Newborn (abroad) of LPR Father, USC mother: Visa waiver possible?

[abum 324]

2 hours ago, ThomasNC1988 said:

If you don't come have that baby in America you are a little nuts. If your wife is a USC with no income she will get pregnancy Medicaid and it will cost you basically nothing. I hate to tell someone to use the system but the solution for you is painfully obvious.

never crossed my mind on this. have not looked at the requirements but if our family is in the USA, the obvious thing is that i will have to work, by hook or by crook (though i am not sure what kind of deal i could get - benefit, insurance wise which is worrying) and due to that, i very much doubt our family qualify for medicaid. not having a good coverage especially for pregnancy, is a risk that i want to avoid - (and where i am right  now we have full coverage and good healthcare that we feel we should use - before migrating).

Edited February 27, 2018 by abum

[AshMarty 360]

21 hours ago, abum said:

USC mother did not pass the 5 years in the USA requirement (2 years after the age of 14) - hence my question of getting either a visa waiver or having to petition.

Could you use the grandparents to transition US Citizenship to the child?

 

 https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

 

A. General Requirements: Genetic, Legitimated, or Adopted Child Residing Outside the United States ^[1]

 

The Child Citizenship Act of 2000 (CCA) amended the INA to cover foreign-born children who did not automatically acquire citizenship under INA 320 and who generally reside outside the United States with a U.S. citizen parent. ^[2] 

 

A genetic, legitimated, or adopted child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:

 

•The child has at least one U.S. citizen parent by birth or through naturalization, (including an adoptive parent); ^[3] 

 

•The child’s U.S. citizen parent or citizen grandparent meets certain physical presence requirements in the United States or an outlying possession; ^[4] 

 

•The child is under 18 years of age;

 

•The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and

 

•The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization. 

 

3. Reliance on Physical Presence of Child’s U.S. Citizen Grandparent

If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet the requirement. In such cases, the officer first must verify that the citizen grandparent, the citizen parent’s mother or father, is a U.S. citizen at the time of filing. If the grandparent has died, the grandparent must have been a U.S. citizen and met the physical presence requirements at the time of his or her death.

 

Like in the case of the citizen parent, the officer also must ensure that:

 

•The U.S. citizen grandparent has been physically present in the United States or its outlying possessions for at least five years; and

 

•The U.S. citizen grandparent met such physical presence for at least 2 years after he or she reached 14 years of age. 

Edited February 27, 2018 by AshMarty

[abum 324]

@AshMarty: the grandparents are not USC, so that is not possible. i have looked at all the routes possible, and our child cannot get US citizenship unless if it was done via INA 320 (need to get I-551 for them and they have to stay in the USA with the USC mother - then they can get US passports).