Bringing my family to the USA (my special case)

[mnos7i 0]

Hello,

I need some assistance about my case because it's not a straight forward one.

I'm a US Citizen with both US Citizen parents, I was born in Egypt and got my US Passport through my parents shortly after birth. I have travelled to the USA a month after my birth and lived for 8 years in NYC, then I came back to Egypt to continue my education. I have visited the US several times throughout my stay in the US but I haven't completed two years of physical presence in the US after the age of 14. I have completed medical school here and have took the United States Medical Licensing Examinations (USMLE) and am ready to travel back to the USA to work as a Medical Doctor. I have got married a year ago and now have a 4-month old boy.

I have filed an I-130 for my wife more than a year ago and now I am waiting for the NVC to determine the interview date at the Cairo Embassy in Egypt. It's been over 2 months since they last contacted us.

For my son, I have applied for a CRBA 2 months ago and the embassy asked me for my old passports which I've sent and I'm still waiting for a reply, but I'm quite sure it's not going to get accepted because of my incomplete physical presence in the US. I will be applying for a N-600K form to transmit the citizenship to my son through his US Citizen grandparents.

My questions are:

- What is the exact process of the N-600K for my 4-month old baby? and how long does it take?

- My son is currently in Egypt. Does he need to be in the USA for the N-600K to transmit citizenship to him? If yes, how could he travel without a US Passport?

- How long does it take for the NVC to schedule the interview for my wife's immigrant visa?

Thank you.

M

[aaron2020 11,651]

You do not meet the 5 years physical presence requirement to pass US citizenship to your child.

The CRBA will be denied because you don't meet the 5 years physical presence requirement.

The N-600k will be denied because you don't meet the 5 years physical presence requirement.

You need to file an I-130 for your child. Once your child arrives in the US with an immigration visa, your child then gain US citizenship under the Child Citizenship Act.

Edited May 5, 2014 by aaron2020

[mnos7i 0]

Thank you for your reply,

About the N-600K, I understand that it will be refused because of my lacking physical presence, but what about it's through my parents (son's grandparents) ? They have a physical presence in the USA for over 30 years..

And if I apply for N-600K through my son's grandparents what is the exact process and does he need to be in the USA to gain citizenship?

Thank you.

[aaron2020 11,651]

Thank you for your reply,

About the N-600K, I understand that it will be refused because of my lacking physical presence, but what about it's through my parents (son's grandparents) ? They have a physical presence in the USA for over 30 years..

And if I apply for N-600K through my son's grandparents what is the exact process and does he need to be in the USA to gain citizenship?

Thank you.

Read requirement 6 on the instructions for form N-600k. Your son has to be in the US on a non-immigrant visa to take advantage of the N-600k.

File the I-130.

[jan22 3,056]

Using the Child Citizenship Act of 2000, which authorized transmission of citizenship through the grandparents if the U.S. citizen parent did not meet the physical presence requirement, requires first of all an application (N-600K) to USCIS. Once that application is approved, you then have to apply for a B2 visitor's visa and take the child to the U.S. for the final interview. The B2 can be denied, if the interviewing officer believes the intent is to avoid the immigration process. (That is, it is the more appropriate to be used to get U.S. citizenship for your child if you intend to live outside the U.S.). The N-600 process can take a year or more, without including the time for the visitor visa application and the interview in the U.S.

You should file an I-130 (IR-2) for your son immediately. Once he gets the immigrant visa, is admitted as a permanent resident to the U.S. in the custody of the U.S. citizen parent, and is under the age of 18, he will immediately become a U.S. citizen.

[Mark88 183]

Your kind of in the same situation that we were in. Try reading this this might help:

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/

But as Jan22 points out, you might better off with the I-130 than the N-600K since you want your family to immigrate together to the US. If you were to stay in Egypt and just want to claim USC for your child, then you would go for N-600K.

[aaron2020 11,651]

Chances of the baby getting a nonimmigrant visa when mom a

Is immigrating and USC dad establishing a US domicile is low. Sure looks like mom and dad are trying to use a nonimmigrant visa to immigrate the child.

File the I-130.