b2 visa for infant child with usc mother and father recently approved b2 visa after abandonment of greencard

[Rahuleshaa87 2]

hello friends i would need your help if anyone had gone through the same situation .i am a spouse of us citizen and we recently delivered a baby in india.i had a lpr which i surrendered in may 2018.my wife had traveled to visit her parents and grand parents in usa in  may 2018 till june 2018.She delivered a baby in india in september 2018.I had applied for emergency appointment for my b2 visa as my grandfather in law was quite ill so that i can visit him and she decided not to travel with the baby and be here.I was approved of my b2 visa on the basis that i had already surrendered my green card in the time it was active.Now unfortunately the day i got the visa my grandfather in law passed away.Now me and my wife and child want to travel for his funeral and prayer meet.I have a valed b2 visa and she holds a usa passport.what do you think are the chances that the child will be issued a b2 visa.He is qualified under IWP so there is no interview in person.what is the processing time for the same and is there any emmergency service for the same ?we do not want him to get a usa citizenship and want to retain his indian citizenship as of now and later on once back to india apply for N600k through grand parents route as we do not want to break any law

Edited December 12, 2018 by Rahuleshaa87

[Khallaf 646]

1 hour ago, Rahuleshaa87 said:

hello friends i would need your help if anyone had gone through the same situation .i am a spouse of us citizen and we recently delivered a baby in india.i had a lpr which i surrendered in may 2018.my wife had traveled to visit her parents and grand parents in usa in  may 2018 till june 2018.She delivered a baby in india in september 2018.I had applied for emergency appointment for my b2 visa as my grandfather in law was quite ill so that i can visit him and she decided not to travel with the baby and be here.I was approved of my b2 visa on the basis that i had already surrendered my green card in the time it was active.Now unfortunately the day i got the visa my grandfather in law passed away.Now me and my wife and child want to travel for his funeral and prayer meet.I have a valed b2 visa and she holds a usa passport.what do you think are the chances that the child will be issued a b2 visa.He is qualified under IWP so there is no interview in person.what is the processing time for the same and is there any emmergency service for the same ?we do not want him to get a usa citizenship and want to retain his indian citizenship as of now and later on once back to india apply for N600k through grand parents route as we do not want to break any law

if your wife is holding a US Passport means she is a USC, if she meets the criteria she would be able to pass that to her child I believe, this means there would be no need to have a B2 for the child, I would recommend making an appointment at the US embassy to find out for sure.

 

furthermore keep in mind, as your wife is a USC and you are going to be entering with child it will be up to CBP to allow you in, there might just be enough cause to deny entry based on the chances you might try to adjust status and stay in USA, entry into USA is only going to be guaranteed for your wife who holds a US passport.

@geowrian

I am not familiar with the requirement to pass on citizenship to a child born out of the USA can you shed light on this one

Edited December 12, 2018 by Khallaf

[Rahuleshaa87 2]

I have recently given up the greencard and on that basis i have been granted b2 visa.The death of the grandfather in law makes us go as a family together.we would be having his funeral letter.But the main part is getting b2 visa for my child as we don’t wish to get his citizenship.On a side note i feel that having given up on my lpr status during the pregnancy time of my wife and she delivering it in india though she could have done that in usa would. Make it more obivious that we do not intend to live there and just make a temporary visit.

[Khallaf 646]

7 minutes ago, Rahuleshaa87 said:

I have recently given up the greencard and on that basis i have been granted b2 visa.The death of the grandfather in law makes us go as a family together.we would be having his funeral letter.But the main part is getting b2 visa for my child as we don’t wish to get his citizenship.On a side note i feel that having given up on my lpr status during the pregnancy time of my wife and she delivering it in india though she could have done that in usa would. Make it more obivious that we do not intend to live there and just make a temporary visit.

but since you gave up your LPR status, and your wife currently holds a US passport, nothing is stopping the CBP agent from believing that you will attempt to get it back by remaining in the USA.

 

once again, it will be up to the CBP agent to allow you entry in, as far as the child is concerned, you can get if your wife passes the criteria a US passport, I understand you don't want to stay, and citizenship is not what your looking for however, if in 5 years you have decided you want to go back and live, then it will only be you that will need to get a spouse visa, thus illuminating the expense for the child in the long run it would be better.

 

You will need strong proof of intentions to return to your home country.

Edited December 12, 2018 by Khallaf

[aaron2020 11,651]

If the child qualifies to be a USC, then the child is not eligible for a US visa.  

[USS_Voyager 1,971]

I think the main question OP has is that whether he can get a B2 visa for this child, and I believe he doesn't want to claim US citizenship for his child because India doesn't allow dual-citizenship. Also understood.

 

So I think chances are the kid is already a US citizen (via his mother). Your wife and the kid probably has to go to the US Embassy to figure that out. If the kid is indeed a US citizen, you may have to renounce his US citizenship, and then apply for B2.

[Rahuleshaa87 2]

2 hours ago, Khallaf said:

but since you gave up your LPR status, and your wife currently holds a US passport, nothing is stopping the CBP agent from believing that you will attempt to get it back by remaining in the USA.

 

once again, it will be up to the CBP agent to allow you entry in, as far as the child is concerned, you can get if your wife passes the criteria a US passport, I understand you don't want to stay, and citizenship is not what your looking for however, if in 5 years you have decided you want to go back and live, then it will only be you that will need to get a spouse visa, thus illuminating the expense for the child in the long run it would be better.

 

You will need strong proof of intentions to return to your home country.

If i abandon my greencard and my wife and i are resident of india would not that mean that child would be here with us?

[Khallaf 646]

1 minute ago, Rahuleshaa87 said:

If i abandon my greencard and my wife and i are resident of india would not that mean that child would be here with us?

1. I don't know if your child being eligible for a US passport already if that allows them to get a b2 visa instead

2. just because you abandon your green card, and were allowed to get a B2 visa does not mean that CBP will allow you into the USA.

3. the only person at this time allowed 100% sure into the USA is your wife.

4. I would make an appointment with the US embassy in India to see what your options are for your child.

5. for your child, I can't give an answer with what you can get for them to be able to visit the US, I do'nt know if they COULD turn the infant away at CBP and force your wife to leave with him, I do not know that answer.

 

what I am 100% sure of is there is a chance YOU will not be able to enter if the CBP feels there is intent to stay so again I urge you to have as much strong evidence as you can gather to show proof of your intentions to return to India.

[Boiler 43,393]

The child is the issue, one parent in a USC the other has a B2.

 

The question is if the child is a USC, so that is factual, you either are or are not, not something you can chose.

 

If the child is a USC then the route to go is file a CRBA and get a US Passport. If that is refused, not eligible then a B2 would be the option.

[SusieQQQ 11,584]

I don’t know much about this topic but if wife is a USC living legally in India, is it not possible for the child to follow whatever route she is using to reside in India? 

 

OP, the n600 is not something you “choose” to use to acquire citizenship, it is simply used to prove something that already is the case - if the child is born a citizen, he is a citizen, regardless of when you file the n600.

 

What are the long term consequences for the child if they renounce his US citizenship, as some have suggested as an option? Would he be able to get it back? 

Edited December 12, 2018 by SusieQQQ

[Boiler 43,393]

From recollection and I have not checked I do not think it is possible for a child and when an adult it is not an easy or quick process.

[jan22 2,897]

3 minutes ago, SusieQQQ said:

I don’t know much about this topic but if wife is a USC living legally in India, is it not possible for the child to follow whatever route she is using to reside in India? 

 

What are the long term consequences for the child if they renounce his US citizenship, as some have suggested as an option? Would he be able to get it back? 

A parent cannot renounce US citizenship for their child.  Only the child can do that -- after they are 18 years old.  Plus, it's a lengthy, costly process.

[lummo 61]

8 hours ago, Rahuleshaa87 said:

we do not want him to get a usa citizenship and want to retain his indian citizenship as of now

US law is clear; if your wife was eligible to pass down US citizenship then your son is already a US citizen (a CRBA does not acquire US citizenship for your son, it just proves his already existing US citizenship since birth). How much time was your wife in the US (in total and after the age of 14) before your son was born?

Quote

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent

A child born outside of the United States and in wedlock to a U.S. citizen parent and a non U.S. citizen parent, may acquire U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions for a period of five years, two of which were after the age of fourteen. The U.S. citizen parent must be the genetic or the gestational parent, and the legal parent of the child under local law at the time and place of the child’s birth.

 

8 hours ago, Rahuleshaa87 said:

we do not want to break any law

Indian law does allow dual citizenship for minors. Your son will have 6 months after turning 18 to decide if he only wants to have Indian citizenship; https://lawnn.com/indian-citizenship-acquiring-single-citizenship-dual-citizenship-india/

Quote

A minor child of Indian origins may hold citizenship of India and another country. So that the minor can decide within six months of completing 18 years of age as to whether he/she prefers Indian citizenship.

 

[aaron2020 11,651]

7 minutes ago, lummo said:

US law is clear; if your wife was eligible to pass down US citizenship then your son is already a US citizen (a CRBA does not acquire US citizenship for your son, it just proves his already existing US citizenship since birth). How much time was your wife in the US (in total and after the age of 14) before your son was born?

 

Indian law does allow dual citizenship for minors. Your son will have 6 months after turning 18 to decide if he only wants to have Indian citizenship; https://lawnn.com/indian-citizenship-acquiring-single-citizenship-dual-citizenship-india/

 

Excellent post.

There are no conflicting laws between the US and India.  Both allows the child to have dual citizenship.

If the child is a US citizen, the child will need a CRBA and a US passport.  The child would not qualify for a B-2 visa.

There is no "he's not a US citizen" but we'll claim it later with an N-600.  At birth, he's either a USC or not.

 

Trying to get a B-2 visa for a US citizen would be breaking the law.

 

 

[carmel34 3,528]

Get a US passport for your child.  That is the best solution here as the US citizen child (assuming your wife lived in the US for 5 years, 2 years after age 14) inherited US citizenship automatically at birth and may not be eligible for a visa.