New born baby

[EM_Vandaveer 2,408]

That is precisely what I am trying to avoid and not filing I-130.

You cannot avoid it. What you pasted above does NOT apply to you. You are a USC, it's not a family preference category case, it's an immediate relative petition. As such, there are NO derivatives.

[EM_Vandaveer 2,408]

Maybe if the baby is born AFTER your wife's visa is issued, you have a chance. I'm not sure how to interpret this.

https://fam.state.gov/fam/09FAM/09FAM020102.html

"(3) Certain Alien Children Not Required to Obtain Visas:

(a) The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa if the child is:

(i) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parents immigrant visa; or

(ii) Born during the lawful permanent resident mothers temporary visit abroad provided that:

· Admission is within 2 years of birth; and

· Either accompanying parent is applying for readmission upon first return after the birth of the child.

(Previous location: 9 FAM 42.1 N2.2; CT:VISA-1173 03-30-2009 and 9 FAM 42.1 N2.4 ; CT:VISA-184 01-22-1999)

(b) Requiring Reentry Document of Childs Parent: The provisions of 9 FAM 201.2-3 paragraph (3)(a) apply only if the alien parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), or an SB-1 visa. With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa."

[aleful 1,905]

hi

I believe that is a baby transportation letter, to allow the child to come in the country, but that doesn't fix the status of the child

the child would still need a petition to be filed if he doesn't qualify for crba, and it cost more doing adjustment of status in the country than filing abroad

[EM_Vandaveer 2,408]

hi

I believe that is a baby transportation letter, to allow the child to come in the country, but that doesn't fix the status of the child

the child would still need a petition to be filed if he doesn't qualify for crba, and it cost more doing adjustment of status in the country than filing abroad

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/

In the above thread the baby got a GC after arriving on a baby transportation letter. Granted, the mother was already a LPR, not just issued with an immigrant visa at the time of birth. It may make a difference, I'm not sure.

[shoaibmanai 0]

It does seem like a baby transport letter

[EM_Vandaveer 2,408]

Yes. Looks like no other way, but I-130 for the baby. You can slow down the processing of your wife's case at the NVC stage so they'll be issued visas about the same time.

[shoaibmanai 0]

I understand but the problem is that I-130 will take another a minimum of 7-8 months. I have already missed out my wife's pregnancy. I don't want to miss out more

[EM_Vandaveer 2,408]

I understand but the problem is that I-130 will take another a minimum of 7-8 months. I have already missed out my wife's pregnancy. I don't want to miss out more

Can you go back to Pakistan until their visas are issued & use a joint sponsor?

Edited August 31, 2016 by EM_Vandaveer

[shoaibmanai 0]

That is my last resort, if they cannot come here together, I will most probably leave US.

[Mark88 183]

You are receiving a lot of wrong information. I will try to help you sort this out.

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/

In the above thread the baby got a GC after arriving on a baby transportation letter. Granted, the mother was already a LPR, not just issued with an immigrant visa at the time of birth. It may make a difference, I'm not sure.

EM_Vandaveer qouted MY thread I started 3 years ago, since we were in a similiar situation. The BTL can be issued to your wife, eventhough she has NOT entered the US.

hi

I believe that is a baby transportation letter, to allow the child to come in the country, but that doesn't fix the status of the child

the child would still need a petition to be filed if he doesn't qualify for crba, and it cost more doing adjustment of status in the country than filing abroad

The BTL will fix the status of the child: Upon entering the US with the BTL, the child receives a green card. In the next moment, the child will become a USC, since you the father are an USC and the Child citizenship act kicks in.

Read my post already qouted above in the section

--Automatic Citizenship through the Child Citizenship Act of 2000 (CCA)--

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/

Yes. Looks like no other way, but I-130 for the baby. You can slow down the processing of your wife's case at the NVC stage so they'll be issued visas about the same time.

Not correct, there is another way. And the law is very clear on this:

Subsection 9 FAM 201.2-3 Immigrant Travel without a visa

(3) Certain Alien Children Not Required to Obtain Visas:

(a) The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa if the child is:

(i) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; or

(ii) Born during the lawful permanent resident mother’s temporary visit abroad provided that:

· Admission is within 2 years of birth; and

· Either accompanying parent is applying for readmission upon first return after the birth of the child.

In short: If you don't qualify for CRBA, ask for the BTL. Show the consulate this law section if they are not familiar.

[sparclight 9]

How about a simple phone call to an immigration attorney...they are known for doing magic....They know how to fly around existing loopholes. don't waste any more time on such a complex issues where bunch of us dilettantes are trying to figure
(and yes, some of us I know have dealt with difficult situations but still, we are all amateurs- undersigned included)

[Mark88 183]

No need to waste money on an immigration attorney. The issue is not complex, just not a very well known law. There is no loophole here, just a section of the law you will need to show the consular officer if they don't know what to do.

Save your money.

[shoaibmanai 0]

But isnt LPR someone who has already entered the US?

[Mark88 183]

But isnt LPR someone who has already entered the US?

Read the law correctly:

"The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident"

[shoaibmanai 0]

Thanks.. this helps