Giving birth in Nigeria after immigrant visa has been granted

[Kenny joy 5]

4 minutes ago, Chancy said:

 

You should worry about it because if your child is born a US citizen, you must get his/her CRBA while you are in Nigeria.

 

Ok. Please how do I get the crba? I am so confused 😕 

[CMJuilland 484]

Just to clarify: it sounds like the father of the child has been a U.S. citizen for 10 years, which makes him a citizen at the time of birth. Has your husband (the child’s father) been “physically present” in the U.S. for at least five years (i.e. has he been physically there for five years)? If so, your child seems to have a claim to U.S. citizenship and, by law, would have to travel to the U.S. on a U.S. passport. 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html#:~:text=A person born abroad in,prior to the person's birth.

Edited January 18, 2023 by CMJuilland

[CMJuilland 484]

5 minutes ago, Kenny joy said:

Ok. Please how do I get the crba? I am so confused 😕 

Your profile indicates that you’re form Nigeria. Here is what the U.S. embassy there has on CRBA: https://ng.usembassy.gov/consular-report-of-birth-abroad/#:~:text=The CRBA and Passport can,the requirements to transmit citizenship.

[Kenny joy 5]

2 minutes ago, CMJuilland said:

Just to clarify: it sounds like the father of the child has been a U.S. citizen for 10 years, which makes him a citizen at the time of birth. Has your husband (the child’s father) been “physically present” in the U.S. for at least five years (i.e. has he been physically there for five years)? If so, your child seems to have a claim to U.S. citizenship and, by law, would have to travel to the U.S. on a U.S. passport. 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html#:~:text=A person born abroad in,prior to the person's birth.

Thank you 

He has been physically present in the USA since 2003. Do i know how I can get a u.s passport for the child?

[Timona 3,969]

12 minutes ago, Chancy said:

 

You should worry about it because if your child is born a US citizen, you must get his/her CRBA while you are in Nigeria.

 

 

14 minutes ago, Kenny joy said:

To be honest, my main concern is if my child can accompany me after birth without a visa. I am not worried about him being a citizen yet

 

Reason why I was asking but OP here seems to be someone keen on her own questions, which I understand, but as you can see, we're uncovering more than she knows about immigration. 

[Kenny joy 5]

1 minute ago, CMJuilland said:

Your profile indicates that you’re form Nigeria. Here is what the U.S. embassy there has on CRBA: https://ng.usembassy.gov/consular-report-of-birth-abroad/#:~:text=The CRBA and Passport can,the requirements to transmit citizenship.

Yes.  I will go through this. Thanks 

[nastra30 2,041]

2 hours ago, Kenny joy said:

Yes.  I will go through this. Thanks 

Definitely do. Based on what you mentioned the child will automatically be a USC upon birth. You'll need to obtain their CRBA and US passport before they travel; it's very important. All the best with the pending addition to your fam and good luck with the rest of the Immigration process.

[Kenny joy 5]

2 minutes ago, nastra30 said:

Definitely do. Based on what you mentioned the child will automatically be a USC upon birth. You'll need to obtain their CRBA and US passport before they travel; it's very important. All the best with the pending addition to your fam and good luck with the rest of the Immigration process.

Thank you so much ☺️ 

[Mike E 11,726]

1 hour ago, Kenny joy said:

Thank you so much ☺️ 

 

Just because your spouse was a citizen for 10 years doesn't mean child will also be a U.S. citizen.

 

Your child will be a U.S. citizen if your spouse had 5 years of physical presence in the USA, 2 of which have to be after age 14.

 

It can be difficult to prove that. 

[pushbrk 12,232]

4 hours ago, Kenny joy said:

To be honest, my main concern is if my child can accompany me after birth without a visa. I am not worried about him being a citizen yet

Everybody can see and understand your concern and your question.  We're actually here to help people with even more than that, which is what they NEED TO KNOW even if they don't know what to ask.  

 

Your spouse, petitioner, sponsor, and father of the child needs to take action to get a Consular Report of Birth Abroad for his child, if the child is entitled to US Citizenship BECAUSE no visa can be issued to such a child.  There's a solution to your situation.  It's not just a matter of answering one simple question.

[Rocio0010 5,572]

Have the father of the child sign up for VJ. 

[Kenny joy 5]

4 hours ago, pushbrk said:

Everybody can see and understand your concern and your question.  We're actually here to help people with even more than that, which is what they NEED TO KNOW even if they don't know what to ask.  

 

Your spouse, petitioner, sponsor, and father of the child needs to take action to get a Consular Report of Birth Abroad for his child, if the child is entitled to US Citizenship BECAUSE no visa can be issued to such a child.  There's a solution to your situation.  It's not just a matter of answering one simple question.

Thank you 

[iwannaplay54 985]

22 hours ago, Kenny joy said:

To be honest, my main concern is if my child can accompany me after birth without a visa. I am not worried about him being a citizen yet

His citizenship affects the answer.  If a US citizen, you need to get him/her a CRBA and US passport from the US consulate then he/she can travel with you, no visa.  If not a US citizen then he/she can travel with you without a visa as long as you have a long form BC and passport from his/her home country. 

[Kenny joy 5]

1 minute ago, iwannaplay54 said:

His citizenship affects the answer.  If a US citizen, you need to get him/her a CRBA and US passport from the US consulate then he/she can travel with you, no visa.  If not a US citizen then he/she can travel with you without a visa as long as you have a long form BC and passport from his/her home country. 

Okay, thank you for your reply 

[iwannaplay54 985]

1 hour ago, Kenny joy said:

Okay, thank you for your reply 

Yes you don’t get the CRBA, the USC father needs to step up and start preparing the application from now.