Petitioning Child (I am a US citizen by birth)

[TM92 527]

16 hours ago, aapostol said:

I'm a little overwhelmed with the process and requirements. Any tips/suggestions/experiences would be helpful. Thank you!!

Your son will need an IR-2 visa, "Unmarried Child Under 21 Years of Age of a U.S. Citizen": https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html#1

Here is a guide: http://www.visajourney.com/content/childpet

Assuming your son will be under 18 on the day he enters the US, and he resides in your physical and legal custody at that time, then he will become a US citizen under the Child Citizenship Act that same day he enters. After his US entry, you can choose to obtain a Certificate of Citizenship for him by filing an N-600 (https://www.uscis.gov/n-600) at a cost of $1,170, or you can jump directly to obtaining a US passport for him. To go straight to a passport, go to https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html and select the heading "How does the child get a passport..." and this will explain what to do and the documents you need. For the N-600, even USCIS says it's optional, https://www.uscis.gov/forms/n-600-application-certificate-citizenship-frequently-asked-questions:

Quote

I already have a U.S. passport issued by the Department of State. Am I required to file a Form N-600 for a Certificate of Citizenship?

No. You are not required to file a Form N-600 for a Certificate of Citizenship. The Certificate of Citizenship is an optional form. A validly issued U.S. passport generally serves as evidence of your U.S. citizenship during its period of validity unless that passport has been revoked by the Department of State. However, you may be required to submit your Certificate of Citizenship when attempting to apply for certain other benefits, including, but not limited to:

• Social Security benefits
• State issued ID including a Driver’s License or Learning Permit
• Financial Aid
• Employment
• Passport Renewal

In his case, you do NOT need to pay the USCIS Immigrant Fee. You will still get a boilerplate letter from USCIS stating that you should pay for his green card. You can disregard that letter.

[Pennycat 880]

15 hours ago, Jorgedig said:

Really????    That makes ZERO sense.

I thought I heard it explained once that it has to do with there not being a father whose citizenship the child could get. So if the child is born in a country that doesn't do birthright citizenship, with an unknown father and the mother is a US citizen (but had only lived in the US for a short period of time), the child could still be a USC by birth. But honestly, that's so convoluted and even that doesn't make so much sense and there's a whole lot of "ifs" that I think it makes more sense that they put it in line with the other rules for USC by birth.

[abum 324]

File for IR2 visa. well petition for the child first. I-130 which USCIS will set it to be IR2. the petition would take around 6-9 months for approval. and then to get an interview date, would take another 2-4 months. all in all, prepare for 12-14 months to get the immigrant visa in hand for the child.

 

Though make sure you have the documents ready (mainly to show your relationship with the child, your US residency and domicile). 

 

For Affidavit of Support, you must use I-864W (exemption) as the child will be a USC upon entry to the USA with an immigrant visa (which renders the child LPR and thus automatically USC should the child stay with the USC parent).

 

it should be straightforward. not that difficult of a process compared to spouse petitions.