12 YEAR OLD CHILD OF US CITIZEN FATHER WANTS TO VISIT THE US

[fytingspirit 0]

Hi Everyone,

My brother has a 12 year old child out of wedlock in the Philippines and the child wants to visit us here in the US for the first time. The child currently lives with the mother and would just want to visit and not be petitioned or to live permanently here. Mother has no B1/B2 visa. My brother left for the US when the child was 3 years old but has not gone back to the Philippines since then although he supported the child financially and they constantly communicated. Would it be possible for the child's US citizen father to accompany on a B2 tourist visa application in the Philippines and the child be approved? Any insights, recommendations, or advice is greatly appreciated. Thank you!

[randy32 165]

I think it would be best to file CRBA for the child and apply for a US passport for the kid.

The wait time would likely be shorter compared to a B visa.

 

The kid would be able to travel that way anytime.

[milimelo 4,505]

Just a visit yet you're posting under bringing family members of US citizens. 

Tell your brother to man up and file CRBA for his child and get him a passport.

[Family 4,026]

Was your brother a US Citizen when the child was born? If not , then CRBA not an option;

he should petition/ file an I-130 because that will make the child an automatic US Citizen when he enters. Thus child can return to his mom as a US Citizen and have a CHOICE once he matures and makes his own decisions. 

[Mike E 11,741]

9 hours ago, fytingspirit said:

 Would it be possible for the child's US citizen father to accompany on a B2 tourist visa application in the Philippines and the child be approved? Any insights, recommendations, or advice is greatly appreciated. Thank you!

Possible but under a 1 percent chance of being approved.  
 

The kid is probably a U.S. citizen from birth and a competent CO will deny the visa because citizens don’t get visas.  

 

Even if the kid is not a citizen the visa is likely to be denied because of strong ties with the  US citizen father. 

 

If before the kid was born, the father had at least 5 years of physical presence in the USA (at least 2 of which were after  the father reached age 14)  then the kid was born a U.S. citizen.  
 

Otherwise the father should file I-130 for the kid.   

[Chancy 6,241]

9 hours ago, fytingspirit said:

Would it be possible for the child's US citizen father to accompany on a B2 tourist visa application in the Philippines and the child be approved?

 

Having a US citizen parent, especially one who resides in the US, reduces an applicant's already slim chances of getting approved for a B2 visa.  Understand that having family in the US makes it harder, not easier, to get a tourist visa.

 

As others mentioned above, was your brother already a US citizen before the child was born?  If so, check if he qualifies to pass US citizenship to his child.

 

[fytingspirit 0]

1 hour ago, Family said:

Was your brother a US Citizen when the child was born? If not , then CRBA not an option;

he should petition/ file an I-130 because that will make the child an automatic US Citizen when he enters. Thus child can return to his mom as a US Citizen and have a CHOICE once he matures and makes his own decisions. 

My brother was a US citizen at that time but not 5 years physical presence in the US. Our father was a US citizen and retired in the Philippines but all of us siblings didn't move here until we were older. CRBA will not be an option, then? I-130 would do?

[Family 4,026]

15 minutes ago, fytingspirit said:

2 hours ago, Family said:

Was your brother a US Citizen when the child was born? If not , then CRBA not an option;

he should petition/ file an I-130 because that will make the child an automatic US Citizen when he enters. Thus child can return to his mom as a US Citizen and have a CHOICE once he matures and makes his own decisions. 

My brother was a US citizen at that time but not 5 years physical presence in the US. Our father was a US citizen and retired in the Philippines but all of us siblings didn't move here until we were older. CRBA will not be an option, then? I-130 would do?

Was there an attempt at CRBA to use your father ( child’s grandparent) to satisfy the requirements since the child’s father ( your brother) did not meet them ? 

 

Although the grandparent ( your dad) would satisfy the 5 years physical presence , the issue I see is child not being in the custody of the USC parent ( your brother)…

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

Asking for a second pair of eyes here from others on VJ 

 

 

But if CRBA , not an option IMMEDIATELY have dad file I-130 . Child would only need to make an entry and apply immediately for US passport ( won’t even need to pay the $220 ELIS fee for green card) 

Edited August 9, 2022 by Family

[Chancy 6,241]

12 minutes ago, Family said:

Was there an attempt at CRBA to use your father ( child’s grandparent) to satisfy the requirements since the child’s father ( your brother) did not meet them ? 

 

CRBA requirements cannot be met using grandparent's US physical presence.  As for N-600K application for citizenship, child would not qualify as father does not have legal and physical custody.

 

[Family 4,026]

5 minutes ago, Chancy said:

CRBA requirements cannot be met using grandparent's US physical presence.  As for N-600K application for citizenship, child would not qualify as father does not have legal and physical custody.

 

Thank you for the correction @Chancy, seems my brain was scrambling CRBA and N-600 K . 
So I-130 is the next step and very much worth your brother’s effort to step up to the plate .

Edited August 9, 2022 by Family

[Chancy 6,241]

2 minutes ago, Family said:

So I-130 is the next step and very much worth your brother’s effort to step up to the plate .

 

There might be a snag with I-130/CR2 as well since the child was born out of wedlock in the Philippines.  I don't know if the US embassy in Manila will be satisfied with a statement from the mother allowing the child to immigrate (unlikely) or if the father will need to get custody documents from Philippine court (even less likely).

 

@fytingspirit, I said getting a B2 visa will be hard, but not impossible.  If your brother is willing to risk the fee, just have the child apply and hope for the best.  Just be aware that having your brother at the interview will not make it easier to be approved for a B2 visa.  Also note that the wait time for tourist visa interview appointment in Manila is currently 399 days -- https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html 

 

[Family 4,026]

No issues at all w out of wedlock child for I-130 . Sounds like father is listed on birth certificate . 

Mother just writes up a letter saying she agrees 

[Chancy 6,241]

4 minutes ago, Family said:

No issues at all w out of wedlock child for I-130 . Sounds like father is listed on birth certificate . 

Mother just writes up a letter saying she agrees 

 

Not sure if a letter will be enough for the US embassy in Manila.  In the Philippines, while the mother is alive and competent to care for her minor child born out of wedlock, they have sole legal custody.  Fathers only have visitation rights.  USEM is well aware of this.  If OP's brother wants to try the I-130/CR2 route, they'll find out at the visa interview what custody document USEM will require.

 

[Crazy Cat 41,982]

Why the talk about an I-130?

 

"The child currently lives with the mother and would just want to visit and not be petitioned or to live permanently here. "

[Mike E 11,741]

42 minutes ago, Crazy Cat said:

Why the talk about an I-130?

 

"The child currently lives with the mother and would just want to visit and not be petitioned or to live permanently here. "

Because a B-2 visa is unlikely to be issued and the I-130 / DS-260 route is for the sole purpose of getting instant US citizenship for the child.
 

The child would get citizenship the instant   the child entered the USA on an immigration visa and the father picked the child up from the airport.  The child would then be free to go back and forth between the two countries and live in the Philippines if that’s what the mother wants.