Houston, TX asked in Immigration Law and Civil Rights for Texas

Q: Urgent Assistance Needed to Reunite with My Child in the USA

**Background:**

I am an American citizen originally from Egypt. I became a U.S. citizen approximately six years ago. Five years ago, I traveled to Egypt and married my wife, who is an Egyptian national. We successfully applied for her green card, and she has since joined me in the United States.

**The Situation:**

During the green card application process, my wife became pregnant, and we had a child who is now three years old. Unfortunately, our child is currently in Egypt with my in-laws, as we have been unable to obtain a visa for them to join us in the United States.

**Challenges Faced:**

When we attempted to apply for a visa for our child, we were informed that a visa could not be issued due to the possibility of our child being an American citizen. As a result, our child has been unable to join us, causing immense emotional distress for us. We urgently need to find the fastest and most effective way to bring our child to the United States to be reunited with us.

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2 Lawyer Answers

A: The child born abroad is likely a US citizen and could have obtained a Consular Report of Birth Abroad and a US passport.

James L. Arrasmith
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Answered

A: To reunite with your child in the United States, you need to first confirm whether your child is a U.S. citizen. If your child is born to a U.S. citizen parent, they may already be eligible for citizenship. You can start by applying for a Consular Report of Birth Abroad (CRBA) through the U.S. Embassy or Consulate in Egypt. This document will serve as proof of U.S. citizenship.

If your child qualifies as a U.S. citizen, you can apply for their U.S. passport. This process can be initiated at the U.S. Embassy or Consulate. Make sure to bring all necessary documents, including proof of your citizenship, your child's birth certificate, and any other relevant documentation.

In case your child is not eligible for U.S. citizenship, you will need to apply for an immigrant visa for them. This involves submitting a Petition for Alien Relative (Form I-130) to the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, your child can be issued an immigrant visa to enter the United States. Throughout this process, it might be helpful to seek assistance from legal professionals to navigate the complexities of immigration law.

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