I need to transfer citizenship to child born abroad but was denied

[venezuelanboy89]

I am a US Citizen. My daughter was born in the Netherlands because my wife is a dutch citizen.I did an appointment with the embassy to request citizenship for my daughter through birth (CRBA) but since I became a citizen one week after my daughter was born. My application was denied by the consul at the appointment. What can I do now? Is there any way to get her citizenship?

[inadmissible]

Your daughter obviously didn't acquire US citizenship at birth, because neither parent was a US citizen when she was born

However, since then, you have naturalized, giving your daughter a pathway to US citizenship

She will automatically acquire US citizenship when she acquires US permanent residency and lives with you in the United States

See https://www.uscis.gov/policymanual/H...-Chapter4.html

[venezuelanboy89]

Your daughter obviously didn't acquire US citizenship at birth, because neither parent was a US citizen when she was born

However, since then, you have naturalized, giving your daughter a pathway to US citizenship

She will automatically acquire US citizenship when she acquires US permanent residency and lives with you in the United States

See https://www.uscis.gov/policymanual/H...-Chapter4.html

Thanks for your answer, so what will be next step then? Filing 485 and 130 for the child?

[venezuelanboy89]

Your daughter obviously didn't acquire US citizenship at birth, because neither parent was a US citizen when she was born

However, since then, you have naturalized, giving your daughter a pathway to US citizenship

She will automatically acquire US citizenship when she acquires US permanent residency and lives with you in the United States

See https://www.uscis.gov/policymanual/H...-Chapter4.html

Sorry it my questions seem kind of dumb, my quesiton is, how does she acquire US permanent residency? Or can I just go and file for passport with form DS-11? Based on the following instructions on the form.

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular
Report of Birth Abroad, or evidence described below:

- If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and
official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents'
marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable.

- If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form
DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your
parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States
and abroad before your birth.

[newacct]

Only a US citizen can apply for a CRBA or a Certificate of Citizenship or a US passport. Your child is not a US citizen. So none of that is relevant.

First of all, where is the child? In the US or outside the US? If in the US, how did he/she enter? If outside the US, are you and her intending to move permanently to the US, or remain residing abroad?

[venezuelanboy89]

Only a US citizen can apply for a CRBA or a Certificate of Citizenship or a US passport. Your child is not a US citizen. So none of that is relevant.

First of all, where is the child? In the US or outside the US? If in the US, how did he/she enter? If outside the US, are you and her intending to move permanently to the US, or remain residing abroad?

The child is residing abroad at the moment, we are intending to travel together to US in a few a weeks and move permanently to the states. She and my wife enter the US with an ESTA.

[newacct]

The child is residing abroad at the moment, we are intending to travel together to US in a few a weeks and move permanently to the states. She and my wife enter the US with an ESTA.

Your wife and child are not supposed to use VWP to immigrate. They will be denied entry if the officer suspects they will file AOS during their stay. The proper way would be to file I-130 for each of them and do consular processing abroad at a US consulate in their home country for an immigrant visa. The whole process from filing of I-130 to getting of the immigrant visa may take around a year. If they do get into the US on VWP or other nonimmigrant visa (without lying to the officer), they can each file I-130 and I-485 for AOS.

[venezuelanboy89]

Your wife and child are not supposed to use VWP to immigrate. They will be denied entry if the officer suspects they will file AOS during their stay. The proper way would be to file I-130 for each of them and do consular processing abroad at a US consulate in their home country for an immigrant visa. The whole process from filing of I-130 to getting of the immigrant visa may take around a year. If they do get into the US on VWP or other nonimmigrant visa (without lying to the officer), they can each file I-130 and I-485 for AOS.

My wife has come and gone many times in the last few years with the VWP with no issue. Only issue now is she stayed longer than 90 days.

[inadmissible]

we are intending to travel together to US in a few a weeks and move permanently to the states. She and my wife enter the US with an ESTA.

My wife has come and gone many times in the last few years with the VWP with no issue

The circumstances have changed significantly. Indeed, your "wife has come and gone many times" as a bona fide non-immigrant. Now, she wishes to enter as an intending immigrant. Sure, she might get away with it - many people do on VWP - but you shouldn't be so confident that they will pull it off