URGENT - Bringing a Child of USC to the US

[rudyzn 2]

Hello everyone,

Mine is, I think, an uncommon case. Wanted to see if it sounded familiar to someone out there:

I am a US Citizen, 31 years old, but have not lived more than 5 years of my life in the US. Therefore, I CANNOT automatically transmit citizenship to my child.

However, after filing I-130 petition and NVC procedure (and embassy -we are filing from France), and after entering the US as a permanent resident immigrant, then and only then does my child automatically receive US Citizenship.

I filed for my little baby shortly after her being born, her priority date is June 10, 2013.

My wife (mother of said baby) was in the process of obtaining her green card when she gave birth. On July 25, she got her green card after succesfull interview at US Embassy in Paris. She has to enter the US by 23 January 2014, or the Visa expires.

Let's sum up:

Me: USC

Wife: French Citizen with Green Card on passport, expiry date January 24, 2014

Baby: French Citizen with pending I-130 petition (Expedite requested 20 days ago, no news since)

Has anybody else been in a similar situation? I am freaking out because of the January 23, 2014 deadline on my wife's green card. We cannot (she cannot) leave our baby behind while the lengthy USCIS/NVC procedure goes on (and on..).

Any advice would be greatly appreciated

Rudy

[Mark88 183]

I think you should be fine. If you did DCF in France and all paperwork was correct, this should be processed in about 12 weeks total. You never know with USCIS though...

Your child might qualify for a "NA-3 Baby" visa. This visa is actually issued from the embassy through your wifes status. I would get intouch and even send them this document, since it seems this process is not too common in Europe: http://imgur.com/srhWSt5

If it worksout, you don't even need to wait for the I-130 to be approved. But as I mentioned, I'm not sure on this.

We had a similar situation, maybe reading this post will help you:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

Edited August 20, 2013 by Mark88

[rudyzn 2]

Hello Mark88,

Thank you for your kind words.

I had already read your story a couple of months ago while browsing the forums here on VJ.

Yours is definitely one to highlight!!

It does also confirm the bizarre situations in which some US citizens/permanent residents can en up in when bringing familiy members to the US.

Unfortunately for us, I believe your specific case does not apply for my baby's situation (but your post was super helpful and informative).

I think our best shot is to get my baby's USCIS and NVC cases expedited. It's been 20 days and no answer...

We did not do Consular fyling, no longer possible after 2012....

Wish me luck and thanks again

I think you should be fine. If you did DCF in France and all paperwork was correct, this should be processed in about 12 weeks total. You never know with USCIS though...

Your child might qualify for a "NA-3 Baby" visa. This visa is actually issued from the embassy through your wifes status. I would get intouch and even send them this document, since it seems this process is not too common in Europe: http://imgur.com/srhWSt5

If it worksout, you don't even need to wait for the I-130 to be approved. But as I mentioned, I'm not sure on this.

We had a similar situation, maybe reading this post will help you:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

[Mark88 183]

Sorry, I wasn't familiar that DCF is not available anymore, but thank's for the compliments.

It really sucks what USCIS makes us go through, and the consulate where we initially filed the CRBA gave us no help at all on other issues. Best of luck.

[Hypnos 6,576]

I don't believe a baby transportation letter can be used in this instance since the OP's wife is not yet an LPR. If she had entered the US, activated her immigrant visa, obtained her green card, departed temporarily and then gave birth abroad then that would work, but since she is not yet an LPR then I don't think this qualifies.

It might be worth double-checking with the embassy though, since if somehow you were able to qualify for such a letter than the child would become an LPR immediately upon entry, and then would become a US citizen under the Child Citizenship Act, also.

[OKflyboy 35]

The baby could have been added to mom's petiton, but I guess since the mom already got her visa, it's too late. I would still ask the Consulate. As far as I know the baby born while the parent's petition is pending, should qualify. And your baby was born while mom's case was still pending, right? Did she mention at the interview that she had had a baby?

I do not think entry baby applies here since the mom is not technically a LPR yet.

Edited August 21, 2013 by OKflyboy

[Hypnos 6,576]

Immediate relative petitions do not allow derivative beneficiaries.

[Mark88 183]

As far as I know the baby born while the parent's petition is pending, should qualify. And your baby was born while mom's case was still pending, right? Did she mention at the interview that she had had a baby?

I read this somewhere before, too. Definately can't hurt to try this with the embassy.

[rudyzn 2]

Hypnos,

No, I believe you are correct. We cannot use a baby transportation letter since my wife is not yet an LPR (she has not yet entered the US in order to "activate" her green card). Double checking with the embassy is nearly impossible. I sent an email one day (after my wife's interview) regarding this matter, they never replied... Oh well....

I don't believe a baby transportation letter can be used in this instance since the OP's wife is not yet an LPR. If she had entered the US, activated her immigrant visa, obtained her green card, departed temporarily and then gave birth abroad then that would work, but since she is not yet an LPR then I don't think this qualifies.

It might be worth double-checking with the embassy though, since if somehow you were able to qualify for such a letter than the child would become an LPR immediately upon entry, and then would become a US citizen under the Child Citizenship Act, also.

[rudyzn 2]

As another member mentionned earlier, no derivative benefits from immigrant visa (each person has to apply for one)

This means i had to start another petition all over again for my baby.

I did mention to the US EMbassy (as well as the NVC when we were sending files/documents) what our situation was.

They have been unhelpful to say the least. CO told us, when doing my wife's interview, to request Expedite procedure for my daughter.

Still waiting for any kind of news regarding this expedite request...

Wish us luck people.

I read this somewhere before, too. Definately can't hurt to try this with the embassy.

[rudyzn 2]

Got some news today from the USCIS Vermont Service Center:

U.S. Citizenship and Immigration Services electronic records show your call to the National Customer Service Center (NCSC) on July 30, 2013. The Referral ID for that Service Request was XXX.XXX.XX.XXXXX.MSC.

Your referral and issue reported during your call are currently being worked by an officer at the Missouri Service Center. You will be receiving a response to this referral via mail or email.

Please wait for the response to that referral, and follow any directions provided.

..... Feels so good to know that we might get NOA2 soon!!! Will let you know

Cheers

[newacct 688]

I don't believe a baby transportation letter can be used in this instance since the OP's wife is not yet an LPR. If she had entered the US, activated her immigrant visa, obtained her green card, departed temporarily and then gave birth abroad then that would work, but since she is not yet an LPR then I don't think this qualifies.

The OP's wife doesn't necessarily have to be an LPR; she just have to have already been issued an immigrant visa when the baby was born, for the baby to not need a visa to enter the U.S.:

http://www.state.gov/documents/organization/87519.pdf

However, this does not seem to be the case with the OP -- his baby was born before the issuance of the visa.

[Mark88 183]

However, this does not seem to be the case with the OP -- his baby was born before the issuance of the visa.

I read through the link myself. I think this is a key point. OP check the issue date of your wifes Visa. If this was BEFORE the baby was born, you can use the transportation letter without waiting for the approval of the I-130.

[rudyzn 2]

However, this does not seem to be the case with the OP -- his baby was born before the issuance of the visa.

That is correct. My baby was born 2 months before my wife got her Green Card.

I feel kind of confused as to wether I did the right thing. I always thought I-130 was the way to go.

Plus I did not know delays had gotten this long (my wife got her NOA2 in 10 days in April 2012).

Anyways... I might still get my case expedited. Will let you know.

Have a nice week everybody

[Mark88 183]

I feel kind of confused as to wether I did the right thing. I always thought I-130 was the way to go.

Plus I did not know delays had gotten this long (my wife got her NOA2 in 10 days in April 2012).

Hindsight is easier than foresight. All of us probaly had their fare share with USCIS and would have done some things differently looking back. It's probaly just important to stick at the path you're doing and see it through. Best of luck!