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Eliorez

US Citizen with non US child in USA

By Eliorez in Bringing Family Members of US Citizens to America

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Eliorez Newbie

Eliorez   0

Posted
Filed: Other Timeline
Posted

Hi I am an american citizen who lived in USA most my life, my son was born in Australia 1 year ago. I didnt have a chance to go to the consulate. We are now in the USA he is on an esta visa. How can I get his us passport or birth certificate?

Enigma23 Community Regular

Enigma23   68

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted (edited)

Hi! These links will explain your child's rights and options:

http://www.uscis.gov/us-citizenship/citizenship-through-parents

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

Consular Report of Birth Abroad (CRBA, or Form FS-240)

If you are a U.S. citizen and have a child overseas, you should report his or her birth as soon as possible so that a Consular Report of Birth Abroad can be issued as an official record of the child's claim to U.S. citizenship. Report the birth of your child abroad at the nearest U.S. embassy or consulate. Check the American Citizens Services portion of the webpage for the nearest Embassy or Consulate in the country where your child was born for further instructions about how to apply for a CRBA.

Edited by Enigma23

~ Jan ??,2013 ~ Service Center ~ Vermont I-129F Packet sent

NOTE: Actual sent date unknown due to lawyer negligence - I delivered ALLForms and PAID Lawyer on Nov 7, 2012 - Lawyer kept saying he sent the packet and USCIS must have lost it. When in reality he failed to send the package and only a new copy to USCIS after I made a legal written demand giving him 10 days to perform or return ALL monies paid to him, due to "non-performance".

(IMO it's better to save your money for visits to or from your Fiancé and just fill it out yourself using the K-1 Guide on VJ and Senior Members... They Rock!!!)

 

Jan 11, 2013 ~ I-129F Packet Rec'd by USCIS aka NOA 1

Feb 13, 2013 ~ Alien Number Changed/Assigned

May 24, 2013 ~ Case Transferred from Vermont to Texas Service Center (3 E~Notices May 24, 25 and 29 Only one via U.S. Mail)

July 2, 2013 ~ RFE Notification Email and Text Rec'd

July 8, 2013 ~ RFE Hardcopy Rec'd (Requesting Signed/Original "Intent to Marry within 90 days of Arrival" letter from both parties.)

Fiance Letter of Intent template can be downloaded here: http://www.visajourney.com/examples/Fiance_Letter_of_Intent.doc

July 11, 2013 ~ Requested Evidence sent via Priority Mail to TSC

July 13, 2013 ~ USPS Notification ~ Package Delivered (a Saturday)

July 15, 2013 ~ RFE Response Rec'd by USCIS

July 18, 2013 ~ NOA2 - Petition Approved ~ No Text ~ No Email ~ Just showed up in the mail on July 22nd

Aug 6, 2013 ~ Sent to NVC

Aug 8, 2013 ~ Rec'd at NVC & Embassy specific Case Number Assigned (Call Visa Specialist at 202-485-7600 (Press 1 then 0)

Aug 12, 2013 ~ "In Transit" Status DOS Site ~ Sent Electronically Check Here: https://ceac.state.gov/CEACStatTracker/Status.aspx?

Aug 14, 2013 ~ "Ready" Status on DOS site (meaning Rec'd by Consulate/Embassy)
Sep 3, 2013 ~ Interview Date rec'd (for 2+ months later) by (Call Visa Specialist at 202-485-7600 (Press 1 then 0)
Sep 21, 2013 ~ Packet 4 Hardcopy rec'd via US Mail - Fiancee didn't receive his had to pick up a reprint at Embassy.
Nov 7, 2013 ~ Interview Date - Visa Approved!!!!
 

What to Do After Receiving NOA2 - Dominican Style!

http://www.visajourney.com/wiki/index.php/Dominican_Republic:_After_Receiving_the_NOA2

 

 

AOS Timeline

 
Sept 17, 2014 - NOA 1 for Adjustment of Status
         Oct. 13 - Job Offer received
         Oct. 14 - EAD Expedite requested
         Oct. 16 - Biometrics Taken
         Oct. 17 - Evidence/Offer letter sent
         Oct. 22 - Expedite Approved - Status changed to Card Production
         Oct. 28 - Card Mailed w/Tracking number
         Oct. 30 - EAD/AP Combo Card Rec'd!!! - Our Thanks to God!! Gracias a Dios!
 
Feb 24, 2015 - Received Notice of Potential Interview Waiver dated Feb 18,2015. - Trusting God for a super fast GC Approval!
 
June 3, 2015 - Put in a Service Request regarding EAD upcoming expiration/potential renewal.
 
June 6, 2015 - Rec'd letter stating our case was being transferred to Los Angeles Field office.
 
June 15, 2015 - AOS Approved!! No text - No email - Online Case Status still on Fingerprint Fee Rec'd
June 19, 2015 - Received "Welcome Letter" via U.S Mail <3 Gracias a Papa Dios!!!! Thank you, God!!
June 22, 2015 - Email and Text update that Cond. Perm. Res. Card had been picked up by USPS
 
June 23, 2015 - Conditional Permanent Residence Card Delivered by USPS Priority Mail - Can't wait to see Hubby's face when he checks the mailbox!!
 
 
Removal of Conditions on Status
 
March 23, 2017- Packet Overnighted Packet
March 24, 2017- Packet Delivered to USCIS
 

………..•*¨`*•. ☆ .•*¨`*•………….
Make it a great day…
Be a Blessing to someone!!!!
****✿•*¨`*•. (¯`v´¯) (¯`v´¯) .•*¨`*•✿****
. . . ♥ ✿•*¨`*•.¸(¯`v´¯)¸.•´*¨`*•✿♥ . . .
***✿•*¨`*•. ….♥ •.¸.•´♥… .•*¨`*•✿***
………..•*¨`*•. ☆ .•*¨`*•………….
┊　　┊　　┊　　┊
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☆

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

It may be complicated by the fact that he has entered on an ESTA, since it is against federal law for a US citizen to enter the US on anything other than a US passport.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Mark88 Proficient

Mark88   184

Posted
Filed: Other Country: Germany
 Timeline
Posted

The problem is that he doesnt have any USA documentation. All he has is an Australian passport.

That doesn't matter. Even if you (in this case, your child) don't have US documentation, there still is a claim to USC. It would be your responsibility as the parent to have provided correct documentation. If you would have had an ####### IO, he could have revoked your childs ESTA and sent you back on the next plane to Australia.

It may be complicated by the fact that he has entered on an ESTA, since it is against federal law for a US citizen to enter the US on anything other than a US passport.

As Hypnos pointed out, this might make a problem. DOS might not accept the passport application or impose a fine.

To answer an your original question: Go to a passport application facility and apply for a passport.

It's amazing how many questions can be resolved with a 2 minute Google search...

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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