Q&A: How do we make our baby a legal U.S. Resident?

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com

Which process should we undertake to make our baby a legal U.S. Resident? What application route is the easiest and fastest?

I am married to an American Citizen and together we have a Canadian-born baby who is 1.5 years old. I am a Canadian citizen and I have been living in Canada together with my family. A few months ago, thanks to my wife’s sponsorship, I received my Green Card.

The problem occurred while getting a U.S Birth Certificate and U.S Nationality. It turns out his mother wasn’t able to prove that she resided in the U.S for more than five years. At the moment, our baby does not have legal U.S. status and we had planned to move to the U.S by the end of 2015.

Is there a faster way to have our son legally enter the U.S? Do we have to go through the same the same I-130 process again? If not, are there other routes or forms we can use to apply?

Answer: It is important to apply for the baby’s citizenship by filing the I-130 and seek the immigration of the baby through the US consulate in Montreal if his mother does not qualify for the residency requirement for the “transmission” of U.S. citizenship. Using the “Immigrant Visa,” the baby will be deemed to be a US citizen once she arrives in the US. Afterward, you will be able to immediately start the application process for the baby’s US passport as well as file Form N-600 (Certificate of Citizenship) with CIS, of which is optional.


Behar international counsel provides a full-range of immigration legal assistance to our clients. Contact us today to learn how we can help you.
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