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If you are saying that she was a citizen from birth based on her father, why did she then enter the US under ESTA? That might cause USCIS to question the application more, since by doing so, she told them she was not a US citizen. More importantly, is the father willing and able to provide the necessary documentation? It will be very difficult, perhaps impossible, without his cooperation.

Edited by jan22

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Yes he recognized her as his daughter on her Italian (we were both born in Italy) birth certificate and we have a paternity test too. But we're unable to put her in DEERS since she doesn't have a SSN and they won't give her one since she has no proof of citizenship same as the passport.

We all live together in the US and he's able to support us. I just filed the forms for a green card as spouse of a US citizen.

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Problem is, a US citizen must always enter and leave the US with a US passport. Entering under ESTA will make it harder to convince USCIS that the child is the same person as the child in the birth certificate (child substitution happens more often than we care to acknowledge). Any paternity test done outside the controlled system used by USCIS and DOS will not be considered, as there is no chain of proof as to what child or father was tested. Not to be rude or mean, but if he was posted overseas, there really was no reason not to file for the Consular Report of Birth Abroad and the US passport, since the military provides great support system for doing so. As I said earlier, you now have made it much more difficult for yourselves. You can apply for the N-600. Or, once you have your residency and/or Advanced Parole so you can travel outside the US, you could return with your daughter to Italy and process the CRBA and US passport there.

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BTW....I should have also said there MIGHT be a way to do via mail. Check with the USEmbassy in Rome and see what there procedure is for applying for the CRBA when the family is now all in the US.

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