Jump to content
  • Pregnancy

       (0 reviews)


    Pregnancy has implications for immigration in some cases.

    Citizenship

    Children of U.S. citizens born abroad are eligible for a Consular Report of Birth Abroad (CRBA), FS-240, an official record of U.S. citizenship issued to a person under age 18 who was born abroad to United States citizen parent(s) and acquired citizenship at birth. Schools, the Social Security Agency, and other institutions throughout the United States accept it and give it the same credence they give to birth certificates issued by state authorities in the United States.

     

    Only the child's biological parent or legal guardian, preferably the U.S. citizen parent, can apply for a CRBA. Either parent, including a non-U.S. citizen parent, may execute and sign this application. If it will be signed and executed by a legal guardian, a special power of attorney from the parent(s) or guardianship affidavit must be submitted. The application must be made before the child's 18th birthday and the child must make a personal appearance at the U.S. Embassy.

    Visas

    K-1 visa

    You do not file a petition for a K-2 visa. The K-2 is a derivative of the K-1 visa so it is granted along with the K-1 on the same petition. There are separate visa applications required overseas but they are normally processed together.

     

    You cannot include the child in your K-1 petition if it isn't born yet when you file, but you should be able to have the petition modified later if she gives birth before her visa is issued. Even if she has her K-1 visa in hand, the child’s K-2 visa can still be granted after the fact when she does give birth by having her file a visa application for the child. The K-1 visa is good for 6 months and can even be extended in certain cases.

     

    If you wanted your child to have his/her birth registered abroad as a US citizen, then you have a whole different pile of paperwork to work on. Without being married first, you would really need to go over there and file the paperwork yourself to be sure. You may even have to have DNA testing done in some cases. With a marriage to the mom before the child is born, the paperwork is much easier.

    If you did go over and marry her before she gave birth, there is no "family visa". You would have to file a new petition for your spouse for a CR-1/SR-1 immigrant visa and you would have to register your child’s birth over there and your child would travel without a visa as a US citizen. It may be possible to file separate immigrant visa petitions for the mother and child and then have the child’s citizenship established after arrival in the States. The governing law would be the Child Citizenship Act of 2000. Maybe ask an immigration attorney. You can probably get a free consultation if you get a referral through your local bar association.

     

    If she brings the child over with her on a K-1/K-2, then the child can still gain citizenship through naturalization along with mom if she is naturalized while the child is still a minor. The only real drawback of by doing it this way is that your child could never be elected president of the United States.



    Still Need Help?
    We're Here for You!
    Have one or two questions that you want professional help with?
    Ask one of our qualified lawyers.
    Looking for full service assitance, from A to Z? We've got your covered!
    Connect with our trusted immigration pro's!

    NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.





    User Feedback

    There are no reviews to display.


×
×
  • Create New...