Marysville, WA asked in Immigration Law for Washington

Q: Can I apply for my daughter under 18 years old a US passport from US embassy if she was born before I got US citizenship

I applied for my wife on Nov 18th, 2016. My wife gave birth to our baby Sarah on Nov 6th, 2017. We added our daughter to my wife's application, and now they have case complete and are waiting their interview letter.

On Oct. 23rd , 2018 I became a US citizen, I have several questions regarding their petition:

* Do I have to upgrade their petition? and if I upgraded, will I have to apply a separate I-130 for our daughter Sarah?

*Is there any way our daughter can travel with my wife?

* Does (N600K) applies on this situation?

* Can she gain a US passport based on my citizenship in the US embassy of the country of residence? even though she was born before I got the US citizenship?

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV
  • Licensed in Washington

A: 1. Do I have to upgrade their petition? and if I upgraded, will I have to apply a separate I-130 for our daughter Sarah?

You need to inform the Department of State that you are a citizen now. You have to file a separate petition for your daughter now that you are a citizen.

2. Is there any way our daughter can travel with my wife?

You can apply for a tourist visa for your daughter, and she can travel with you wife on that, if approved.

3. Does (N600K) applies on this situation?

Your daughter in not a US citizen, so no.

4. Can she gain a US passport based on my citizenship in the US embassy of the country of residence? even though she was born before I got the US citizenship?

Your daughter is not a US citizen. She will become a US citizen automatically when she enters the US as an immigrant or if she is able to get residence in the US.

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