Jump to content
Sign in to follow this  
rudyzn

URGENT - Bringing a Child of USC to the US

15 posts in this topic

Recommended Posts

Hello everyone,

Mine is, I think, an uncommon case. Wanted to see if it sounded familiar to someone out there:

I am a US Citizen, 31 years old, but have not lived more than 5 years of my life in the US. Therefore, I CANNOT automatically transmit citizenship to my child.

However, after filing I-130 petition and NVC procedure (and embassy -we are filing from France), and after entering the US as a permanent resident immigrant, then and only then does my child automatically receive US Citizenship.

I filed for my little baby shortly after her being born, her priority date is June 10, 2013.

My wife (mother of said baby) was in the process of obtaining her green card when she gave birth. On July 25, she got her green card after succesfull interview at US Embassy in Paris. She has to enter the US by 23 January 2014, or the Visa expires.

Let's sum up:

Me: USC

Wife: French Citizen with Green Card on passport, expiry date January 24, 2014

Baby: French Citizen with pending I-130 petition (Expedite requested 20 days ago, no news since)

Has anybody else been in a similar situation? I am freaking out because of the January 23, 2014 deadline on my wife's green card. We cannot (she cannot) leave our baby behind while the lengthy USCIS/NVC procedure goes on (and on..).

Any advice would be greatly appreciated

Rudy


06/10/2013 NOA1 I-130 Priority date (NBC @ Overland Park, KS)
07/30/2013 Requested Expedite Procedure via USCIS Hotline
08/15/2013 Sent a letter to the NBC/MSC regarding Expedite

10/15/2013 Case approved, Notice mailed

10/21/2013 Case shipped to the DHS/NVC

11/xx/2013 Received NOA2 hardcopy

0988d859-df57-45d4-b8e7-38ae103df6e9.jpg

Share this post


Link to post
Share on other sites

I think you should be fine. If you did DCF in France and all paperwork was correct, this should be processed in about 12 weeks total. You never know with USCIS though...

Your child might qualify for a "NA-3 Baby" visa. This visa is actually issued from the embassy through your wifes status. I would get intouch and even send them this document, since it seems this process is not too common in Europe: http://imgur.com/srhWSt5

If it worksout, you don't even need to wait for the I-130 to be approved. But as I mentioned, I'm not sure on this.

We had a similar situation, maybe reading this post will help you:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

Edited by Mark88

It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites

Hello Mark88,

Thank you for your kind words.

I had already read your story a couple of months ago while browsing the forums here on VJ.

Yours is definitely one to highlight!!

It does also confirm the bizarre situations in which some US citizens/permanent residents can en up in when bringing familiy members to the US.

Unfortunately for us, I believe your specific case does not apply for my baby's situation (but your post was super helpful and informative).

I think our best shot is to get my baby's USCIS and NVC cases expedited. It's been 20 days and no answer...

We did not do Consular fyling, no longer possible after 2012....

Wish me luck and thanks again

I think you should be fine. If you did DCF in France and all paperwork was correct, this should be processed in about 12 weeks total. You never know with USCIS though...

Your child might qualify for a "NA-3 Baby" visa. This visa is actually issued from the embassy through your wifes status. I would get intouch and even send them this document, since it seems this process is not too common in Europe: http://imgur.com/srhWSt5

If it worksout, you don't even need to wait for the I-130 to be approved. But as I mentioned, I'm not sure on this.

We had a similar situation, maybe reading this post will help you:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/


06/10/2013 NOA1 I-130 Priority date (NBC @ Overland Park, KS)
07/30/2013 Requested Expedite Procedure via USCIS Hotline
08/15/2013 Sent a letter to the NBC/MSC regarding Expedite

10/15/2013 Case approved, Notice mailed

10/21/2013 Case shipped to the DHS/NVC

11/xx/2013 Received NOA2 hardcopy

0988d859-df57-45d4-b8e7-38ae103df6e9.jpg

Share this post


Link to post
Share on other sites

Sorry, I wasn't familiar that DCF is not available anymore, but thank's for the compliments.

It really sucks what USCIS makes us go through, and the consulate where we initially filed the CRBA gave us no help at all on other issues. Best of luck.


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites

I don't believe a baby transportation letter can be used in this instance since the OP's wife is not yet an LPR. If she had entered the US, activated her immigrant visa, obtained her green card, departed temporarily and then gave birth abroad then that would work, but since she is not yet an LPR then I don't think this qualifies.

It might be worth double-checking with the embassy though, since if somehow you were able to qualify for such a letter than the child would become an LPR immediately upon entry, and then would become a US citizen under the Child Citizenship Act, also.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

The baby could have been added to mom's petiton, but I guess since the mom already got her visa, it's too late. I would still ask the Consulate. As far as I know the baby born while the parent's petition is pending, should qualify. And your baby was born while mom's case was still pending, right? Did she mention at the interview that she had had a baby?

I do not think entry baby applies here since the mom is not technically a LPR yet.

Edited by OKflyboy

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

Share this post


Link to post
Share on other sites

Immediate relative petitions do not allow derivative beneficiaries.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

As far as I know the baby born while the parent's petition is pending, should qualify. And your baby was born while mom's case was still pending, right? Did she mention at the interview that she had had a baby?

I read this somewhere before, too. Definately can't hurt to try this with the embassy.


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites

Hypnos,

No, I believe you are correct. We cannot use a baby transportation letter since my wife is not yet an LPR (she has not yet entered the US in order to "activate" her green card). Double checking with the embassy is nearly impossible. I sent an email one day (after my wife's interview) regarding this matter, they never replied... Oh well....

I don't believe a baby transportation letter can be used in this instance since the OP's wife is not yet an LPR. If she had entered the US, activated her immigrant visa, obtained her green card, departed temporarily and then gave birth abroad then that would work, but since she is not yet an LPR then I don't think this qualifies.

It might be worth double-checking with the embassy though, since if somehow you were able to qualify for such a letter than the child would become an LPR immediately upon entry, and then would become a US citizen under the Child Citizenship Act, also.


06/10/2013 NOA1 I-130 Priority date (NBC @ Overland Park, KS)
07/30/2013 Requested Expedite Procedure via USCIS Hotline
08/15/2013 Sent a letter to the NBC/MSC regarding Expedite

10/15/2013 Case approved, Notice mailed

10/21/2013 Case shipped to the DHS/NVC

11/xx/2013 Received NOA2 hardcopy

0988d859-df57-45d4-b8e7-38ae103df6e9.jpg

Share this post


Link to post
Share on other sites

As another member mentionned earlier, no derivative benefits from immigrant visa (each person has to apply for one)

This means i had to start another petition all over again for my baby.

I did mention to the US EMbassy (as well as the NVC when we were sending files/documents) what our situation was.

They have been unhelpful to say the least. CO told us, when doing my wife's interview, to request Expedite procedure for my daughter.

Still waiting for any kind of news regarding this expedite request...

Wish us luck people.

I read this somewhere before, too. Definately can't hurt to try this with the embassy.


06/10/2013 NOA1 I-130 Priority date (NBC @ Overland Park, KS)
07/30/2013 Requested Expedite Procedure via USCIS Hotline
08/15/2013 Sent a letter to the NBC/MSC regarding Expedite

10/15/2013 Case approved, Notice mailed

10/21/2013 Case shipped to the DHS/NVC

11/xx/2013 Received NOA2 hardcopy

0988d859-df57-45d4-b8e7-38ae103df6e9.jpg

Share this post


Link to post
Share on other sites

Got some news today from the USCIS Vermont Service Center:

U.S. Citizenship and Immigration Services electronic records show your call to the National Customer Service Center (NCSC) on July 30, 2013. The Referral ID for that Service Request was XXX.XXX.XX.XXXXX.MSC.

Your referral and issue reported during your call are currently being worked by an officer at the Missouri Service Center. You will be receiving a response to this referral via mail or email.

Please wait for the response to that referral, and follow any directions provided.

..... Feels so good to know that we might get NOA2 soon!!! Will let you know

Cheers


06/10/2013 NOA1 I-130 Priority date (NBC @ Overland Park, KS)
07/30/2013 Requested Expedite Procedure via USCIS Hotline
08/15/2013 Sent a letter to the NBC/MSC regarding Expedite

10/15/2013 Case approved, Notice mailed

10/21/2013 Case shipped to the DHS/NVC

11/xx/2013 Received NOA2 hardcopy

0988d859-df57-45d4-b8e7-38ae103df6e9.jpg

Share this post


Link to post
Share on other sites

I don't believe a baby transportation letter can be used in this instance since the OP's wife is not yet an LPR. If she had entered the US, activated her immigrant visa, obtained her green card, departed temporarily and then gave birth abroad then that would work, but since she is not yet an LPR then I don't think this qualifies.

The OP's wife doesn't necessarily have to be an LPR; she just have to have already been issued an immigrant visa when the baby was born, for the baby to not need a visa to enter the U.S.:

http://www.state.gov/documents/organization/87519.pdf

However, this does not seem to be the case with the OP -- his baby was born before the issuance of the visa.

Share this post


Link to post
Share on other sites

However, this does not seem to be the case with the OP -- his baby was born before the issuance of the visa.

I read through the link myself. I think this is a key point. OP check the issue date of your wifes Visa. If this was BEFORE the baby was born, you can use the transportation letter without waiting for the approval of the I-130.


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites

However, this does not seem to be the case with the OP -- his baby was born before the issuance of the visa.

That is correct. My baby was born 2 months before my wife got her Green Card.

I feel kind of confused as to wether I did the right thing. I always thought I-130 was the way to go.

Plus I did not know delays had gotten this long (my wife got her NOA2 in 10 days in April 2012).

Anyways... I might still get my case expedited. Will let you know.

Have a nice week everybody


06/10/2013 NOA1 I-130 Priority date (NBC @ Overland Park, KS)
07/30/2013 Requested Expedite Procedure via USCIS Hotline
08/15/2013 Sent a letter to the NBC/MSC regarding Expedite

10/15/2013 Case approved, Notice mailed

10/21/2013 Case shipped to the DHS/NVC

11/xx/2013 Received NOA2 hardcopy

0988d859-df57-45d4-b8e7-38ae103df6e9.jpg

Share this post


Link to post
Share on other sites

I feel kind of confused as to wether I did the right thing. I always thought I-130 was the way to go.

Plus I did not know delays had gotten this long (my wife got her NOA2 in 10 days in April 2012).

Hindsight is easier than foresight. All of us probaly had their fare share with USCIS and would have done some things differently looking back. It's probaly just important to stick at the path you're doing and see it through. Best of luck!


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×