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  • About Baby born outside the U.S

    Hello Everyone
    I'm a U.S citizen and my wife she is a Canadian citizen and GreenCard holder we live together here in the states
    Now she gave a birth in Canada Montreal we want to bring the baby back to the U.S but I don't want to do his paperwork through the U.S embassy in Canada as this will take a long time and I have a job here so is it possible to bring the baby with his Canadian passport and then once he be here apply for his U.S citizenship ?
    Thanks

  • #2
    Assuming you have been physically present in the US in your life for at least 5 years cumulatively, including 2 years after you turned 14, your baby is already a US citizen, so you would not be "applying for his US citizenship". It should not take a long time to get a CRBA and US passport for the child in Canada. You would not be applying for an immigrant visa for the child, since the child is already a US citizen; you are simply getting a CRBA and a US passport.

    There is a chance that the baby will be denied entry, if you guys simply seek to have him enter as a B2 visitor, when the baby is traveling with a permanent resident mother or a citizen father.

    On the other hand, there is a rule that a child born abroad to a permanent resident mother can enter the US as a permanent resident without an immigrant visa if brought back to the US before the age of 2 and with a permanent resident parent on that parent's first return to the US after the baby's birth. So if your wife brings the baby to the US on her first return to the US after the baby's birth, chances are the immigration officers will just admit the baby as a permanent resident on that provision (admission class NA3). After the baby is admitted, you can pretty much ignore the admission as a permanent resident, since the child is a US citizen, and just apply for a US passport for the child.
    Last edited by newacct; 08-12-2019, 04:39 PM.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      The rules are all here:
      https://travel.state.gov/content/tra...rn-abroad.html

      Scroll down to section "Birth Abroad to One Citizen and One Alien Parent in Wedlock"

      If you decide to use the Embassy/Consulate in Canada.. this link is useful:

      Last edited by N400questions; 08-12-2019, 03:02 PM.

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      • #4
        newacct answers are spot on. You might want to look into visa waiver for child of permanent resident. Considering Canada has Pre-clearance for USA, you can give it a try there OR just drive to the border - if you are close by.

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