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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

I would like to know if it does apply for my newborn son, I applied for my wife F2A and now recently I became a U.S. citizen and their cases had been upgraded and their cases are in U.S. Embassy, I have research on how to expedite my son I-130 petition and there are some USCIS Memorandum policy where it says that some exceptional circumstances can be apply for cases where a person can file I-130 in abroad U.S embassies, USCIS Momorandum policy says - Petitioner has recently naturalized: A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new, stand-alone petition - The following are some examples of exceptional circumstances when USCIS will likely authorize DOS to accept and process an I-130 petition locally outside of U.S. now my question is that does my newborn son qualify for that? 

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
6 hours ago, jan22 said:

I think it will likely be approved, but the only way to know for sure is to try.  Make the request to the consular office in Islamabad; they will process it with USCIS.  

I did, I am waiting for the reply. I just wanted to make sure that he is qualify or not cause I just became a U.S. Citizen 2 weeks ago and now he needs a new stand alone petition. 

Posted
9 minutes ago, jakelake said:

 Before filing, you need to check on whether the child is a US citizen.

I believe that if you are a US citizen for at least 5 years, then the child is a US citizen.

Incorrect, the US citizen must have lived in the US for 5 years. Being a US citizen doesn't mean he child is ! if the child is born overseas

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
6 hours ago, Hamada91 said:

Incorrect, the US citizen must have lived in the US for 5 years. Being a US citizen doesn't mean he child is ! if the child is born overseas

I just became a U.S. citizen, so how long would it take? My wife has her visa. 

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
6 hours ago, jakelake said:

If you are a permanent resident, then the process can take at least 5 years.

I am a U.S. citizen and if I were a permanent resident it would at least take maximum 9 to 10 months. It dont take 5 years.

Filed: IR-1/CR-1 Visa Country: Haiti
Timeline
Posted
1 hour ago, amiralam45 said:

I am a U.S. citizen and if I were a permanent resident it would at least take maximum 9 to 10 months. It dont take 5 years.

Unmarried minor children (under age 21) of U.S. green card holders are considered “Second Preference” relatives, in category F2A.

This category allots only around 87,000 green cards per year, and lots of people want these visas, so your child will likely have to wait some years before a green card becomes available.

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
8 hours ago, jakelake said:

 Before filing, you need to check on whether the child is a US citizen.

I believe that if you are a US citizen for at least 5 years, then the child is a US citizen.

I just became a U.S. citizen like 3 weeks ago. I am trying to see If my newborn son I130 be expedited.

1 minute ago, jakelake said:

Unmarried minor children (under age 21) of U.S. green card holders are considered “Second Preference” relatives, in category F2A.

This category allots only around 87,000 green cards per year, and lots of people want these visas, so your child will likely have to wait some years before a green card becomes available.

He is not in F2A category. He is in IR2 category. 

Filed: IR-1/CR-1 Visa Country: Haiti
Timeline
Posted
59 minutes ago, amiralam45 said:

I just became a U.S. citizen like 3 weeks ago. I am trying to see If my newborn son I130 be expedited.

He is not in F2A category. He is in IR2 category. 

I know. I was responding to the question about permanent residents.

Filed: IR-1/CR-1 Visa Country: Haiti
Timeline
Posted
1 hour ago, amiralam45 said:

I just became a U.S. citizen like 3 weeks ago. I am trying to see If my newborn son I130 be expedited.

 

You should contact USCIS for any I-130 expedites. I would think that your son should be able to travel with your wife.

Is your wife's case still with USCIS or is it at NVC yet?

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
9 minutes ago, jakelake said:

You should contact USCIS for any I-130 expedites. I would think that your son should be able to travel with your wife.

Is your wife's case still with USCIS or is it at NVC yet?

No her case is in Embassy and her visa upgraded to IR1 and she has her visa but my son needs a new petition. Thats what embassy told me. My newborn son was scheduled for interview yesterday but due to my citizenship he now needs a new petition. What a shitty law is that.

Filed: IR-1/CR-1 Visa Country: Haiti
Timeline
Posted
8 minutes ago, amiralam45 said:

No her case is in Embassy and her visa upgraded to IR1 and she has her visa but my son needs a new petition. Thats what embassy told me. My newborn son was scheduled for interview yesterday but due to my citizenship he now needs a new petition. What a shitty law is that.

Contact USCIS to get information on expedite.

You may need to get a congressperson involved to help you. If your wife has visa already and is ready to enter the US, then certainly they can understand that baby cannot be left behind if both parents are going to be in the US.

Of course you need to submit I-130 first before an expedite can occur.

 

 
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