Noorah101

Oh, ok. Looks like this will still work out for you, since you don't even have to stay the full 16 months, you can come to the USA as soon as she has her immigrant visa, only 8 to 10 months. Works out even better for you!

But maybe there is a quicker way, as Mr F points out. Basically the only thing you shouldn't do is have her enter as a visitor with the intent to remain and adjust status, that part is illegal, and can come back to bite you (or her) pretty hard - you don't want her young life in the USA to start out on the wrong foot. Consult with an attorney and see if there's a way to expedite the immigrant visa.

Best Wishes,
Rene
p.s. - I'm sorry for your loss 2 years ago.

ian-mstm

As the resident sanctimonious prick, may I ask what your daughter wants? Does *she* want to live in the US? The more you write, the more it sounds like you are frustrated by the restrictions placed on your daughter because it interferes with what *you* want to do.

Ian

augigi

LOL @ Ian. Since when does a 6yo kid get to decide where their parents (and them) move to?

ian-mstm

I never said anything about her deciding... I asked about what she wanted.

Ian

augigi

Same difference... I just wanted a pony when I was 6, didn't mind where we lived

Noorah101

My dad promised me a pony if I didn't put up a fuss over moving from Connecticut to Arizona when I was 9 years old. I'm 48 and still waiting for the pony.....LOL

Rene

augigi

LOL - you got further than I did! My parents said I could have one when I could pay for it. Never got around to that.... luckily dad's best friend had a farm though - free rides!

ian-mstm

When I was 6, my father announced we were moving from Glasgow to Toronto. While we all moved anyway, it would have been less traumatic if he had, at the very least, asked for our thoughts on the situation. Even if we were powerless to change the outcome, being asked would have made a difference. Parents often have no clue as to the depth of trauma they inflict on their children... all under the guise of "best for the family".

Ian

captain76

Thank you for the sentiments.

I did notice on the back of the green form that you may not apply unless eligible under INA 201(b) (presumably the Immigration law). It looks like to me, as a lay man, that a child (minor under 21) can enter on VWP and 'adjust for status' - would my reading of that form be right?

It's all so complex and confusing ... but thanks to you lot for assisting.

JAJ

VWP is not for those with an intent to adjust for permanent residence.

Why are you trying to make a relatively simple process much harder for yourself.

There are two ways open to you to have your daughter become a U.S. citizen:

1. Expedited naturalization based on her American grandparent. She does not have to be a resident of the U.S. but must visit the U.S. to complete the process.
http://travel.state.gov/family/adopt.../info_456.html

2. Sponsor her for an immigrant visa, then she immediately becomes American on entering the United States.
http://travel.state.gov/family/adopt.../info_457.html


You won't find people here helping with your existing plan of using the VWP as that's basically not a very smart thing to try.

Noorah101

I don't think so, but can you explain why you think it means something different than what it says?

It's actually not that confusing once you understand the process. Go to www.uscis.gov, Immigration Forms, and read the I-130 instructions and form. It's all in black and white right there. Or if you still think that's confusing, have a 1-time consultation with an immigration attorney who can explain the process face-to-face, where you can ask questions and take notes. You don't have to hire the attorney for the whole process, just a consultation to set you on the right path. It could be well worth it...that's what I did, and I don't regret it.

Rene

Folinskyinla

Hi:

You have got that one down perfectly. In principle I have no objection to "DIY", and if people want to kibbitz on how to do things in a general fashion.

That I-94W is correct insofar as it goes, but there is lot more to the story. Also, you are edging into consideration of committing a fairly major felony. You really don't want to go there.

Bottom line -- there are things that are possible and are BEST discussed with a competent immigration lawyer in a PRIVATE setting -- the attorney-client privilege is a nice thing to have in your case. You certainly do not have it here.

The law and practice give you avenues to do what you want LEGALLY without you having to commit a criminal act.

crg

Are you on the birth certificate? Was the child considered legitimate under the laws of your domicile at the time? The child may have derived citizenship through you if you're the birth father. The problem is that if this is an out of wedlock birth then the USC father has to legitimate the child. Since you derived citizenship from your father retroactively back to your birth, you may be able to pass it on to your child.

You may need a period of US residence yourself to transmit citizenship to your child though.

What year were you born, and during what time periods of your life have you resided in the United States if any?

If you have never resided in the US, you may not be able to go this route.

If you can't transmit citizenship to the child then you need to get the child status through the immigrant visa process. Then the child would become a US citizen upon entry with the immigrant visa.

The last person I met who was trying to sort this out in the US had been waiting almost 2 years.

Essentially have all of these rules for six year olds because entire 3rd world villages would be shipping their kids to the US by using shady "adoption" schemes. It already happens to some degree. Also, they don't want anchor babies to be able to pass on citizenship indefinitely without anyone ever actually residing in the US.

Folinskyinla

Hi:

A quite pejorative term IMHO. Don't get me started.

scrubbedexpat099

This always brings a smile to my face, we did exactly this and were told that I should just come on the VWP and adjust. The fast track sic solution. I would put a few dollars, not that they are worth much, that Iwe are not the only one to have received this legal guidance.

I did not go this route.