CRBA Physical presence issue

[boucakri 0]

Hi, I am in deep trouble already, i just a need a way out (like anybody else coming to this very helpful forum)

My wife is nine months pregnant and her visa just started processing at the NVC, I am thinking to let her postpone her interview until the baby is born and file his/her I-130 (i don't like to see my wife's visa expire before the baby's): Because I am Naturalized US Citizen recently, but i've spent more than 7 months on 3 overseas trips during my 5 years of residency..which will compromise my physical presence.

Here is the question: is there any way i can make up those missing months/days to make it an even 5 years of physical presence?

i know it sounds stupid, but i am loosing it big time guys... i am expecting a baby.. and i can't afford living away from my family any longer

thank you guys

[Penguin_ie 5,993]

*** Moving from CR-1 to CRBA forum ****

Can you give us a timeline of when you moved to the USA, when you were abroad, when you were naturalised etc?

If you naturalised based on 5 years, then you should have enough physical presence for CRBA too, especially as you will have added some more time since then. It is perfectly ok to have holidays/ short work trips abroad.

[boucakri 0]

*** Moving from CR-1 to CRBA forum ****

Can you give us a timeline of when you moved to the USA, when you were abroad, when you were naturalised etc?

If you naturalised based on 5 years, then you should have enough physical presence for CRBA too, especially as you will have added some more time since then. It is perfectly ok to have holidays/ short work trips abroad.

*** Moving from CR-1 to CRBA forum ****

Can you give us a timeline of when you moved to the USA, when you were abroad, when you were naturalised etc?

If you naturalised based on 5 years, then you should have enough physical presence for CRBA too, especially as you will have added some more time since then. It is perfectly ok to have holidays/ short work trips abroad.

Thans for the quick reply:

Admitted to the states: 02/18/2007

total days spent abroad 225 (aprox 7 months and half)

Naturalized : 04/02/2012 (based on 5 years residency LPR)

Baby's due date: 05/15/2012

and thanks again

[Penguin_ie 5,993]

I think you will be fine, as if naturalisation based on 5 years residency is approved, so should your child's CRBA. Hopefully someone else will come along and confirm.

[boucakri 0]

I think you will be fine, as if naturalisation based on 5 years residency is approved, so should your child's CRBA. Hopefully someone else will come along and confirm.

thanks again, but do yo know what is funny?

i called USCIS, NVC, CONSULATE and Passport Services and everybody seems to have a different point view or speculation for this matter .. it sounds more like a fairy tale than federal regulations

[aaron2020 11,651]

Don't mix up the rules for naturalization and the rules for passing US citizenship on to a child born abroad. Being a legal permanent for 5 years qualifying a person for naturalization does not equate to physically being in the US for 5 years.

I will only address the time requirements as it relates to these two issues. I will not discuss other requirements.

The rule for naturalization is a person must be 1) a legal resident for 5 years and 2) must be physically present in the US for 30 months in the last 5 years. A person who is physically present in the US for only 30 months (2.5 years) can be a US citizen.

The rule for a child born to one US citizen parent is that the US citizen parent must be 1) physically present in the US for 5 years before the child's birth, and 2) 2 of those years must be after age 14.

A person can naturalize with only 2.5 years physical presence in the US. This person would need to meet the 5 years of physical presence before he can pass US citizenship to his children born outside the US.

If the US citizen does not have 5 years of physical presence in the US, he cannot file a CRBA for his child. The CRBA requires him to attest to the fact that he meets the 5 years physical presence requirement. He can attest to the truth an have the CRBA be denied because he does not meet the 5 years physical presence requirement or he can lie and say he does meet the requirement.

Lying to the US government about US citizenship is not a good idea.

Edited April 3, 2012 by aaron2020

[boucakri 0]

oh thanks aaron

i wished your answer was the other choice, but..hey you saved me a lot of troubles, i spent already weeks of worries and hours googling this question..

now i am just gonna file a new I-130 for my child as soon he/she come to this world

cheers

[aaron2020 11,651]

If you do not meet the 5 years physical presence requirement to pass US citizenship to your son, then it is relatively easy to get him to the US.

Delay your wife's interview until after she gives birth. She's not flying to the US when she 9 months pregnant, so she will not need the visa until after she gives birth.

When you ask the US Embassy to delay the case for your wife, ask for the procedure to petition for your child and inform them that you will not meet the physical presence requirement to pass US citizenship on to your child.

Most likely, you will need to file an I-130 for your child as soon as he/she is born, and ask for it to be expedited. You will file an I-864W for your child. Your child will need an immigration visa. As soon as your child enters the US, the Child Citizenship Act automatically makes your child a US citizen.

Yes, the laws are stupid. Why can't they just let your child claim US citizenship abroad. Why go through the petitions and forms when the end result is that your child will be a US citizen. I don't know. Laws sometimes don't make sense. You just have to live with them.

[boucakri 0]

thanks you soooooooooooo much, you really saved my day and made my desperate wife happy, and you anticipated me and answered my next question before i even have to ask (about the AOS)

thank you all guys again, and appreciated the help

i promise, i will come back her again and will share my experience with anybody who needs helps like myself tonight.

cheers

[Yunay 0]

Hi I became a US citizen in 2010 of November but I was living in the us for 10 months before I got my citizenship and I then went to my country to visit in December of 2010 and I got pregnant with my child and I had her in 2011 can I file for CRBA since I wasn’t physically present for 5 years