need help once crba denied by us embassy whats next.

[jjohn01688 0]

Hi guys i would need a help regarding crba of my child thats 5 months old.I went to chennai us  embassy with all documents as im the father a us citizen came to india from the age 14 for studies and did not enter usa for a total of 2 years as they are implying in the rules need total 5 years of presence(3 before the age of 14 and 2 after).My wifes green card interview is on may.We would like to take the child also with us.Can someone tell us how can we do that.We are a depressed and sad that what if we cant take her.I cant even imagine that.

[NigeriaorBust 4,087]

   You can't pass your citizenship on but you can petition the baby  and as soon as they are on US soil they become a citizen.  File the I130 , request an expedite and then the child can come.  Your wife can delay travelling until the child gets a visa if the expedite doesn't move fast enough.    

[geowrian 22,337]

57 minutes ago, NigeriaorBust said:

Your wife can delay travelling until the child gets a visa if the expedite doesn't move fast enough.    

Well, only possibly. If she interviews in May, and is approved, then her visa will likely expire before November. The chance of have a new I-130 get through USCIS + NVC + embassy in that timeframe (without an expedite) is quite small IMO. The embassy is likely to expedite in that case, and maybe even NVC, but USCIS is definitely a bigger unknown and is the longest step in the process.

 

It may be better to delay process until they have a better handle on the child's timeline (and hopefully hasn't done the medical yet if the expedite does not go through).

[Mark88 184]

Read this, it should answer all your questions:

 

[geowrian 22,337]

9 hours ago, Mark88 said:

Read this, it should answer all your questions:

 

Would this apply to the OP's situation? That's for the child of a LPR who qualified to transfer LPR status to the child. They just needed a boarding foil to board the aircraft, then became a USC upon entry since they were under care of a USC parent. The key difference here is that the child was actually an LPR at birth, just without evidence of it.

 

In the OP's case, unless I misread something:

1) The mother is not an LPR yet.

2) The child has already been born.

3) The father does not qualify to pass US citizenship at birth.

 

As such, the child derived no US status at birth and therefore needs to be petitioned.

[Mark88 184]

54 minutes ago, geowrian said:

Would this apply to the OP's situation?

 

Yes, if the child is a LPR at some point all information concerning the process, social security and passport are relevant.

 

As such, the child derived no US status at birth and therefore needs to be petitioned.

 

Youc an add the child to the existign petiton.

https://www.nolo.com/legal-encyclopedia/your-relative-had-children-after-i-130-approved-can-they-immigrate-too.html

[geowrian 22,337]

6 minutes ago, Mark88 said:

Youc an add the child to the existign petiton.

https://www.nolo.com/legal-encyclopedia/your-relative-had-children-after-i-130-approved-can-they-immigrate-too.html

That only applies to categories that permit derivatives. The CR-1/IR-1 is in the immediate relative category, which does not permit derivatives.

Edit: More specifically you can add the child to the existing petition fine, but they will not qualify for any immigration benefit from that petition. They require their own petition.

 

From the first paragraph of the link you provided:

"If you are a U.S. citizen or lawful permanent resident (“green card” holder) who wants to bring a relative to the U.S. on a “family preference” visa, you don’t need to file a separate “I-130” visa petition for any children your relative has – you can just list the names of the children on the I-130 that you’re filing for your relative. "

As noted above, a petition for the spouse of a USC falls into the immediate relative category, not family preference category. See also https://www.nolo.com/legal-encyclopedia/when-children-can-immigrate-the-us-with-their-parents-derivatives.html.

Edited April 6, 2018 by geowrian