Applying for Daughter of US Born Citizen

[LBorokoff 0]

Hi Everyone (First Time Poster Here, so be gentle!)

I am recently married to a US Citizen and together we have a daughter who is 10 months old and born in Canada (where I'm from) I'm in the process of applying using the I-130 as I am currently in the US with my daughter & husband. I think I have it all worked out regarding my application, however, i'm a wee bit confused in applying for her.

I understand I need to file a I-130 for my daughter and submit it with my application. Do I also need to file a I-485 to apply for her to be a permanent resident, or should I do this after the I-130 is approved? Also, we are hoping to travel back to Canada for the christmas holidays, so I am applying for advance parole for my myself. Should I also apply for her??

Also, on the I-485 form, what do I put for the Application Type? It doesn't really seem like any of the options apply to me. Should I just fill in option h. Other and write something like - Applying to register for Permanent Residence??

Ohh.. and what the heck is an A#? I see it all over the applications but I don't have one (I don't think)

Thank You!

-L

[YuAndDan 153]

Is one of your daughter's biological parents an American citizen?

If one of the daughter's biological parents is a US citizen, why not register her birth at the consulate, and claim US citizenship for her, she then can enter the USA on a US passport, and no need to file N-600 and pay big fee for it.

SEE:

http://travel.state.gov/family/family_issu.../birth_593.html

http://www.uscis.gov/files/article/A4.pdf

Edited July 17, 2007 by YuAndDan

[LBorokoff 0]

Thanks for the details. Her father is a US Citizen and I (her mom) is a Canadian Citizen. She was born in Canada and her dad was not present at the time, therefore we were unable to make it to the consulate to file for her. We (her and I) are both in the US now with her father, so I don't think we can follow the route of applying through the Consulate in Toronto.

If there is any easier way to apply for her other than the I-130, I would love to hear it

[YuAndDan 153]

Thanks for the details. Her father is a US Citizen and I (her mom) is a Canadian Citizen. She was born in Canada and her dad was not present at the time, therefore we were unable to make it to the consulate to file for her. We (her and I) are both in the US now with her father, so I don't think we can follow the route of applying through the Consulate in Toronto.

If there is any easier way to apply for her other than the I-130, I would love to hear it

You probably still register her as a US Citizen in the USA by filing N-600 with proof that her father is a US citizen.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[trailmix 77]

Thanks for the details. Her father is a US Citizen and I (her mom) is a Canadian Citizen. She was born in Canada and her dad was not present at the time, therefore we were unable to make it to the consulate to file for her. We (her and I) are both in the US now with her father, so I don't think we can follow the route of applying through the Consulate in Toronto.

If there is any easier way to apply for her other than the I-130, I would love to hear it

Hi Welcome!

As you thought, your Daughter probably can't just file the N-600:

Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?

No. Only a child who acquired citizenship at birth can get a birth certificate from an embassy or consulate.

Requirements for citizenship:

Have at least one American citizen parent by birth or naturalization;

Be under 18 years of age;

Live in the legal and physical custody of the American citizen parent; and

Be admitted as an immigrant for lawful permanent residence.

My Sister (American/Canadian Citizen) is basically going through the same process you are right now (ie: Spouse is a Canadian and child was born in Canada, they all live in the U.S.).

From what we understood and upon research she has filed all of the forms for her Husband and Son per the guidelines for any I-130 immediate relative immigrant. Once her Son is admitted as a permanent resident she can and will acquire his certificate of citizenship by using the N-600.

Should also mention that there is a Canadian specific forum here too, it's near the bottom of the main forums list under Regional Discussion/Sub Forums (very helpful when you need info that other Canadians are probably familiar with and just friendly in general!).

Hope this helps!

[trailmix 77]

Just realized I meant to add this also:

For more details you can click on the Tab at the top of this page called "Guides" and choose US Citizen and Spouse both live/reside in the US:-----o I-130 Petition and Adjustment of Status Guide

(generally you file everything together).

The A number is the Alien registration number I believe (I'm not sure what the criteria is for having/not having one).

I don't know the answer to the advance parole for your Daughter question

[LBorokoff 0]

Here's a final question ( I checked the CDN boards and didn't see an answer) but...

What Application Type (Part 2) do I put on my I-485? It doesn't look like any of them apply to me or my daughter

[trailmix 77]

Here's a final question ( I checked the CDN boards and didn't see an answer) but...

What Application Type (Part 2) do I put on my I-485? It doesn't look like any of them apply to me or my daughter

Hi,

Have a look at this posting, it might help clarify that for you. I think you should choose 'A' but if you are unsure of anything I would give the USCIS a call (and if you aren't comfortable with the answer you are given, keep calling until you get someone who sounds like they know what they are talking about).

http://www.visajourney.com/forums/index.ph...t&p=1019347

[lucyrich 20]

Assuming the father has lived in the US for at least five years, then according to what you've described, your daughter is a US Citizen, and has been since birth. US Citizens are not eligible to apply for adjustment of status, and can't be the beneficiaries of an I-130. Nor is she eligible for naturalization. You just have to document her existing citizenship, instead of applying for something new.

Just file the N-600. If you're in the US currently, you can't file it at the consulate, but you can file it at the USCIS service center serving your jurisdiction.

She's a US Citizen according to INA 301(g) because she is a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years

The fact that her father was not present at the birth is irrelevant to the issue of whether she is a citizen.

[lucyrich 20]

I just noticed the following, as well. Depending on your purposes, you might want to bypass the entire USCIS and just apply directly for a US passport for your daughter.

From the "how to apply for a passport" page at http://www.travel.state.gov/passport/get/f.../first_830.html:

If you were born abroad AND do not have a Consular Report of Birth Abroad or Certificate of Birth on file, you will need:

If you claim citizenship through birth abroad to one U.S. citizen parent:

* Foreign birth certificate,

* Proof of citizenship of your U.S. citizen parent, AND

* An affidavit of your U.S. citizen parent showing all periods and places of residence or physical presence in the United States and abroad before your birth.

[trailmix 77]

You make a good point. The OP's original question doesn't mention the time of residency for her husband, I shouldn't have assumed that they had already looked at the parameters for acquiring U.S. citizenship.

I note in a later post that she is sending in an adjustment of status for her child.

Edited August 2, 2007 by trailmix