How can child come?

[Missingmylove2005 0]

I was told that my daughter could obtain dual citizenship once her and I entered the United States- once I receive my visa. Is this true? Because my interview is coming very soon and we have not filed any paperwork for her at all. She was listed on my paperwork as my child and that she will be accompanying me to the United States. Also on my interview letter it only lists me as an applicant having to attend the interview. Now I am worried my immigrating lawyer has mislead me..? Any advice would be greatly appreciated.

Thank you

[Darnell 8,478]

you have a USCitizen Spouse ? did he/she petition for the child, at all?

is the father of this child a USCitizen?

[Penguin_ie 5,993]

*** split from different topic by other member- please always ask your own questions about your own case in your own thread ****

Your lawyer is mistaken. Assuming the child is only yours, ie the step child of the US citizen spouse that petitioned you, your daughter would need her own I-130 petition with fees etc. You will need to file for her asap, and request expedite based on approved petition by parent. Also, she does not get citizenship upon entry, but she can get citizenship when you do.

[Missingmylove2005 0]

Her father ( my husband ) is an American citizen.

Doesn't surprise me the least considering out lawyer delayed my paperwork for nearly 4 years!

He has mislead is with this entire situation. Thank you for this valuable information, now I hope that I can have this completed by next month before my interview date

[*Snowdrop* 604]

Is her father a USC by birth? Or a naturalized citizen?

If by birth, has he always lived in the US?

[Missingmylove2005 0]

Yes he was born in the United States, this has me extremely stressed as we were told numerous times by this lawyer that our daughter could get dual citizenship once we entered the United States. We have waited 4 years for this moment and the timing is perfect- due to school starting there in Aug. I'm concerned this will be another delay

[*Snowdrop* 604]

He was born in the US and has always lived there? And he is the biological father.

If that is the case then your daughter is already a US citizen - you should just be able to apply for a passport for her.

It becomes more complicated if her father grew up in another country than the US - then it becomes a matter of how many years he has lived in the US before your daughter was born.

Edited June 11, 2013 by *Lynne*

[Missingmylove2005 0]

thank goodness, I wasnt looking forward to anymore bad news lol..

He was born in the united states and has lived there his entire life, he is her biological father also.

She has a Canadian Passport already, she was born in Canada. We plan on obtaining her American passport once we arrive in the United States.

Thanks so much Lynne

[Penguin_ie 5,993]

Lynne is correct, because the father is a US citizen and has spent significant time in the USA. You are supposed to record her birth at the US embassy in Canada and get what is called CRBA (Consular Record of Birth Abroad), and a US passport. A US citizen, which she is, is always supposed to travel with her US passport.

Edited June 11, 2013 by Penguin_ie

[Darnell 8,478]

yup- although the child has a canada passport - i'd be leary of 'the basis' on which to travel into the USA, from Canada.

But don't let that bother you too much -

instead - chase after 'Consular Report of Birth Abroad' or CRBA, at the US Embassy/Consulate nearest to you. Once filed, the child will receive a USA Passport, and is best the child travel INTO the USA on a USA passport.

Good Luck, and you should consider invoicing the attorney back for lost time and case mis-management.

[Mark88 183]

DON'T wait until you want to got to the US. File for CRBA now and get a US Passport BEFORE you want to leave for the US.

[aaron2020 11,651]

The child is a US citizen.

The US will not knowingly issue a visa to a child with a claim if US citizenship.

The child needs the CRBA and a US passport to enter the US.

There are no choices here. Got to get the US passport for the little one.