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AlexV

Eligibility US Citizenship for child

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Hello all,

I'm currently a L-1 Visa holder married to a US Citizen, currently residing in the US.

My company will start to arrange a family based GC for me somewhere this year.

Question:

We had a daughter while residing outside the US, who was not eligible for US citizenship at birth due to my wife not having lived in the US for at least 5 years.

Post her birth we have since moved to the US (1.5 yeards now). When would my daughter be eligible for a green card or US citizenship?

Is this only possible after I receive my green card or is there a time constraint?

Thank you for the help.

Regards,

Alexander

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Was your wife a US citizen from birth and grew up abroad (if she was naturalized it would be unlikely for her to not have been in the US for 5 years)?

Is your daughter in the US? Did she enter the US on an immigrant visa (petitioned by your wife)? or did she enter on a nonimmigrant visa?

Basically, your wife, the US citizen, would petition her daughter to immigrate by filing I-130. If your daughter is outside the US, she would do Consular Processing at a US consulate to get an immigrant visa. When she enters the US with this immigrant visa, she would immediately become a US permanent resident (green card holder), and she would also immediately become a US citizen under INA 320 as a permanent resident under 18 living in the US with a US citizen parent (your wife). If your daughter is inside the US and entered on a nonimmigrant visa, I-130 and I-485 would be filed for her to do Adjustment of Status inside the US. When approved, she would become a US permanent resident, and also immediately become a US citizen.

p.s. Why aren't you immigrating by being petitioned by your wife?

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