b2 visa for infant child with usc mother and father recently approved b2 visa after abandonment of greencard

[Rahuleshaa87 2]

9 minutes ago, aaron2020 said:

Excellent post.

There are no conflicting laws between the US and India.  Both allows the child to have dual citizenship.

If the child is a US citizen, the child will need a CRBA and a US passport.  The child would not qualify for a B-2 visa.

There is no "he's not a US citizen" but we'll claim it later with an N-600.  At birth, he's either a USC or not.

 

Trying to get a B-2 visa for a US citizen would be breaking the law.

 

 

SHe is not able to pass citizenship as she does not have 5years of physical presence in usa.But her grandparents does have it.For N600k route one would need a b2 visa.

[lummo 61]

7 minutes ago, aaron2020 said:

Trying to get a B-2 visa for a US citizen would be breaking the law.

Exactly. 1 of many issues is that OP and OP's wife will be lying on the child's info for the DS-160 concerning nationality and other nationalies of the child; page 5 https://travel.state.gov/content/dam/visas/PDF-other/DS-160_Example.pdf

[Rahuleshaa87 2]

3 minutes ago, lummo said:

Exactly. 1 of many issues is that OP and OP's wife will be lying on the child's info for the DS-160 concerning nationality and other nationalies of the child; page 5 https://travel.state.gov/content/dam/visas/PDF-other/DS-160_Example.pdf

But how would he be a us national if he does not have any proof of the same.There is no document to prove that.He is not issued any usa crba or passport and my wife does not qualify for physical presence in usa.

[Boiler 45,499]

I have certainly seen it elsewhere that you have to go through CRBA first and then with a denial apply for a B2.

[lummo 61]

13 minutes ago, Rahuleshaa87 said:

SHe is not able to pass citizenship as she does not have 5years of physical presence in usa.But her grandparents does have it.For N600k route one would need a b2 visa.

If that's the case then the consulate can issue a B-2 for the N-600K interview and ceremony, but you will still have to show intent for the child to return to India (INA 214(b) requirement for B-2); https://fam.state.gov/fam/09fam/09fam040202.html:

Quote

Naturalization is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child's intended naturalization, however, does not exempt the child from the requirements of INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, whereas a child whose parents habitually reside in the United States will not.

 

Edited December 12, 2018 by lummo

[jan22 3,055]

7 hours ago, Rahuleshaa87 said:

SHe is not able to pass citizenship as she does not have 5years of physical presence in usa.But her grandparents does have it.For N600k route one would need a b2 visa.

Just to clarify -- it is your wife's parent/parents that must meet the physical presence requirement to transmit US citizenship to your child (i.e., your child's grandparent), not your wife's grandparents.  It wasn't clear from your post when said "her grandparents" who the "her" referred to and who, exactly, met the requirement, so I wanted to clarify it.

 

You only need the B2 after the N600K application has been submitted (which needs to be done prior to your child's 18th birthday), preliminarily approved, and an interview (to be done in the US) is scheduled.  The child can be isued a B2 visa for that because, until the interview is done and the N600K is approved, the child is not automatically considered a US citizen.