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  #1  
Old 31st March 2009, 04:35 PM
repsolv8 repsolv8 is offline
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Location: Charlotte NC USA
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Daughter of US citizen born in india, but before oath date

Hi all,

I became a naturalized US citizen on February 18th 2009

My daughter was born in india one month before that is on 18 january 2009.

can i apply for the CRBA -consular report of birth abroad? and get her a us citizen status

I have already filed a I130 for this child after i became a citizen.

I got approval notice for my wife, that her petition has been forwarded to the NVC,
how shall i include my baby with this wife's processing.. i dint recieve the approval for daughter's I130, i got only for my wife. how do i link these two?

will i have to go to India to get my daughter here?

please pleasse hellp meee
any suggestion. greatly appreciated..
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  #2  
Old 31st March 2009, 05:50 PM
AzBlk AzBlk is offline
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A child born in a foreign country of alien parents, or adopted by alien
parents, may have become a United States citizen automatically after
birth, without having himself or herself applied for naturalization, if
one or both of his or her parents became naturalized before the child
reaches a certain age It must be noted that the law in effect at the
time of the parent's naturalization will determine if the child becomes
a citizen.

Currently, a child who is a lawful permanent resident, under 18 years of
age and unmarried may automatically derive citizenship of the United
States through the parents under certain conditions:

(1) a child whose parents are lawful permanent residents becomes a
United States citizen-on the date that the last parent is naturalized
before the child's 18th birthday;

(2) a child who has one of the natural parents already a citizen, and
the other natural parent becomes naturalized before the child's 18th
birthday;

(3) a child whose surviving parent, or the parent exercising legal
custody where the parents are legally separated or divorced, is
naturalized before the child's 18th birthday, regardless whether the
other parent was or is an alien; or

(4) an illegitimate child whose mother naturalizes before the child's
18th birthday and paternity has not been established.
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  #3  
Old 31st March 2009, 06:53 PM
Jackolantern Jackolantern is offline
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Quote:
Originally Posted by repsolv8 View Post
can i apply for the CRBA -consular report of birth abroad? and get her a us citizen status
No, because you were not a citizen at the time of her birth.

You will have to file I-130 and bring her to the US as a permanent resident. Once she is living with you as an LPR in the US, she becomes a citizen automatically. Then you just have to apply for her US passport and/or N-600 certificate.
__________________
PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007

I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #4  
Old 1st April 2009, 01:18 PM
Triple Citizen Triple Citizen is offline
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Location: Naperville, IL, USA
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The mother does not have her GC yet, is that correct?

Quote:
Originally Posted by repsolv8 View Post
My daughter was born in india one month before that is on 18 january 2009.
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #5  
Old 1st April 2009, 10:32 PM
repsolv8 repsolv8 is offline
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Location: Charlotte NC USA
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Quote:
Originally Posted by Triple Citizen View Post
The mother does not have her GC yet, is that correct?
yes , mother doesnt have green card

i recieved the noa2 letter of approval notice from uscis for my wife.
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  #6  
Old 2nd April 2009, 02:44 AM
AzBlk AzBlk is offline
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Just file i-130 to bring her here as a LPR and she will become a citizen at POE
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