hobbits

Hi Ian,

Many thanks for your quick reply, below text form UK.usemmaby says that VWP can't be used for permanent residency and I think naturalisation itervriew is somehow related to permanent residency.

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https://uk.usembassy.gov/visas/visa-waiver-program/

The VWP cannot be used if your purpose of travel is to study for credit, employment, work as foreign press, radio, film, journalists, or other information media, or take up permanent residence.

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Best Regards
Hobbits

ian-mstm

It is not.

Ian

crg

Entering as a visitor for naturalization is allowed. The beneficiary of an N600K is never a permanent resident. They go from visitor to citizen, then go back to their foreign residence.

So VWP or B2 is appropriate if those criteria are met. If the child plans to remain and reside in the US on that entry, then an immigrant visa is required.

Be sure to bring documentation describing that it is appropriate because it is an uncommon occurrence and all of the border guards may not know about it.

Per: https://fam.state.gov/fam/09FAM/09FAM040202.html

9 FAM 402.2-4(B)(7) (U) Children Seeking Expeditious Naturalization under INA 322
(CT:VISA-336; 04-13-2017)
a. (U) Naturalization is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child's intended naturalization, however, does not exempt the child from the requirements of INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, whereas a child whose parents habitually reside in the United States will not.
b. (U) If the applicant for a nonimmigrant visa (NIV) to facilitate naturalization under INA 322 is the adopted foreign-born child of a U.S. citizen who resides abroad and does not intend to reside permanently in the United States, you may issue a B-2 visa if the applicant:
·(U) Presents a DHS-issued Form G-56, General Call-In letter;
·(U) Establishes eligibility under INA 101(a)(15)(B); and
·(U) Either:
·(U) If not an orphan, satisfies the two-year residency and custody requirement of INA 101(b)(1)(E); or
·(U) If an orphan, is the beneficiary of an approved Form I-600, Petition to Classify Orphan as an Immediate Relative, and establishes that the Form I-604, Determination on Child for Adoption, has been conducted showing that the applicant meets the criteria of INA 101(b)(1)(F).
c. (U) The applicant must:
(1) (U) Overcome INA 214(b);
(2) (U) If not the natural child of the parents, prove that the U.S. citizen parents have legally and fully adopted him or her;
(3) (U) Present a Form G-56, General Call-In Letter, from DHS, signifying the child has an appointment for a naturalization interview; and
(4) (U) Show that he or she is the beneficiary of either an approved Form N-600-K, Application for Certificate of Citizenship and Issuance of Certificate Under Section 322, or Form N-643, Application for Certificate of Citizenship in Behalf of an Adopted Child, which confirms that the child qualifies for naturalization under INA 322.
d. (U) The parents must meet the transmission requirements.
e. (U) Because the child is applying for a nonimmigrant visa (NIV), Form I-864, Affidavit of Support Under INA 213A, is not required.
f. (U) The child would not qualify for a B-2 visa if the family were relocating to the United States. If this were the case, then the child would be required to have an immigrant visa (IV). You should not issue a nonimmigrant visa in lieu of the IR3/4. The issuance of an NIV to an orphan to effect a child's immigration violates the law, places the child in an untenable immigration predicament, and circumvents the scrutiny intended to protect the orphan and the adoptive parents. The issuance of an NIV also does not accomplish the intended goal, since the orphan cannot adjust status under DHS regulations.
g. (U) Children paroled into the United States have not been lawfully admitted to the United States for the purpose of the certificate of citizenship under INA 322.

hobbits

Hi...Many thanks for reply. My son got naturalisation and now need to apply for US passport in USA but 2nd parent is in UK and as per passport application "2nd parents notarised statement or DS3053 is required. can 2nd parent get this thing in UK and send over to USA or any other better solution is available. If yes, from where this can be done and how long does it take?

Best Regards
Hobbits