Legal Question in Immigration Law in Virginia
immigration
I am a US citizen currently residing in Pakistan with my husband and 3 kids since the past 7 years. I am now applying for their immigration. I would like to know the following:
1. I have been told that I can apply in Islamabad if I want but I am residing in karachi. Do I have to apply in the local embassy or can I mail directly to the Chicago address given in the I-130.
2. If I am to send the petition to the chicago address. Would it matter that my address in the I-130 as well as the Biographic Info form (G-325A) is of karachi, pakistan?
3. If I can send the petition to the chicago address, do I have to send it directly from pakistan or can I mail it to my sister who can subsequently mail it to chicago?
Thank you and looking forward to your reply
2 Answers from Attorneys
Re: immigration
You should adhere to the instructions for a U.S. citizen in your particular circumstances(i.e., outside the U.S. filing petition for alien relative) which probably allow for either way that you've referenced.
I doubt, however, that you would be permitted to have it mailed from your sister's address in Chicago which might even be adversely interpreted as somewhat misleading on your part.
Check if the children are US citizens
Were you a US citizen at the time of your children's births?
If you were a US citizen when a child is born, that child may have been born a US citizen. As a US citizen, the child does not need anyone to file an immigration petition for the child.
If a US citizen, what the child needs is proof of the child's US citizenship. For the proof, you will need to contact the US Embassy/Consulate where the child was born and provide the requested documentation. Once the US Embassy/Consulate verifies the documentation, the child will be provided with proof of US citizenship and a US passport.
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