Hi folks

I am (a USC) filing i-130 peittion for my newly born child who does not have a claim to US citizenship because I do not fulfill residency requirement (i.e. 5 years of US residency).


Following the child immigration guide on VJ states as to what happens after filing I-130 for a minor child.



My assumptions after reading this are

1. Minor child immigration (for a USC) requires only filing i-130 petition only
2. I do not need to file a separate application for immigration visa once i-130 petition is aproved (as I had to do in case of my husband in form of DS-230)
3. I will be notified by the embassy to come and have the immigration visa stamped for my child once i-130 petition is approved.

Please correct me if I am assuming wrongly.


Now a confusion;
My child does not have a right to UK citizenship coz none of his parents (me and my husband) hold british citizenship.
He has a claim to Pakistani nationality as his father is a pakistani national.

On what document the immigration visa for my child will be endorsed? Currently he does not hold passport of any country. Does the child have to have a passport or could his visa be endorsed on my passport or on any other document? or should he get a paksitani passport for visa endorsment?


Your advice will be highly appreciated.

Regards

birdy,

It sounds very strange to me that if you are a USC your child would not have claim to citizenship - as far as I know, anyone either born in US soil or from USC mom/dad is immediately a citizen. But I am no expert, so you'd better double check with the consulate. It sounds extremely confusing.

Peace and good luck, L.

It's strange but true - the USC has to have lived in the US for a certain number of years and for a certain number of those years to be after they were 14 in order for their child to automatically be a citizen. I don't know all the details of it.

To the OP - this one is complicated, but I'll answer as far as I can. You'll still have to apply for some time of visa, but from the paragraph you've posted it sounds like the process is different. I would contact the US consulate nearest to you. It sounds like you won't be notified by the embassy but that you have to seek them out once you have the case number.

So you're currently only a USC with no right to any other citizenship who has been living in the UK? And the only claim your child has to any nationality is Pakistani through your husband? As far as I know, you will need to obtain a Pakistani passport for your child. I've never known of a child's visa being able to be placed in the parent's passport. This is another thing to ask at the US embassy though. I would call a few different times until you get a couple people telling you the same thing.

If it's not invasive to ask and make a suggestion - what is your desired time frame for moving to the US now? If your husband already has his visa (which I think he does), my suggestion is to enter before it expires (the complication here is that you'll need to go with him but not bring your baby so hopefully you have a trusted family member in the UK) and then return to the UK until your baby has the appropriate visa. As long as that is 11 months or less since you and your husband's trip to the US to activate the visa, he should be okay reentering as the baby's visa is a truly valid reason to return to the UK for so long. You'll also need a trusted friend/family's members US address for this as entering will trigger your husband's greencard to be created and mailed. This is also something I would ask the embassy advice on.

birdyconfused,

The child needs to apply for a visa after the petition is approved and needs a passport, probably from Pakistan if there is no claim to British citizenship.

Yodrak

A child born in the UK can apply for British Citizenship, I think 10 years residence are required.

Thank you all for trying to answer my query.

I thought on the similar lines that my child might need a passport. But then question is what would happens to a child whose father is not known and rest of his/her circumstances are similar i.e. no claim to US and UK citizenship and no claim to any other citizenship because his father is not known?


PS:
Boilder: A child has claim to British citzenship only if one of his parents is British citizen or fulfills 5 years of residence requirment on a legal status.

Len_and_Bren: yes it's a very strange law; for a USC's child to be able to claim US citizen, atleast one of the USC parent have to have stayed in the USA for five years, of which 2 years must be after age of 14. I moved from US to Pakistan when I was very young. Therefore, I do not fulfill this requirement.

I have just spoken to US citizen services. They have told me that the child can be issued visa only if he has a passport of his own or be endorsed on the passport of his father.

In case if a child cannot get any passport, then the parent should apply for British Travel document for stateless person if the child has born in the UK. Using which the child can then enter USA. Presumably the visa will be issued on travel documents.

Thanks for your inputs.


PS: no one has answered wehther my assumption about applying for immigration are correct or not. I also forgot to ask this from the US citizen services. could anyone answer, It'll save a phone call

Yodrak confirmed what I was guessing at - yes, you apply for a visa at the embassy after the petition is approved. An approved petition will not automatically result in a visa for your baby. Once you receive the approved petition, tell the embassy you need to apply for the visa for your baby.