I have dual nationality. I need your assistance to help my family immigrate to the USA. In April 2014 I filled I-130 petition for alien relative for my wife and children. Later we received the approval for their I-130 petitions and the USCIS transferred the case to the NVC. I paid the affidavit of support fee, now I must do the following: re-establishing domicile and Finding a sponsor.
My question is as the following: I have two kids under the age of 18 who are 9 and 11 years old respectively, does the “Child Citizenship Act of 2000- Section 320 of the Immigration and Nationality Act” applies to them? And should I submit form i-864w instead of i-864 for them?
They have never been to the United State before.
I have only one thing to add to Counselor Behar's words. Anything out of the ordinary these days can get the temporary staff at NVC into a panic. I just had a "W" where it took months to convince them what the law said - completely ridiculous. It was for a family member who didn't mind, so I persisted - but if it was for a client, I would have said "just send them the *** affidavit even though it is pointless."
Send the W but if they complain, just play their game. Don't delay your application just because you are right.
For the "Child Citizenship Act" to apply to your children, they first need to be admitted into the country with their immigrant visas and receive their green cards in the mail shortly thereafter and only then will the Act apply - when you immediately apply for their US passports and file an N-600 Certificate of Citizenship.
Your two children qualify for the "W" exemption under the Act.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
it is much better if you contact an immigration attorney locally for assistance.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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