Child born abroad after N400 interview and before Oath - Please help !!

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N400_applicant

Registered Users (C)
Hello N400 gurus

I would appreciate it if you could throw some light into the situation I am in. My green card wife is due to deliver a baby outside the US in India couple of weeks after my N-400 interview. Hence I will not have a certificate of citizenship by the time my child is born. My questions are..

1. Will the US consulate in India register the birth (FS240) of my child and recognize my child as a US citizen if I show that I have completed my citizenship interview (and hopefully approved!) ? If so, do I have to apply for a US passport for my child at the consulate and wait for it to come back before my child can travel to the US?

2A. If the consulate does not recognize my child as a US citizen, I suppose I will apply for an Indian passport. In that case, I understand that my child will get a green card (I-551) at the port of entry in US but will the airlines allow my child to travel without a visa, how do I explain them the rule, is there documentation that I can print and show them?

2B. Will my child get a green card at the Port of Entry based on my citizenship (if I have my US passport by then) or my wife's green card? The reason I am asking is if my wife and I travel separately to the US, who should the baby rather accompany to get the I-551 stamp at POE?

Thanks for any insight..
 
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Hello N400 gurus

I would appreciate it if you could throw some light into the situation I am in. My green card wife is due to deliver a baby outside the US in India couple of weeks after my N-400 interview. Hence I will not have a certificate of citizenship by the time my child is born. My questions are..

1. Will the US consulate in India register the birth (FS240) of my child and recognize my child as a US citizen if I show that I have completed my citizenship interview (and hopefully approved!) ? If so, do I have to apply for a US passport for my child at the consulate and wait for it to come back before my child can travel to the US?

No - because you are not a US citizen until you have taken the oath of allegiance and have received your certificate of naturalization. So, the US consulate will not issue a FS240 in this scenario.

2A. If the consulate does not recognize my child as a US citizen, I suppose I will apply for an Indian passport. In that case, I understand that my child will get a green card (I-551) at the port of entry in US but will the airlines allow my child to travel without a visa, how do I explain them the rule, is there documentation that I can print and show them?

Yes - according to the INA, the child is going to be awarded LPR status as long as he/she is making his/her first entry into the USA with the LPR parent within the first two years of life. This must also be the first trip back for the LPR parent. You raise a very good question. In my opinion you will need to consult the consulate as you might not be allowed to board without some type of visa. Perhaps they would be able to issue a visitor visa for the child to facilitate the trip. Unfortunately, my experience with this involves the birth of a child in a country that participants in the visa waiver program.

2B. Will my child get a green card at the Port of Entry based on my citizenship (if I have my US passport by then) or my wife's green card? The reason I am asking is if my wife and I travel separately to the US, who should the baby rather accompany to get the I-551 stamp at POE?

Your child should enter with your wife if you are a US Citizen by then. Only an LPR parent entering the US for the first time (with the child) within the first two years of the birth is covered by the law. However - in my interpretation of the law - to take advantage of the Child Citizenship Act, you should travel back with your wife and child so you are present at the POE and are registered as the US Citizen parent with a foreign born immigrating child. So basically, the child gets the greencard through your wife and US citizenship through you.

The good news is that upon successful entry of your child as an immigrant (LPR) - and you are a US Citizen - you can apply for his/her certificate of citizenship the very next day according to the Child Citizenship Act [form N-600]. Your child will acquire US citizenship the day the application is approved.

Your other option is to apply for an I-130 and I-485 for your child (as an immediate relative) - which is the longer route to take.


Information for Parents of Foreign-Born Biological Children Residing in the U.S., January 2004

The Child Citizenship Act (CCA) declares that children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will acquire automatic citizenship. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.

1. Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

* At least one parent is a U.S. citizen,
* The child is under 18 years of age, and
* The child is admitted to the United States as an immigrant.

Thanks for any insight..
 
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N400_applicant said:
2A. If the consulate does not recognize my child as a US citizen, I suppose I will apply for an Indian passport. In that case, I understand that my child will get a green card (I-551) at the port of entry in US but will the airlines allow my child to travel without a visa, how do I explain them the rule, is there documentation that I can print and show them?
Click to expand...
Get a transportation letter from the US consulate for the baby, and the airlines will allow the baby to travel to the US. See http://guayaquil.usconsulate.gov/baby_transportation_letter.html (it is for the consulate at Ecuador, but I expect the procedure will be the mostly same ... call the consulate in India for specific details).
 
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My sister had same situation. Here what she had to do:

1) called to US embassy to schedule a visit and they provided her date and time of the interview. She had to bring her US Passport, child's translated birth certificate or version in English, which my country is providing and passport.
2) They issued her travel letter and stamp to passport, that child can travel to the USA with her USC mom.
3) They also took all information to setup for green card.
4) They provided at the POE her A# with stamp to her passport.
5) She had to apply for green card for the kid.
6) After 2 months she received GC.
7) naturalization for mom completed.
8) She went to USPS to apply for US Passport.
9) After US Passport arrived she applied for N600.
 
Hi Thrix

Bit confused over your reply, can you please clarify. If the mother already had a US passport, why didn't the child automatically get citizenship and hence FS240 at the consulate? Also, if the mother already had a US passport, what do you mean by "mom completed naturalization"?

Thanks
 
N400_applicant said:
Hi Thrix

Bit confused over your reply, can you please clarify. If the mother already had a US passport, why didn't the child automatically get citizenship and hence FS240 at the consulate? Also, if the mother already had a US passport, what do you mean by "mom completed naturalization"?

Thanks
Click to expand...

The mother is only a GC holder.
 
Hello gurus

Thanks for your replies so far. I have one more question. My wife and I are scheduled for the N400 interview on the same day and because my wife is due to deliver in India around the same time, she cannot attend. Can you throw more light into postponing her interview, how reliable it is and given that we are forced to do it, any precautions I need to take in the process of postponing? Do I need to call the Vermont Service center separatley other than requesting it from the DO?

I am planning to take the request letter to postpone my wife's interview on the day of our interview and handing it over to my Interview officer.
 
N400_applicant said:
Hello gurus

Thanks for your replies so far. I have one more question. My wife and I are scheduled for the N400 interview on the same day and because my wife is due to deliver in India around the same time, she cannot attend. Can you throw more light into postponing her interview, how reliable it is and given that we are forced to do it, any precautions I need to take in the process of postponing? Do I need to call the Vermont Service center separatley other than requesting it from the DO?

I am planning to take the request letter to postpone my wife's interview on the day of our interview and handing it over to my Interview officer.
Click to expand...

If your interview date is soon, your case file is probably already at the DO, so they are the people you need to write to. Your plan of giving your wife's letter to your IO seems like a reasonable idea to me.

Not sure how long it'll take to get a rescheduled appointment - probably 3-5 months or so, maybe longer.
 
Jackolantern said:
But she already had a US passport, as described in point (1) of thrix's post?

Thrix must have just meant "passport", not "US passport".
Click to expand...

Ah yes, but Thrix was describing a situation with his sister, who apparently what already a USC, whereas N400_applicant has a "green card wife" according to his first post.
 
LolaLi said:
2B. Will my child get a green card at the Port of Entry based on my citizenship (if I have my US passport by then) or my wife's green card? The reason I am asking is if my wife and I travel separately to the US, who should the baby rather accompany to get the I-551 stamp at POE?

Your child should enter with your wife if you are a US Citizen by then. Only an LPR parent entering the US for the first time (with the child) within the first two years of the birth is covered by the law. However - in my interpretation of the law - to take advantage of the Child Citizenship Act, you should travel back with your wife and child so you are present at the POE and are registered as the US Citizen parent with a foreign born immigrating child. So basically, the child gets the greencard through your wife and US citizenship through you.

QUOTE]

I have a question regarding the last 2 lines from the quote above. My N400 interview is in mid January which is when my baby is due in India and looks like it will take 3 to 5 months for my oath ceremony if approved. Is there a specific advantage for me to be there at the POE as a US citizen when my child first enters the US? Would it not be the case that if I get my naturalization certificate after my child enters the US, I can apply for a passport and N600 for my child?

The reason I am asking is if there is an advantage for the US citizen parent to be there at the POE with the foreign born child, then I'll wait to take my oath and get the certificate before getting my child into the US..

Please let me know, thanks..
Click to expand...
 
boatbod said:
Ah yes, but Thrix was describing a situation with his sister, who apparently what already a USC, whereas N400_applicant has a "green card wife" according to his first post.
Click to expand...
Seems like Thrix's sister became a USC at step (7), not that she was a USC since the baby's birth.
 
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