Child with I551 visa of a US Citizen Mother (Diversity Visa through the father)

[abumiqdad]

A question that I have of my current predicament.

My wife is a US citizen acquired by birth in the US. She went back to her home country when she was a child (spent 1-2 years in the USA as a child). This means she cannot transfer her citizenship to her offspring automatically. (not fulfilling the following requirement: The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.). She has a current US passport.

I got married to her and we have 2 children together. When the 2nd children was on the way (still wasnt born yet), I somehow got selected for Diversity Visa.

So I went through with the application with my 1st child. The 2nd child was born through out my Diversity Visa process. I then got the I 551 Visa sticker on my passport (and my 1st child's passport as well).

We thought we could travel as a family to the USA for me to get the I 551 visa sticker stamped. I went ahead and applied through a local US Consular office for my 2nd child's Visitor's visa to the USA. When the interview day came, i was surprised that my application got rejected on the following grounds:

1. My wife is a citizen
2. I am travelling to the USA on I 551 Visa
3. So does my 1st child
4. Therefore, my family has a strong tie with the USA, and the consular was not convinced that the travel is for VACATION purpose because all other family members can reside in the USA indefinitely, so my 2nd child Visitor/Tourist visa got rejected.

Now the situation is that my WHOLE family can never travel into the USA together.

Still i, along with my 1st child went to the USA to fulfill the requirement of I 551 DV visa (to enter the USA before the visa expires [within 5 months of the visa issuance]).

We went to the USA, got the visa stamped, stayed for 9 days, and then went back to our home country.

So me and my 1st child has I 551 and should get our Green Card mailed (this is another issue, suitable for a different post).

I have heard that if the child is a child of a US Citizen, and the child carries immigrant Visa I 551 when entering the USA, the child will automatically becomes a US Citizen.

Is this the case for my 1st child?

https://www.immihelp.com/child-citizenship-act/

Anyone knows if this law is applicable for my case? And what can i do about it?

(currently me and my 1st child are in our home country, and we are planning what to do considering that it is hard for my WHOLE family to make a move to the USA considering that my 2nd child, who is still nursing with his US citizen mother, cannot travel to the USA without some sort of Immigrant visa, however, i have some plans to go to the USA with my 1st child to settle an issue with our Green Card) .

[newacct]

These are your wife's biological children, right? The first child would have already become a US citizen if they lived in the US with the mother (your wife), but since your wife hasn't moved yet, that hasn't happened yet. They will become a citizen when your wife moves. Right now the first child is still a permanent resident.

I'm assuming that the fiscal year for your DV is over (so that the second child cannot get an immigrant visa to follow to join you)? Your wife should petition for the second child to immigrate (with I-130). US consulates in some countries offer Direct Consular Filing of the I-130 for petitioners residing long-term in that country; if your country has that, your wife should use it for a faster process.