it's just 5 years physical presence in the US,

Sorry I should specify once you are a USC you can pass on USC if you've had physical presence for at least 5 years. You do not have to have been a citizen for those 5 years.

[Darnell 8,478]

aha!