How to add a derivative after DQ?

[Ahava 23]

Hello,

I am Permanent resident filed I 130 for my wife back in 2019. My case is currently at NVC(DQ since June 2020). Last month I requested an expedite but not approved.

My wife is pregnant nearing term and I am wondering what the visa process is when a child is born after NVC DQ?

Thank you!

[HRQX 4,145]

4 minutes ago, Ahava said:

I am wondering what the visa process is when a child is born after NVC DQ?

You inform whoever has the case (NVC or the embassy) at that time. The child will also get F2A as a derivative.

[Ahava 23]

54 minutes ago, HRQX said:

You inform whoever has the case (NVC or the embassy) at that time. The child will also get F2A as a derivative.

thank you for replying.

so, no need to file I 130 for the child at all?

[HRQX 4,145]

53 minutes ago, Ahava said:

so, no need to file I 130 for the child at all?

The one you already filed should suffice if you are still a LPR (i.e. not a US citizen) when they immigrate. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html "the family second preference (F2) petition where a child is included..." Also see: https://www.nolo.com/legal-encyclopedia/your-relative-had-children-after-i-130-approved-can-they-immigrate-too.html

 

But just to confirm: do you currently have a pending Form N-400 for naturalization? If yes, how much physical presence time do you have in the US (in case you take the naturalization oath before the child is born)? https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html "Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship." "The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the United States."

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

Child Born Abroad in Wedlock to a U.S. Citizen and an Alien

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)).

 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

Edited April 14, 2021 by HRQX

[Ahava 23]

On 4/14/2021 at 1:22 AM, HRQX said:

The one you already filed should suffice if you are still a LPR (i.e. not a US citizen) when they immigrate. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html "the family second preference (F2) petition where a child is included..." Also see: https://www.nolo.com/legal-encyclopedia/your-relative-had-children-after-i-130-approved-can-they-immigrate-too.html

 

But just to confirm: do you currently have a pending Form N-400 for naturalization? If yes, how much physical presence time do you have in the US (in case you take the naturalization oath before the child is born)? https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html "Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship." "The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the United States."

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

Child Born Abroad in Wedlock to a U.S. Citizen and an Alien

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)).

 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

Hi HRQX, i hope you are well.

I just have a quick question following our discussion above. 

So, after my child comes here as a derivative, what will her status be?

My n400 is still pending and i guess it will stay like that for a while specifically for seattle. 

But when they are here, should i apply through n600 right after i get my citizenship or what are the general status and scenarios for derivatives?

Thanks in Advance!

[HRQX 4,145]

11 hours ago, Ahava said:

So, after my child comes here as a derivative, what will her status be?

Permanent resident

11 hours ago, Ahava said:

should i apply through n600 right after i get my citizenship

That is an option. Another option is to just apply for a US passport for the child: https://www.uscis.gov/forms/all-forms/n-600-application-for-certificate-of-citizenship-frequently-asked-questions "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."

 

Process for US passport: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

[Ahava 23]

1 hour ago, HRQX said:

Permanent resident

That is an option. Another option is to just apply for a US passport for the child: https://www.uscis.gov/forms/all-forms/n-600-application-for-certificate-of-citizenship-frequently-asked-questions "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."

 

Process for US passport: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

Thank you so much! I appreciate you for detailed response.

[Ahava 23]

Hello Everyone, i am wondering if it is possible to add a derivative(new born) after DQ to F21 catagory? If so, how is it done? 

 

 

 

Thanks,

[PaulaCJohnny 713]

2 hours ago, Ahava said:

 

 

Edited June 5, 2021 by Paula&Johnny

[Ahava 23]

15 minutes ago, Paula&Johnny said:

 

Thanks,

No, both non citizens. It is F2A visa class which a derivative is allowed.

[Ahava 23]

On 5/28/2021 at 11:37 AM, Ahava said:

Thank you so much! I appreciate you for detailed response.

Hello HRQX

First of all thank you for your accurate and breif responses. 

I posted a question earlier but haven't found relevant responses yet. I would just ask you here.

 

I am just getting ready to add my newborn as derivative.

 

1. The case is still at NVC. Is it possible to add derivative after DQ? Will the derivative reqiure Ds 260/fee separately?

We have been DQ since June 2020. 

 

2. Can doing so through CEAC and working with NVC again put us back from our que?

 

Thank you in advance!

[Penguin_ie 5,993]

***** two threads on the same issue merged.  Please do not start more than one th4read on a question.  If you have more info or follow on questions, add them as a reply to this thread *****

[Ahava 23]

On 5/28/2021 at 10:02 AM, HRQX said:

Permanent resident

That is an option. Another option is to just apply for a US passport for the child: https://www.uscis.gov/forms/all-forms/n-600-application-for-certificate-of-citizenship-frequently-asked-questions "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."

 

Process for US passport: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

Hello HRQX

First of all thank you for your accurate and breif responses. 

I posted a question earlier but haven't found relevant responses yet. I would just ask you here.

 

I am just getting ready to add my newborn as derivative.

 

1. The case is still at NVC. Is it possible to add derivative after DQ? Will the derivative reqiure Ds 260/fee separately?

We have been DQ since June 2020. 

 

2. Can doing so through CEAC and working with NVC again put us back from our que?

 

Thank you in advance!

[HRQX 4,145]

2 hours ago, Ahava said:

The case is still at NVC. Is it possible to add derivative after DQ?

You can call or send a message to NVC to add the newborn: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html

2 hours ago, Ahava said:

Will the derivative reqiure Ds 260/fee separately?

After the newborn is added, submit a DS-260 for the newborn and pay the associated DS-260 fee.

[Ahava 23]

22 minutes ago, HRQX said:

You can call or send a message to NVC to add the newborn: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html

After the newborn is added, submit a DS-260 for the newborn and pay the associated DS-260 fee.

Thank you so much! I appreciate it.

 

Do you think if the system will put the case in the same que as it was or we will loose our current que for interview? If it faster to do the process when the case is at the Embassy, then may be wait!?