AlexV Posted May 19, 2020 Report Share Posted May 19, 2020 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 Quote Link to comment
newacct Posted May 20, 2020 Report Share Posted May 20, 2020 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? Quote Link to comment
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