Passport Issue for Child

[thsmuan 4]

Hi,

    I'm US citizen, the petitioner and trying to file the petitions for both my child and wife. My child is just over one year old. So can anyone help me whether my child need a passport in order to apply for I-130?

[payxibka 10,045]

10 minutes ago, thsmuan said:

Hi,

    I'm US citizen, the petitioner and trying to file the petitions for both my child and wife. My child is just over one year old. So can anyone help me whether my child need a passport in order to apply for I-130?

Nobody needs a passport upon submitting a petition.   

 

Is the child already a USC?

[thsmuan 4]

The child is not the USC yet.He is still in abroad.So do my child need a passport once the I-130 petition is sent to NVC? So my initial thought was, since I'm a U.S citizen, the NVC will issue some kind of travel document for my child, correct me if I'm wrong.

[SteveInBostonI130 3,459]

You are her biological parent?

 

If you qualify, you can simply do a Consular Report of Birth Abroad, CRBA.  

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

You need to have been a USC for at least 5 years and have been living in the US for 5 years prior to the birth of your child.

[thsmuan 4]

Can I do Consular Report of Birth Abroad here in US? Yes I'm biological parent and a US citizen.

[payxibka 10,045]

Just now, thsmuan said:

The child is not the USC yet.He is still in abroad.So do my child need a passport once the I-130 petition is sent to NVC? So my initial thought was, since I'm a U.S citizen, the NVC will issue some kind of travel document for my child, correct me if I'm wrong.

You are wrong..  A child born can already be a usc by being a biolgical child of a usc under many circumstances.   You need to look at the requirements of a CRBA.  If approved,  you would then file for  a us passport. 

[payxibka 10,045]

Just now, thsmuan said:

Can I do Consular Report of Birth Abroad here in US? Yes I'm biological parent and a US citizen.

Under certain circumstances.   The preferred is for the usc be present for the CRBA application appointment 

[thsmuan 4]

1 minute ago, payxibka said:

Under certain circumstances.   The preferred is for the usc be present for the CRBA application appointment 

The problem is I'm here in US.I don't know whether I can do it from the State?

[Mike E 11,739]

Your  child might be a US citizen already.  See

 

 https://en.wikipedia.org/wiki/United_States_nationality_law#Through_birth_abroad_to_United_States_citizens 

 

If so, a CRBA is highly recommended in addition to a passport.  
 

Also once in the USA, order a passport card for your child.  Three proofs of US citizenship can be handy.  

Getting  a CRBA in the USA requires the passport office be open. It is closed for the pandemic.  

 

Edited April 17, 2021 by Mike E

[payxibka 10,045]

7 minutes ago, thsmuan said:

The problem is I'm here in US.I don't know whether I can do it from the State?

Do you want your child here?  Then go to the embassy website,  read the requirements and figure it out.   A visa CANNOT  be issued to someone who might have a claim to citizenship.   This needs to be done first 

[payxibka 10,045]

5 minutes ago, Mike E said:

 

Getting  a CRBA in the USA requires the passport office be open. It is closed for the pandemic.  

 

No such thing as a CRBA from inside the USA 

[thsmuan 4]

2 minutes ago, payxibka said:

Do you want your child here?  Then go to the embassy website,  read the requirements and figure it out.   A visa CANNOT  be issued to someone who might have a claim to citizenship.   This needs to be done first 

Thanks for helping me out. If I can do it from the U.S.,I'll be more happy do it from here.But since I'm in the U.S., and because of global pendamic and chaos happening in the country (Burma) that my spouse and child reside, I don't think they can go to the US embassy or consular office.

    Currently I'm talking with an immigrant expert and I am confuse when she said my child have to have a passport in order to file I-130.

[payxibka 10,045]

7 minutes ago, thsmuan said:

Thanks for helping me out. If I can do it from the U.S.,I'll be more happy do it from here.But since I'm in the U.S., and because of global pendamic and chaos happening in the country (Burma) that my spouse and child reside, I don't think they can go to the US embassy or consular office.

    Currently I'm talking with an immigrant expert and I am confuse when she said my child have to have a passport in order to file I-130.

Time to get a new "immigration expert "  This person ain't no expert if the concept of CRBA was never discussed along with insisting the individual have a passport upon petition submission.   The passport isn't required until the visa application is made in the future. 

 

If your wife and child cannot go to the consulate,  then you're SOL as they will both need to attend an interview regardless. 

Edited April 17, 2021 by payxibka

[SteveInBostonI130 3,459]

17 minutes ago, thsmuan said:

The problem is I'm here in US.I don't know whether I can do it from the State?

Please go to the State Dept link I posted:

 

If one parent is not a U.S. citizen or if the U.S. citizen parent who is transmitting citizenship to their child is not present when applying for a CRBA, that parent should complete Form DS-5507 as supporting evidence, and it can be used to list the periods of time they spent in the United States.

[thsmuan 4]

2 minutes ago, payxibka said:

Time to get a new "immigration expert "  This person ain't no expert if the concept of CRBA was never discussed along with insisting the individual have a passport upon petition submission.   The passport isn't required until the visa application is made in the future. 

   She mention CRBA, but she said it should be done as soon as the child was born.And she said since my child is over 2 years old now, I cannot do CRBA anymore and the best way is to get a passport (not U.S passport).