US citizen mom entering US w/ baby born overseas

[saadet merih 0]

Hello,

 

I am an American Citizen currently living in Turkey. I am planning to move back to the US next month. I have a five month old baby boy who was born in Turkey.  I can not apply directly for citizenship for him because I do not meet the necessary criteria (living in US for 2 years after the age 14). I applied i-130 for my husband before our baby was born and he has his interview at the end of this month (fingers crossed:).  I applied i-130 for my baby boy on Nov. 11, 2017 and got my first notification on 14.11.17. Looking at the processing times it will take at least 8 months for the application to be approved.

MY QUESTİON: I need to go to the US in one month HOW CAN I TAKE MY 5 MONTH BABY BOY WİTH ME? I can not find any way that lets me enter the states with my son.
Highly appreciate any help I can get.

[Redheadguy03 505]

You can't. The baby isn't a citizen and therefore isn't allowed entrance. 

 

You have to wait until your petition is approved for the baby. 

Edited January 5, 2018 by Redheadguy03

[payxibka 10,045]

Just now, Redheadguy03 said:

You can't. The baby isn't a citizen and doesn't have a passport and therefore isn't allowed entrance. 

Baby can get a Turkish passport without issue.  The child will need a visa to enter the USA

[geowrian 22,337]

Agreed. The child has no claim to the US and needs a visa to enter (which seems unlikely to be obtained in this situation; Edit: the immigrant visa should be fine, though).

Edited January 5, 2018 by geowrian

[saadet merih 0]

Thank you so much for your answers. My baby has a turkish passport but we are not allowed to get a tourist visa. is their any other way.  Also can we expedite the i-130 application for my baby?

[payxibka 10,045]

You are probably not eligible for expedite.  

 

Can you slow down the issuance of your husband's visa because after it is issued you have 6 months to enter the USA

Edited January 5, 2018 by payxibka

[gregcrs2 1,778]

USCIS may expedite a petition or application if it meets one or more of the following criteria:

•Severe financial loss to company or person;

•Emergency situation; 

•Humanitarian reasons; 

•Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States; 

•Department of Defense or national interest situation; 

•USCIS error; or

•Compelling interest of USCIS

 

You don't seem to fall under these conditions for expedite.

Edited January 5, 2018 by gregcrs2

[geowrian 22,337]

10 minutes ago, saadet merih said:

Thank you so much for your answers. My baby has a turkish passport but we are not allowed to get a tourist visa. is their any other way.  Also can we expedite the i-130 application for my baby?

A tourist visa would be the path, but is highly unlikely (and only is valid for 6 months stay at a time at most anyway).

 

You can request an expedite, although

1) It must meet their expedite criteria (https://www.uscis.gov/forms/expedite-criteria). A child living abroad is not one of them...I just don't see any basis for an approval here, sorry.

2) You're still looking at a matter of months. The expedite would only be for the I-130. Then it needs to be sent to NVC and processed there, which needs its own expedite. Then to the embassy to interview. And give it at least a week or 2 for issuance after that. Doing this in 1 month just isn't realistic even in the best circumstances.

Edited January 5, 2018 by geowrian

[Boiler 45,657]

I have seen similar cases where an expedite has been approved.

[saadet merih 0]

4 hours ago, Boiler said:

I have seen similar cases where an expedite has been approved.

so good to hear this. Do I make an expedite request over the phone with USCİS?

[CEE53147 559]

You need an alternate plan as well. Since you are not now living in the US, there are few reasons that your move is urgent.  It should be easy to adjust your planned move date to one more in keeping with the known time for your child to obtain a visa.

[abum 324]

Apart from the expedited process, there is no other way. The baby will not be granted non-immigrant visa ever. The good thing is that, the baby will be a USC the moment the baby enters the USA with immigrant visa and stays with the USC parent (you still have to apply US passport for the baby - else it will not be in effect).

All the best with getting the process expedited.