Wife needs green card, 2 year old needs?

D

DowningJP

New Member
Hey everyone,

Glad to have found this forum, and maybe you folks will be able to give me the best advice.

I'm a dual citizen (USA/Canada) living in Canada, however, I was accepted and will likely be attending a medical school in the United States. I am aware that I will need to file I-130 for my wife (Canadian) , but what would be the best option for my daughter (Canadian-born)? Is there a best way to go about this, to ensure things go smoothly?

Thanks!
 
Assuming you were a US citizen and married to your wife when your daughter was born and you have been physically present in the US in your life, before your daughter's birth, for a cumulative total of 5 years, including 2 years after you turned 14, your daughter is automatically a US citizen at birth. You would apply for a CRBA and US passport for her at any US consulate.
 
My question is would it be a less expensive avenue to just apply for PR for my daughter as well who will get citizenship as a result of INA 320?
 
Your daughter cannot get LPR status if she is a citizen. So, your first order of business for her is to determine whether or not she is a US citizen. If yes, get her a passport and CRBA (takes a week to get it in the mail, as it did for my kids in Germany) after you apply at a consulate/embassy. She could technically enter the US on her Canadian passport, after which you could get her a US passport once you've moved, but with you all moving to the US, it could be a hassle at the airport/border (yes, I know she technically has to enter the US on a US passport, but anecdotal evidence points to sporadic enforcement, and mostly lax application, especially for minors - still, I am not recommending it except as a last resort).
 
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