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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3773
Experience:  Private practice in several areas, including immigration
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I am a US citizen 3 years. My son's CRBA application has

Customer Question

I am a US citizen for about 3 years. My son's CRBA application has just been denied. My older two kids and wife have joined me since January 2016 vis a form I-130 I filed for them ( my 3 year old son was born after I became a U.S citizen.
What options do I have apart from filing a form I-130 for my 3 year old son so he can join the family as soon as possible?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Judith replied 3 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You don't meet the physical presence requirement for your child to acquire citizenship despite your naturalization prior to birth since your spouse is not a US citizen.

You have no option but to file the I-130 and then under the Child Citizenship Act once your child enters the US as a permanent resident you can file the N-600 and he can then gain citizenship.

Does your child meet this requirement to enter based on your wife's first trip back to the US since giving birth and she was an LPR when she gave birth?

According to the U.S. immigration law, a child under two years of age who was born of a Lawful Permanent Resident (LPR) mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid I-551 (Lawful Permanent Resident Card) or “Green Card”, a valid reentry permit, or an SB-1 visa. The child must be admitted to the United States within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.


Customer: replied 3 months ago.
My son is over 3 years old. My wife recently became a LPR after my son's birth. I read about a follow- to- join visa category. can that suffice through my wife's LPR status or can we expedite the form I-130 process due to humanitarian reasons.