Bringing child to US

[Samz 0]

Hello,

I am an american citizen residing abroad. My husband is in the process of obtaining an immigrant visa (IR1) and currently waiting for an interview at the local consular office.

Our first son was recently born. I am not eligible to transfer my citizenship to my son, but only through my father (according to the Grandparent Clause). 

I would like to understand what the right process would be, in order for my child to be permitted to enter the US when we immigrate, after my husband's immigrant visa is granted.

Thank you in advance.

[EM_Vandaveer 2,408]

You should have filed for an immigrant visa for the child.

You can try to get a tourist visa for him, explaining that you plan to use the grandparent cause once he's in the US to get him citizenship, but this may or may not work.

[aaron2020 11,651]

Your son would go through the same process that your husband is going through.

 

You need to file an I-130 for your son and obtain an immigrant visa for him since he is not a US citizen.

 

Consider delaying your husband's case so your son's case can catch up.

[aaron2020 11,651]

11 minutes ago, EM_Vandaveer said:

You should have filed for an immigrant visa for the child.

You can try to get a tourist visa for him, explaining that you plan to use the grandparent cause once he's in the US to get him citizenship, but this may or may not work.

How can the CO issue a tourist visa to the child when there is immigrant intent?

 

Isn't advising someone to use a tourist visa with the intent to immigrate a TOS violation?

[KierenHby 899]

What country are you in? 

 

If a VWP country, child would not need a visa. 

[EM_Vandaveer 2,408]

1 hour ago, aaron2020 said:

How can the CO issue a tourist visa to the child when there is immigrant intent?

 

Isn't advising someone to use a tourist visa with the intent to immigrate a TOS violation?

I believe an exception exists for those who wish the enter the US in order to claim citizenship through grandparents. Which is why I advised OP to be upfront with the CO about their intentions.

I know this is just some lawyer's website, but it specifically mentions that a tourist visa is available for this purpose.

http://www.apsanlaw.com/law-159.Obtaining-US-Citizenship-Through-a-Grandparent.html

 

Now, the question here is, I was under the impression that technically N-600K is filed for someone who normally resides abroad.
That said, once citizenship is obtained, no-one will boot the new USC out of the US...

Edited January 3, 2017 by EM_Vandaveer