Legal Question in Immigration Law in Minnesota
baby US citizen
hi. My daughter is a US citizen , she is 1.5 yr old. Me and my husband were in MN. and husband was on H1 and i was on H4. We got transferred in india. and now me and my husband are living seperate. Daughter is with me. We came back to india on june 2007. Now when my daughter is US citizen, is there any way i can go back to US? wil her citizenship help me out in some way to get the permanent reside3ncy visa? what shall i do in that case? My husband had applied for green card, but since we are seperate i have no idea as to whether he applied for me also or what is his status now.
please advice on this issue
3 Answers from Attorneys
Re: baby US citizen
in case you are in possession of the u.s. passport of the baby, u need to seek a declaration from the court that you are having the custody of the child and not your husband. you will have to implead your husband as a party and once you get the declaration qua the custody of the child, you may apply for the citizenship by naturalization and also on the basis of your daughter being u.s. citizen and you being the sole guardian. there are good chances of you getting the citizenship in case the custody matter is solved before applying.
Re: baby US citizen
Try for a visitor visa.
Re: baby US citizen
You are NOT entitled for permanent residency rights in USA. though technically your daughter is a US citizen by birth, but practically she has to live with her parents as per their citizenship/immigration rights.
Children born of immigrant / visitor parents cannot confer any rights on their parents till they are minor. After attaining majority, they are entitled to sponsor their parents/siblings.
You may try for a visitor visa.
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