Newborn baby scenario questions

[Nesah 5]

My wife and I have filed an i130 and it is in progress. We would like to start a family but we are not certain about how having a newborn would affect our process. We think that if she were to become pregnant the baby could be due close to the time of her interview. So we are wondering what we would need to do if we have a newborn slightly before the interview and what would happen if we had the baby shortly after the visa approval (what we need to do to bring the baby with her when she comes to the us). Any help, advice, or linked information would be greatly appreciated!

[Lil bear 4,188]

Just now, Nesah said:

My wife and I have filed an i130 and it is in progress. We would like to start a family but we are not certain about how having a newborn would affect our process. We think that if she were to become pregnant the baby could be due close to the time of her interview. So we are wondering what we would need to do if we have a newborn slightly before the interview and what would happen if we had the baby shortly after the visa approval (what we need to do to bring the baby with her when she comes to the us). Any help, advice, or linked information would be greatly appreciated!

If a child is born before entry to the US, the child needs either a US passport following CRBA, or their own visa ( I 130 NVC consulate process.. 2 years for processing) 

Either will take time $$ and more paperwork… 

[Nesah 5]

Thank you for this info. The CRBA is something we hadn’t previously known about but the petitioner is a us citizen born in the us so it does look like it could be a good option for us.

[Mike E 11,739]

7 minutes ago, Nesah said:

Thank you for this info. The CRBA is something we hadn’t previously known about but the petitioner is a us citizen born in the us so it does look like it could be a good option for us.

Before the child was born, did the petitioner have:

1. at least 1830 days of physical presence in the U.S.?
2. since reaching age 14, at least 732 days of physical presence in the U.S.?
3. evidence of 1 and 2 (an example of good evidence is 7 years of social security earnings records, see https://www.ssa.gov/forms/ssa-7050.pdf and order the

   Certified Itemized Statement of Earnings)

If 1 and 2 are true and 3 is not, then this is a big problem: the child is not eligible for I-130 yet CRBA or a U.S. passport legally cannot be issued.

 

If either 1 or 2 are false, then file I-130.

 

 

 

[jan22 3,052]

If you meet the requirements to transmit your US citizenship to your child (5 years of physical presence in the US, 2 of which were after you turned 14, all of which were before the child is born), the baby must be documented as a US citizen rather than trying to get an immigrant visa. Employment records are becoming less useful, as they usually prove you worked for a company that was in the US, but you could have worked overseas (although that, at times, may also count depending on the employer).  But, with the growth of remote work, especialy post-COVID, it becomes more difficult to determine physical presence through employment records.  School transcripts or grade cards that show presence over time (especially high school and university) as opposed to just diplomas which can be earned on-line, medical records (especially vaccination records), housing (e.g., rental or Iease agreements) and/or utility records, credit card records, etc can all prove useful in conjunction with the employment records.

 

If you do not meet the citizenship transmission requirements, and the baby is born before your wife's immigrant vIsa is issued, you must file a new I-130 for him/her and get an immigrant visa.  You can request expedites for both the USCIS and State Department portions of the process, but they may or may not be approved.

 

However, if you can't transmit US citizenship and the baby was born after your wife's visa was issued but before she traveled to the US, the baby would not require a visa, only a birth certificate or other proof of parentage.  (See 9 FAM 201.2-3 (b)(1) and (b)(4) at:

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

[Mike E 11,739]

13 minutes ago, jan22 said:

Employment records are becoming less useful, as

And yet DoS still asks for social security records. 
 

13 minutes ago, jan22 said:

 

they usually prove you worked for a company that was in the US, but you could have worked overseas

Hoof beats horses zebras …

 

13 minutes ago, jan22 said:

(although that, at times, may also count depending on the employer).  But, with the growth of remote work, especially post-COVID,

Fortunately most U.S. citizens with work history have work history that predates March 1, 2020. 

 

13 minutes ago, jan22 said:

it becomes more difficult to determine physical presence through employment records.  School transcripts or grade cards that show presence over time (especially high school and university) as opposed to just diplomas which can be earned on-line, medical records (especially vaccination records),

Except that most k-12 kids during Covid era attended via zoom. 
 

So I infer from this a prediction that in the future, few will be able to transmit citizenship

 

13 minutes ago, jan22 said:

housing (e.g., rental or Iease agreements) and/or utility records, credit card records, etc can all prove useful in conjunction with the employment records.

A pedantic CO could argue that proves nothing. 

 

Whereas reasonable COs will apply critical thinking and a standard of proof that is less severe than beyond a shadow of doubt.  Otherwise  the only people who would be able to transmit citizenship to child born over seas would be those sentenced 5 years to a super max.   Or those who waited 5 years for I-485 to be approved and can prove they didn’t get advance parole though an FOIA. There are probably others.  
 

 

13 minutes ago, jan22 said:

 .

 

However, if you can't transmit US citizenship and the baby was born after your wife's visa was issued but before she traveled to the US, the baby would not require a visa, only a birth certificate or other proof of parentage.  (See 9 FAM 201.2-3 (b)(1) and (b)(4) at:

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

Interesting and TIL. Just checked the CBP carrier information guide and there it is.  Passport is required in addition to birth certificate.

 

This explains some cases I’ve seen where some claim to have been brought to the USA legally without papers by LPR parents and are now living as illegal aliens. I wonder what percentage of parents fail to follow through with I-130/I-485 in these scenarios. It won’t surprise me if the answer is more than 50 percent.  

 

 

 

 

[jan22 3,052]

1 hour ago, Mike E said:

And yet DoS still asks for social security records. 
 

Hoof beats horses zebras …

 

Fortunately most U.S. citizens with work history have work history that predates March 1, 2020. 

 

Except that most k-12 kids during Covid era attended via zoom. 
 

So I infer from this a prediction that in the future, few will be able to transmit citizenship

 

A pedantic CO could argue that proves nothing. 

 

Whereas reasonable COs will apply critical thinking and a standard of proof that is less severe than beyond a shadow of doubt.  Otherwise  the only people who would be able to transmit citizenship to child born over seas would be those sentenced 5 years to a super max.   Or those who waited 5 years for I-485 to be approved and can prove they didn’t get advance parole though an FOIA. There are probably others.  
 

 

Interesting and TIL. Just checked the CBP carrier information guide and there it is.  Passport is required in addition to birth certificate.

 

This explains some cases I’ve seen where some claim to have been brought to the USA legally without papers by LPR parents and are now living as illegal aliens. I wonder what percentage of parents fail to follow through with I-130/I-485 in these scenarios. It won’t surprise me if the answer is more than 50 percent.  

 

 

 

 

I'm not sure why my suggestions have caused such an extreme, somewhat hostile and condescending,  response.  I did not say employment records were not good evidence; rather, I was suggesting the importance of supplying additional evidence along with the employment records. The consular officer is looking for a preponderance of the evidence (not "proof beyond a reasonable doubt") to make their determination -- supplying various sources of documentation instead of just one type has long been suggested and can provide a better picture for the officer.  It is better to be prepared with as much information as you can instead of having a CBRA held up for needing more documentation, IMO.

 

The issue of overseas or remote work not counting as physical presence pre-dates COVID and has resulted in further documentation requests for years (yes, even before March 1, 2020).  I merely pointed out it may become more of an issue.  And, especially with all the restrictions on international travel, there will not be an issue of someone saying that zooming into a high school class in the US instead of sitting in a classroom during COVID closures -- where you were likely already a student when the shut-downs occurred -- does not document  physical presence. 

 

I cannot see where anything I suggested would result in a conclusion that fewer CRBAs will be issued.  On the contrary -- with more complete documentation, it should result in more CRBAs being issued without delays.  I see no need reason to alarm people by drawing that extreme conclusion.

 

Regarding the baby being born after the mother's IV was issued -- there is no requirement that the parents then file an I-130/I-485 after the mother and baby enter the US (with or without a passport waiver along with the visa waiver for the baby -- sorry I wasn't clear about that part -- even with a passport (if no passport waiver is requested/approved), the mother must still show proof of parentage (both parents) along with the passport).  The baby would be admitted at the POE as a Legal Permanent Resident and get a green card without filing those documents.

Edited December 4, 2022 by jan22

[TBoneTX 45,266]

Folks, when jan22 talks about consular and eligibility issues, pay very close attention.  Trust in this.

[Family 3,988]

7 hours ago, Mike E said:

This explains some cases I’ve seen where some claim to have been brought to the USA legally without papers by LPR parents and are now living as illegal aliens. I wonder what percentage of parents fail to follow through with I-130/I-485 in these scenarios. It won’t surprise me if the answer is more than 50 percent.  

This is actually a frequent occurrence for POE borders w Mexico and the newborns  admitted ( w visa and passport waivers)  often had their I-551 stamp in the LPR mothers Mexican passport or were given a paper I-94 w stamp. 

 

https://help.cbp.gov/s/article/Lawful-Permanent-Resident-Child-Born-Abroad-Does-my-child-need-a-visa?language=en_US

Upon entry, the child's passport will be stamped “temporary I-551,” and Customs and Border Protection (CBP) officials at the port of entry will complete and issue a Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence. CBP officials at the port of entry will submit the Form I-181, Form I-89 (biometric information), and a copy of the child's birth certificate to U.S. Citizenship and Immigration Services (USCIS) so that a Form I-551 for the child may be produced.

[iwannaplay54 985]

8 hours ago, jan22 said:

If you meet the requirements to transmit your US citizenship to your child (5 years of physical presence in the US, 2 of which were after you turned 14, all of which were before the child is born), the baby must be documented as a US citizen rather than trying to get an immigrant visa. Employment records are becoming less useful, as they usually prove you worked for a company that was in the US, but you could have worked overseas (although that, at times, may also count depending on the employer).  But, with the growth of remote work, especialy post-COVID, it becomes more difficult to determine physical presence through employment records.  School transcripts or grade cards that show presence over time (especially high school and university) as opposed to just diplomas which can be earned on-line, medical records (especially vaccination records), housing (e.g., rental or Iease agreements) and/or utility records, credit card records, etc can all prove useful in conjunction with the employment records.

 

If you do not meet the citizenship transmission requirements, and the baby is born before your wife's immigrant vIsa is issued, you must file a new I-130 for him/her and get an immigrant visa.  You can request expedites for both the USCIS and State Department portions of the process, but they may or may not be approved.

 

However, if you can't transmit US citizenship and the baby was born after your wife's visa was issued but before she traveled to the US, the baby would not require a visa, only a birth certificate or other proof of parentage.  (See 9 FAM 201.2-3 (b)(1) and (b)(4) at:

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

School transcripts and unaltered cancelled passports worked nicely

 

[Mike E 11,739]

@Nesah I gave you advice to get a detailed social security record. 
 

You should take a look at https://www.visajourney.com/forums/topic/769109-i-successfully-got-crba-and-passport-for-my-baby/ where the U.S. citizen parent provided just the basic online earnings record from SSA.gov, IRS tax transcripts (online, IME only the last 3-4 years are available, passport stamps, and a college degree).  That seems like a reasonable standard of evidence, though every consulate and consular officer is different.  
 

 

 

 

 

 

 

 

[iwannaplay54 985]

5 minutes ago, Mike E said:

@Nesah I gave you advice to get a detailed social security record. 
 

You should take a look at https://www.visajourney.com/forums/topic/769109-i-successfully-got-crba-and-passport-for-my-baby/ where the U.S. citizen parent provided just the basic online earnings record from SSA.gov, IRS tax transcripts (online, IME only the last 3-4 years are available, passport stamps, and a college degree).  That seems like a reasonable standard of evidence, though every consulate and consular officer is different.  
 

 

 

 

 

 

 

 

Good advice

[Nesah 5]

Thank you all for the feedback. We are much more informed on what to do in the event we would successfully add to our family!