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I was born in the USA when my parents were studying there, then when I was about 1 year old they returned to their country. I have visited the USA like 10 times in all my life. I've been married now for 15 years and I have a daughter 6 years old. We are planning to emigrate to the US, can I apply for DS-2029 (CRBA) for my daughter even though I don't have the 5 years requirement or should I apply for an I-130 for my husband and also for her. I'm currently not in the US.

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CRBA is only for children who were already US citizens from birth. Your daughter was not a US citizen at birth, because you did not meet the conditions to pass US citizenship onto her. Therefore, CRBA is not applicable.

Since your whole family is planning to immigrate to the US, the proper thing to do would be to petition (with I-130) your husband and your daughter to immigrate to the US (i.e. become US permanent residents). When they enter the US with their immigrant visas, they will automatically become US permanent residents, and your daughter will also at the same time automatically (without needing to do anything) become a US citizen, under INA 320, because she will be a permanent resident under 18 living in the US with a US citizen parent.

  • Thank you for your answer. Will she get any proof (paper or passport) of us citizenship after entering the us?. – COPITO Jul 8 '17 at 0:18
  • @COPITO: Not unless you apply for one. She would only get a green card, but legally she would already be a citizen. You can apply for a US passport and/or a Certificate of Citizenship for her immediately after entering if you want. A US passport is the fastest and cheapest of the two to get. Certificate of Citizenship is very expensive to apply for ($1170) and doesn't serve much that a passport doesn't already serve as, but some people like having a separate certificate. – user102008 Jul 8 '17 at 1:44

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