US passport for minor (born outside USA) parents naturalized

[Saadat Alam 24]

US passport for minor (born outside USA) ..parents naturalized

My son was born 1 month ago in Pakistan, his mother just got her visa, and I got naturalized today.

Can we just go ahead and apply for a US passport for him - based on him birth certificate showing my wife as mother and the father Naturalization certificate?

I am wondering if a N600 application for him is mandatory?

Edited July 2, 2017 by amiralam45

[Boiler 43,690]

So you were a LPR when the child was born?

[Coco8 1,039]

Mmm... I think you should have updated your wife's case when the baby was born and they would have gotten visas/green cards at the same time. I read about a similar case a few days back and they did that. I'd recommend calling the consulate first thing Monday (Tuesday is a holiday) to make inquiries. I'm sure there is a way around it and the consulate should be able to help you with this. 

 

If the baby had been born after she got the visa/green card, the baby could get one automatically, but it seems she got it after the baby was born. 

 

I don't think that the fact that you are a US citizen now matters. First, because the baby didn't have a green card at the time of naturalization, he did not become US citizen (there is a rule about this). Second,  you were not a US citizen at the time of the birth, so the baby could not be a citizen due to USC father. I don't see other way that would work. 

 

Anyway, the worst thing that could happen is that you come to the US with the baby and you submit a form to USCIS. 

 

 

 

Edited July 2, 2017 by Coco8

[f1660114 18]

1 hour ago, Coco8 said:

"If the baby had been born after she got the visa/green card, the baby could get one automatically, but it seems she got it after the baby was born."

This is true if and only if the father remains the LPR until they both (mother and son) make entry to the US. If the father becomes the USC before the two enter the US, his wife's visa remains valid (upgraded from F2A to CR1/IR1) but his son's derived visa becomes void because there is no underlying I-130 filed on behalf of his son. In other words, his son cannot be a derivative of his wife's visa if he is a USC. Just my two cents, any comments are welcome.

 

1 hour ago, Coco8 said:

Anyway, the worst thing that could happen is that you come to the US with the baby and you submit a form to USCIS.

Can you rephrase this sentence so I can understand that? In my humble opinion, the worst thing I can see here is the father needs to file a seperate I-130 for his son to come to the US later.

[aleful 1,905]

Spoiler

 

there is a thing called baby transport letter, that would let the mother come with the baby and then they would file the adjustment of status here

 

but I'm not sure if it applies in this case, someone with more knowledge can tell us if a transport letter will allow the baby to come with her

 

 

[NigeriaorBust 4,087]

  You did not pass your citizenship to your son who was not in the US at the time.   You need to get your child to the US on a valid visa and then he will become a citizen as soon as he is a resident.  The normal process for this is an I130.  Not sure if the transport letter will work.

[Saadat Alam 24]

30 minutes ago, BiALawyer.com said:

Since you mentioned Pakistan, Salam U Alekum. Unfortunately, your child was not born when you became a US Citizen, Therefore your child can not get a US Passport because both parents were Foreign Citizens at the time of Birth. Did you mention the wife being pregnant during her Visa Application? What kind of Visa Application did you file? You must get the child a Pakistani Passport and add her to your wife visa. Otherwise, the child will not be allowed to enter the United States. Contact an immigration lawyer if you are in the USA. Or Contact the Pakistan Embassy for guidance on adding the child to the Visa. 

 

From my experience, The child has to go through the standard immigration petition process. If you have further questions feel free to ask. P.S. Congratulation on your wife approval and new member of the family.

 

Ahsan Ashraf

Immigration Paralegal

Walikum Asalam, Thank you sir, you mean my son has to go through 2 year of process? 

[Saadat Alam 24]

1 hour ago, NigeriaorBust said:

  You did not pass your citizenship to your son who was not in the US at the time.   You need to get your child to the US on a valid visa and then he will become a citizen as soon as he is a resident.  The normal process for this is an I130.  Not sure if the transport letter will work.

Thank you for the reply, yeah I guess I have to apply for him. 

[Coco8 1,039]

41 minutes ago, amiralam45 said:

Thank you for the reply, yeah I guess I have to apply for him. 

No, several of us recommended you to call the embassy/consulate first thing in the morning (basically today in a few hours if you are in the US) or ask your wife to do it. Tuesday is a holiday and they will be closed. They might be able to include the baby in your wife's application or they might guide you. Children are derivatives and hopefully, the fact that you became a USC does not affect the i-130 (@f1660114 said it did, but at least you should ask the consulate). 

 

You have to avoid keeping your family in Pakistan; otherwise, your wife won't be able to use her visa because it will have expired. 

 

I found this online:

Adding Newborn Children as Derivatives of the Immigrating Parent

Fortunately, the law takes care of you in this situation. Any child born to your relative before your relative is admitted to the U.S. can get a visa along with the rest of the family, without another I-130 and without any extra wait. When it’s time for the family to apply for their visas at the U.S. embassy or consulate, your relative can apply on behalf of the child, showing proof of the birth and the I-130 approval.

 

So what you have to ask if you can get the visa for the baby. 

[Saadat Alam 24]

11 minutes ago, BiALawyer.com said:

I am sorry for the confusion. Please see the above comment I made reference to two things. #1. The child needs standard immigration processing if you do not seek visa waiver than you have to wait 2 years using I130 and other Immigration Headaches. So follow the option #2 add your son to your wife visa through the VISA Waiver. Don't confuse yourself with multiple advice Bro. Immigration Law is very complex and stay with one Consultant. Every lawyer will say different things to entice you to become a client and people have different experiences. So follow one person that you trust or started your case with.  

 

Since you are a US Citizen now and the child is born within the 2-year window of your Spouse Immigration Visa the child can come with her on Visa Waiver.

Following is the reference to the Immigration Law:

 

8 CFR (Code of Federal Regulations of the United States of America), Section 211.1(b)(1):

(1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child’s birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child ‘s application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

 

Above reference should help clarify anyone that is having a similar situation as yours. Feel free to ask any questions or concerns for clarification. My contact info is on username.

 

Ahsan Ashraf

Immigration Paralegal

Thank you sir, this clears a lot of my confusion, Now I have to contact the embassy and my income is currently $22,397 and I dont know if I would need a joint sponsor for my son.

[Saadat Alam 24]

3 minutes ago, BiALawyer.com said:

You do not need to sponsor your child. Your child is your responsibility and does not need to go through the process of investigation like your wife did for her visa. It is always good to have a joint sponsor, just in case you need one. But to my knowledge, your child does not need to know your income. Your wife needs to take the three things to the embassy that I mentioned to coco. 

 

So contact the Embassy before your wife goes there. Do not mention your income you will make things complex.

Simply tell them:

1. My wife is already approved with a visa

2. My son was born last month when I was LPR Lawful Permanent Resident.

3. But I obtained my Citizenship status (xxxx date)

4. and I would like to request visa waiver for the child so that my son can travel with my wife.

 

Simple as that, they will tell you the documents to bring: Birth Certificate, Citizenship, Approved Visa, and anything else they ask.

Out of curiosity, who assisted you to file for your wife? a lawyer or did you do it yourself?

 

Feel free to ask any questions or concerns you may have.

 

Ahsan Ashraf

Immigration Paralegal

 

Thank you sir for the reply I really appreciated your help, I would do exactly you said, Yes sir I did all by my own, I did not hire a lawyer. 

[f1660114 18]

4 hours ago, BiALawyer.com said:

Since you are a US Citizen now and the child is born within the 2-year window of your Spouse Immigration Visa the child can come with her on Visa Waiver.

 

Sorry I don't mean to confuse the OP any further as well as not intend to offend against your finding but after googling your finding, I found this https://fam.state.gov/fam/09FAM/09FAM020102.html

"(3)  Certain Alien Children Not Required to Obtain Visas: 

(a)  The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa if the child is:

(i)     Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; Since the kid was born before the mother's visa issuance, I really doubt the OP's case does not apply here or

(ii)    Born during the lawful permanent resident mother’s temporary visit abroad provided that:

·         Admission is within 2 years of birth; and

·         Either accompanying parent is applying for readmission upon first return after the birth of the child."  This case also does not apply to OP's situation because the mother is not LPR yet. I knew one study case like this before. Both father and mother are LPR. They went back to their home country for a temporary visit. Due to the medical condition, the mother could not go back to the State to give birth so she had to make it in her home country. In that case, the newly born child (without a visa) can go back to the State with their parent any time before the kid became 2 years old.

 

I found no part that applies to "2-year window of your Spouse Immigration Visa" like you said so I just doubt it. Again that is just my $0.02. OP should still consult the Embassy as advised. And please come back to share your experience. Thank you.

 

[Saadat Alam 24]

5 minutes ago, f1660114 said:

Sorry I don't mean to confuse the OP any further as well as not intend to offend against your finding but after googling your finding, I found this https://fam.state.gov/fam/09FAM/09FAM020102.html

"(3)  Certain Alien Children Not Required to Obtain Visas: 

(a)  The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa if the child is:

(i)     Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; Since the kid was born before the mother's visa issuance, I really doubt the OP's case does not apply here or

(ii)    Born during the lawful permanent resident mother’s temporary visit abroad provided that:

·         Admission is within 2 years of birth; and

·         Either accompanying parent is applying for readmission upon first return after the birth of the child."  This case also does not apply to OP's situation because the mother is not LPR yet. I knew one study case like this before. Both father and mother are LPR. They went back to their home country for a temporary visit. Due to the medical condition, the mother could not go back to the State to give birth so she had to make it in her home country. In that case, the newly born child (without a visa) can go back to the State with their parent any time before the kid became 2 years old.

 

I found no part that applies to "2-year window of your Spouse Immigration Visa" like you said so I just doubt it. Again that is just my $0.02. OP should still consult the Embassy as advised. And please come back to share your experience. Thank you.

 

Thank you for your reply, I would definitely share my experience once I contact the Embassy in the morning, Thank you so finding answer, I appreciated that.

[geowrian 22,336]

Quote

8 CFR (Code of Federal Regulations of the United States of America), Section 211.1(b)(1):

(1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child’s birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child ‘s application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

I think the issue is the order of events. The child was not born subsequent to the issuance of the visa. The child was born before the visa was issued.

[Saadat Alam 24]

2 minutes ago, geowrian said:

I think the issue is the order of events. The child was not born subsequent to the issuance of the visa. The child was born before the visa was issued.

Thanks for the reply, So what is your suggestion?