is this posible?

[MAUCHI 0]

Hi guys,

this is my story,when my husband file me for i130 before he is a permanent resident,now when i gave birth he included the name of our daugther to the petetion for F2a category..Now after 5yrs my husband filed US citizenship and got approve,he didint change his status also,he didnt upgrade us because our case is finaly final and were going to have our interview,Now that it comes iam only the one that they gave a visa they told us that we need to file again our daugther because my husband is a US citizen..

Now this is my question is it posible if we get our daugther a visitor visa then if she got approve and be with us in US

we are going to file her in US and goin to wait for her papers..is this posible?coz its so hard for me that im leaving my baby here and i go to my husband..if she got approve for the visitors visa then we can flight together..please help us!

thank you all!

[mehere! 0]

Hi sis! Sorry to hear that. I don't have any idea about that, i know how you feel. do you have your visa now? Didn't they informed you during your interview that you have to file that for your baby?

[raphandarrin 0]

He being an US citizen, your daughter is automatically a citizen, at least I think so, as long as she is registered in his name, you only need to take it to the consulate or embassy ( I'm not sure which ) and have them register it.I'm pretty sure that's how it works, might be different since when she was born he wasn't a citizen yet, I don't know, contact your consulate/embassy and get informed about it.

=)

[MAUCHI 0]

Hi sis! Sorry to hear that. I don't have any idea about that, i know how you feel. do you have your visa now? Didn't they informed you during your interview that you have to file that for your baby?

yun nga pinag tataka ko sis eh,hindi kmi iniform nung interview nmen bkit ngayon lang nila sinabi nung tumawag yung hubby ko sa embassy..lam mo i cried a lot sis hindi ko kaya iwan ang baby ko since birth ako ng alaga tapos iiwan ko hindi ko kaya..

that's wahy we are thingking about visitor visa para sa knya then dun na lng nmen sya file sa US then antayin na rin lumabas papeles nya...GOd pls help us!i know God will make a way para makasabay ko sa pag alis ang baby ko,.

[mehere! 0]

I'll be praying for u & your baby's visa too. i really know how you feel coz i have a son too...that's why i never got pregnant again coz the process has already been started. i told my husband that i can't leave the baby here...

Try to call the embassy sis & ask them how. if i'm not mistaken, its a CRBA for your baby. i don't know exactly what that's mean, but i have seen here from other member's post. Don't loose hope, you've come this far already.

By the way, do they have your visa already?

[YMALIA 0]

Hi sis! Sorry to hear that. I don't have any idea about that, i know how you feel. do you have your visa now? Didn't they informed you during your interview that you have to file that for your baby?

hi sis may i ask u some question? when u got the instruction packet agent what did you do for that.. did you send again another document? thank you hope u will reply me..

[payxibka 10,044]

He being an US citizen, your daughter is automatically a citizen, at least I think so, as long as she is registered in his name, you only need to take it to the consulate or embassy ( I'm not sure which ) and have them register it.I'm pretty sure that's how it works, might be different since when she was born he wasn't a citizen yet, I don't know, contact your consulate/embassy and get informed about it.

=)

In this situation, the citizenship is NOT automatic... The child was born when the father was an LPR.

The child can become a USC but needs to be in the USA and also a permanent resident for citizenship to transfer.

[aaron2020 11,651]

He being an US citizen, your daughter is automatically a citizen, at least I think so, as long as she is registered in his name, you only need to take it to the consulate or embassy ( I'm not sure which ) and have them register it.I'm pretty sure that's how it works, might be different since when she was born he wasn't a citizen yet, I don't know, contact your consulate/embassy and get informed about it.

=)

In this situation, the citizenship is NOT automatic... The child was born when the father was an LPR.

The child can become a USC but needs to be in the USA and also a permanent resident for citizenship to transfer.

Derivative beneficiaries are allowed in the F2a category. Was the NVC and US embassy never informed to add the child and that was why the child was not issued a visa?

Payxibka is correct on the citizenship issue. The child was born while dad was a LPR so the child does not gain US citizenship when dad naturalized because the child was not in dad's custody (child was not living with dad at time of naturalization). The child will need an immigration visa. Once the child comes to the US, the child automatically becomes a US citizen. Dad would then file for a citizenship certificate for the child as proof of citizenship.

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http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Child Citizenship Act Program Update

The USCIS has reengineered its processing in order to streamline the production of Certificates of Citizenship for certain children adopted abroad. Streamlined processes have been developed for newly entering IR-3 children who are automatically U.S. Citizens when they arrive. These newly entering IR-3 children will receive Certificates of Citizenship within 45 days of their arrival instead of receiving a Permanent Resident Card and then filing the

N-600 for a Certificate. (Please see our Fact Sheet for additional information)

Background

The Child Citizenship Act, which became effective on February 27, 2001,amended the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children-including adopted children-of U.S. citizens. Specifically, these children include:

* Orphans with a full and final adoption abroad or adoption finalized in the U.S.,

* Biological or legitimated children,

* Certain children born out of wedlock to a mother who naturalizes, and

* Adopted children meeting the two-year custody requirement.

This legislation represents a significant and important change in the nationality laws of the United States. The changes made by the CCA authorize the automatic acquisition of citizenship and permanently protect the adopted children of U.S. citizens from deportation.

In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.

Frequently Asked Questions about the CCA

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

* At least one adoptive parent is a U.S. citizen,

* The child is under 18 years of age,

* If the child is adopted, a full and final adoption of the child, and

* The child is admitted to the United States as an immigrant

2) Do I have to apply to USCIS for my child's citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.

3) What documentation can I get of my child's citizenship?

If your child permanently resides in the U.S, you can obtain evidence of your child’s citizenship by applying for a Certificate of Citizenship. You will need to file form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. passport from the Department of State.

If your child permanently resides abroad, your child does not qualify for automatic citizenship under the CCA. However, you can apply for citizenship for your child by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322). You can submit this form to any USCIS District Office or Sub-Office in the United States.

4) Will USCIS automatically provide me with documentation of my child's citizenship?

At the present time, USCIS is not able to automatically provide most parents with documentation of their foreign-born child’s citizenship. However, USCIS has implemented a streamlined process for newly entering IR-3 children and their families that will ensure they receive a Certificate of Citizenship within 45 days of entering the United States. Additionally, USCIS has implemented procedures to expedite processing of pending N-643 cases. If you previously filed an N-643 application and have not received your child’s Certificate of Citizenship please contact the National Customer Service Center at 1-800-375-5283. Please have the following information when you call: your child’s A-number and the location and date you filed the application.

5) What forms do I file and what are the fees?

If your child permanently resides in the U.S., you can apply for evidence of citizenship by filing form N-600 (Application for Certificate of Citizenship). If you are filing on behalf of an adopted minor child, the fee is $420 (all other applicants must pay $460).

If your child permanently resides abroad, you can apply for citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322). If you are filing on behalf of an adopted minor child, the fee is $420 (all other applicants must pay $460).

6) Where should I file the forms?

If your child permanently resides in the U.S., you can file form N-600 (Application for Certificate of Citizenship) at the USCIS District Office or Sub-Office that that holds jurisdiction over your permanent residence.

If your child permanently resides abroad, you can apply for citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322) at any USCIS District Office or Sub-Office in the United States. You and your child will need to travel to the United States to complete the application process

7) Is automatic citizenship provided for those who are 18 years of age or older?

No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.

8) Will USCIS publish regulations on the CCA procedures?

The USCIS published interim regulations specific to the CCA in the Federal Register on June 13, 2001. The USCIS is reviewing comments received from individuals and organizations and is in the process of drafting the final regulation.

9) What resources are available to answer questions about the Child Citizenship Act?

For more information about the CCA application procedures and forms, you may contact our National Customer Service Center at 1-800-375-5283. USCIS has also made available field guidance and public materials to all information officers and other front line staff to aid them in answering questions.

[aaron2020 11,651]

Hi guys,

this is my story,when my husband file me for i130 before he is a permanent resident,now when i gave birth he included the name of our daugther to the petetion for F2a category..Now after 5yrs my husband filed US citizenship and got approve,he didint change his status also,he didnt upgrade us because our case is finaly final and were going to have our interview,Now that it comes iam only the one that they gave a visa they told us that we need to file again our daugther because my husband is a US citizen..

Now this is my question is it posible if we get our daugther a visitor visa then if she got approve and be with us in US

we are going to file her in US and goin to wait for her papers..is this posible?coz its so hard for me that im leaving my baby here and i go to my husband..if she got approve for the visitors visa then we can flight together..please help us!

thank you all!

This will not work. A visitor visa is a nonimmigration visa, so it would be immigration fraud for the child to come to the US with it. Furthermore, the child would not qualify for US citizenship because the child would not be admitted to the US as an immigrant.

You've waited 5 years, so please do this right and have your husband file immediately for you child (US citizen petitioning for child as an Immediate Relative) and ask the embassy to reexamine your case to add your child to the F2a petition (if it is not too late). Do both just in case the child cannot be added to your case.