What paperwork to file for my child? (merged)

[Acslate 4]

This is the situation. My wife and I were still in immigration process when my baby was born in Rome, Italy. I tried to set up an appointment with the US embassy there. I couldn't file any appointment at the time because of covid.

 

Fast forward, we instead got my daughter an Italian passport. It was a mistake apparently, now my daughter is like an attachment of my wife's green card with a status 3. Basically the immigration customs made it where I can't get any benefits for my daughter. I can't make my daughter a dependent either. At this point, I'm lost what to do what paperwork to file and where to send it to? I read the ucis but it's really vague. I could use some help so I can make my daughter an American citizen.

[Family 4,065]

51 minutes ago, Acslate said:

This is the situation. My wife and I were still in immigration process when my baby was born in Rome, Italy. I tried to set up an appointment with the US embassy there. I couldn't file any appointment at the time because of covid.

 

Fast forward, we instead got my daughter an Italian passport. It was a mistake apparently, now my daughter is like an attachment of my wife's green card with a status 3. Basically the immigration customs made it where I can't get any benefits for my daughter. I can't make my daughter a dependent either. At this point, I'm lost what to do what paperwork to file and where to send it to? I read the ucis but it's really vague. I could use some help so I can make my daughter an American citizen.

I will assume you were a US Citizen when your child was born, and she entered as an LPR .

Apply for a US passport for your child and also file N-600.  Take your time, prepare well so there are no mistakes . Do the US passport first , complete with evidence of your ( US Citizen parents physical presence in the US prior to the child’s birth) Examples ( Social Security Earnings Statement , Tax returns with copies of W-2 , records of employment/ school , DMV licenses , leases , bank/credit accounts ….etc) 

 

Once you get US passport, use copy of same evidence to apply for N-600. You only get one chance to apply for N-600, do it well. But if you already obtained the US passport, you are a sure shot for approval.

If you are struggling financially and meet the fee waiver poverty guidelines, you can send in I-912/ Fee Waiver with the N-600 , but they are very strict on thorough documentation of financial evidence and a little slow in reviewing fee waiver , but it can be done. 

https://www.usa.gov/passport

 

https://www.uscis.gov/n-600

 

In bocca Al Lupo!

 

[Acslate 4]

1 hour ago, Family said:

I will assume you were a US Citizen when your child was born, and she entered as an LPR .

Apply for a US passport for your child and also file N-600.  Take your time, prepare well so there are no mistakes . Do the US passport first , complete with evidence of your ( US Citizen parents physical presence in the US prior to the child’s birth) Examples ( Social Security Earnings Statement , Tax returns with copies of W-2 , records of employment/ school , DMV licenses , leases , bank/credit accounts ….etc) 

 

Once you get US passport, use copy of same evidence to apply for N-600. You only get one chance to apply for N-600, do it well. But if you already obtained the US passport, you are a sure shot for approval.

If you are struggling financially and meet the fee waiver poverty guidelines, you can send in I-912/ Fee Waiver with the N-600 , but they are very strict on thorough documentation of financial evidence and a little slow in reviewing fee waiver , but it can be done. 

https://www.usa.gov/passport

 

https://www.uscis.gov/n-600

 

In bocca Al Lupo!

 

My daughter has no Social Security Number. How can we file for U.S. Passport if she has no Social Security Number? That is our biggest problem at the moment. As for LPR, she is technically a permanent resident because of my wife but my daughter is attached to her green card. I'm an U.S Citizen but my wife is Italian. 

[Family 4,065]

2 minutes ago, Acslate said:

My daughter has no Social Security Number. How can we file for U.S. Passport if she has no Social Security Number? That is our biggest problem at the moment. As for LPR, she is technically a permanent resident because of my wife but my daughter is attached to her green card. I'm an U.S Citizen but my wife is Italian. 

Your wife and child entered the US and each had a stamp in their OWN passport that shows entry date as LPR? 
When did they enter the US?
Did they receive their physical green card yet? 

[Family 4,065]

Your child entered as an LPR if she was issued the Immigrant Visa in her Italian passport and given an I-551 stamp at entry. Read and or type what you see in child’s passport. 
The “attached to “ wife’s green card statement is confusing you a bit , as is your statement that child is “ technically “ an LPR. Part of that may be that you filed I-864 for the child instead of I-864 W and maybe did not mark the correct box in DS-260 of the child requesting a Social Security number….BUT none of that is relevant to the immediate solution and your next steps.
 

To obtain a Social Security Number immediately, you can walk in to ANY Social Security Office and show passport and I-551 stamp along with birth certificate.

[Family 4,065]

Of course IF your wife WAS already an LPR and she was “visiting “ in Italy and gave birth to your daughter there, she could have brought the child in as you say “ attached “ to her card

https://fam.state.gov/fam/09FAM/09FAM020102.html

 

But , Madonna Santa, you are making me work so hard at this! Lol 

 

Solution is still the same, go to Social Security Office, take mom and child’s passports and green card ( if any) and thy will give a number. 
Then do US passport and N-600. 

[Acslate 4]

22 minutes ago, Family said:

Your wife and child entered the US and each had a stamp in their OWN passport that shows entry date as LPR? 
When did they enter the US?
Did they receive their physical green card yet? 

My wife received her green card. They entered the U.S. this March. So, the stamp as LPR can be qualification for receiving a passport for my daughter? 

[Acslate 4]

13 minutes ago, Family said:

Your child entered as an LPR if she was issued the Immigrant Visa in her Italian passport and given an I-551 stamp at entry. Read and or type what you see in child’s passport. 
The “attached to “ wife’s green card statement is confusing you a bit , as is your statement that child is “ technically “ an LPR. Part of that may be that you filed I-864 for the child instead of I-864 W and maybe did not mark the correct box in DS-260 of the child requesting a Social Security number….BUT none of that is relevant to the immediate solution and your next steps.
 

To obtain a Social Security Number immediately, you can walk in to ANY Social Security Office and show passport and I-551 stamp along with birth certificate.

We did go in a Social Security Office to obtain one for our daughter. The lady told us go to USCIS. I feel we are being treated and given the ring around. I think we need to go another Social Security Office then and get a different answer. 

[Mike E 11,741]

29 minutes ago, Acslate said:

My daughter has no Social Security Number. How can we file for U.S. Passport if she has no Social Security Number? That is our biggest problem at the moment. As for LPR, she is technically a permanent resident because of my wife but my daughter is attached to her green card. I'm an U.S Citizen but my wife is Italian. 

1. She is a U.S. citizen not an LPR 

 

2. U.S. citizens are not required to have SSNs when applying for a passport.  Thousands of citizens with passports don’t have an SSN.  
 

3. if a U.S. citizen has an SSN they are required to disclose their SSN when applying for a passport.

 

4. Did you have 5 years (5 * 366 = 1,830 days) of physical presence in the USA before your child was born?  

[Family 4,065]

15 minutes ago, Acslate said:

We did go in a Social Security Office to obtain one for our daughter. The lady told us go to USCIS. I feel we are being treated and given the ring around. I think we need to go another Social Security Office then and get a different answer. 

When you go to the social Security Office, don’t take no for an answer and politely as for Supervisor. Print their own regulations and show this link , you will see the Temporary I-551 Stamp listed. They must process her 1st as LPR and later you can go in and update once US Citizenship is established ON PAPER ( lol) i.e. passport/ N-600

 

https://secure.ssa.gov/poms.nsf/lnx/0110211025

[Acslate 4]

45 minutes ago, Family said:

When you go to the social Security Office, don’t take no for an answer and politely as for Supervisor. Print their own regulations and show this link , you will see the Temporary I-551 Stamp listed. They must process her 1st as LPR and later you can go in and update once US Citizenship is established ON PAPER ( lol) i.e. passport/ N-600

 

https://secure.ssa.gov/poms.nsf/lnx/0110211025

My daughter's greed card category is "NA 3" stamped in her passport. 

[GiovannaSan 2]

Ciao a tutti!!

I'm Acslate wife, I figured to make a post too so I can help clarify (thank you so much for your answers guys, much appreciated).

So I am a LPR, I entered the country at the end of March 2022 with my visa, and a few weeks later I was mailed the Social Security Card and Green Card. So far so good.

On the contrary our born-in-Italy daughter (who at the moment of the entry in US only held an Italian passport, cause we did not apply for her US citizenship) was granted a NA3 green card by the CBP, at the airport, right after our landing.

We never received any other card for her, only the paper handed to me at the airport.

Now we are trying to figure out which steps to take to get her situated. 

What we got to do to get her US citizenship? My husband is a US citizen and can give proof of 5 years residence in the US.

As far as the SSN is concerned, we have been to multiple offices in our area and they all denied SSN issuance based on the category of the baby's green card.

We will follow your suggestion and insist again to some other office. Grazie

 

 

[nastra30 2,295]

2 hours ago, Acslate said:

My daughter's greed card category is "NA 3" stamped in her passport. 

A child born abroad to LPR who is seeking to enter the US within 2 years of birth with the LPR does not need a visa to enter the US. That's category NA 3 [8 C.F.R. §§ 211.1(b)(2)]

However, upon entering the US the child's passport (without a visa) should be stamped with a temporary I-551 stamp.

So as a USC, if you meet the 5 year physical presence requirement your child is now automatically a USC. You don't need a SSN to apply for a passport. Go to the post office and apply a passport for her ASAP.

[GiovannaSan 2]

18 minutes ago, nastra30 said:

A child born abroad to LPR who is seeking to enter the US within 2 years of birth with the LPR does not need a visa to enter the US. That's category NA 3 [8 C.F.R. §§ 211.1(b)(2)]

However, upon entering the US the child's passport (without a visa) should be stamped with a temporary I-551 stamp.

So as a USC, if you meet the 5 year physical presence requirement your child is now automatically a USC. You don't need a SSN to apply for a passport. Go to the post office and apply a passport for her ASAP.

Thank you so much 🙂

[Chancy 6,242]

*** Moved from Bringing Family of USC forum to Passports sub-forum -- child is already in the US; topic is about US citizenship document for minor child of USC ***