No photo
Asker
Posted about 2 years ago.

the other parent is not usa citizen and the child never been addmitted to USA

Heather Louise Garvock
Heather Louise Garvock, Immigration Attorney - Ann Arbor, MI
Posted about 2 years ago.

Ok, then I agree with my colleague. You need to petition for the child to enter as an LPR, once the child is admitted he wil acquire US citizenship as long as the child is under 18 and you are a citizen when the child is admitted. You do not have to show you spent five years in the US prior to his birth.