HELP! Citizenship for Child Born Abroad

[Reanef 1]

I am reluctant to add to this conversation because we found ourselves almost exactly in your position, and a few people here on VJ have told us that we broke the law. We will, without doubt, be told that we broke the law, again, despite our correspondance with Department of Homeland Security, the USCIS, and most recently, our meeting April 3rd, 2012, where our son was present during the green card interview. The IO even gave us advice on how we could obtain our youngest son's citizenship without returning to Mexico.

Our youngest son was born in Mexico. I am the US citizen and my wife is from Mexico. Since we were not married when he was born, we were/are required to establish not only that I have lived in the United States for the required time, but we were told that we would need to have blood drawn from the three of us, to prove that we share the same DNA. This would have been the completion of the CRBA.

We received the K-1 and K-2 visas before we could complete the CRBA process. We declared his birth to an American citizen, (me), I think on the DS-156, and we declared it to the IO at the US consulate in Ciudad Juarez, in Chihuahua, Mexico. Before the interview at the consulate, we obtained a Mexican passport, and the American consulate in Juarez issued him a K-2 derivative Visa. We crossed the border without fanfare.

As to the Green Card interview, his Visa was there with their paperwork, and the IO asked us why we were not applying for him to have a green card. We explained to them that since he is an American citizen, that it would be illegal for us, or for them to issue him a green card. It was a non-issue. They told us that there is another way, but their information was limited, and told us that we could investigate it for ourselves, or that they could help us if we wanted them too. I told them that we would do it ourselves. Their recommendation for us was to file a N-600, in lieu of the CRBA. In this situation, a DNA test may not be needed.

After many VJ members told us that we had broken the law to bring our son here, I sent off a letter to the USCIS, and to Homeland Security, and despite how the law/regulation is written, or what is known to many here on Visa Journey, we were informed that we did not break the law.

As a point of interest, our son became deathly ill from either raw poultry, or from some feral kittens where we used to live in Puerto Penasco, Sonora, we obtained permission for he and I to travel to the United States, after having tried to get him medical attention in Mexico. This was long before we applied for the K-1, and K-2 Visas. We simply passed through the immigration POE for the USA, went through the secondary inspection. Only there did they hold us for a short time to verify his Mexican birth certificate and to consult with the officers at the POE that we passed through. Once again we told the truth, and we were allowed to pass.

I am not suggesting that you do what we did. It is certain that lady luck was on our side, and a whole lot of honesty. In fact when we all passed through the POE in El Paso, Texas, all this pre-occupation with our son having a Mexican passport and an American Visa was for nothing. We crossed the border without any problem whatsoever. In fact, I did not have my passport at the time, and I, too, passed without any problem. We have the emails from Homeland Security, and USCIS. We never meant to deceive anyone.

We wish you the best, and hope that you find the answers here on VJ. VJ members are very knowledgeable and we would never give out advice incorrectly, or purposely mislead you. Certainly, our situation is unique, and knowing what we know now, we certainly would have waited for the CRBA to go through before crossing the border into the USA.

Thank you for sharing your story. It give hope in hard times to see that it CAN work out despite many many people saying otherwise.

In my case I checked with the CBP as to make sure we weren't deceiving anyone as well and considering this is pretty much an emergency situation (my application to stay in Norway was denied and I HAVE TO LEAVE by said date or be expelled from the country by force for 2 years to life and it is Easter holiday making it impossible to even speak with the embassy or police station until after my flight is scheduled to leave) my daughter can enter on her Norwegian passport (dual citizenship). It is stated clearly on their website as well. If she holds dual citizenship and cannot obtain a US passport (due to emergency) she may enter with the Norwegian pass with ESTA completed. That is entirely legal despite people saying it was not. Im glad I was able to check into this or I dont know what I would have done. My biggest concern now is how I go about getting proof of her USC. I still dont have solid answers about that matter. I have seen that she CAN use the N600 to get a certificate OR apply for a passport.

Im confused about how to go about applying for her passport and actually made a separate post about it earlier today. Im not sure what I said wrong but found it removed. Perhaps this isnt the place to ask questions concerning passports. But thank you again for sharing

[Reanef 1]

Just saw this thread, and if the solution above does not work, would you be able to reschedule your flight, even by just one day (or a few hours)? My son (USC) was born in Norway, and they were able to give him an emergency passport in less than 24 hours when we left for the US (the regular passport process was taking too long, and we had a scheduled flight; the day before they called me and said to come down and they would make him an emergency passport instead). The CRBA was mailed to us a few weeks later, when they'd processed it.

Thank you and I absolutely would do this if it weren't that everything is closed until Tuesday due to the Holidays. I have to leave before that or be expelled from the country for 2-life I dont want that happening. Sadly our flight leaves before anything can be done. It is absolutely rotten timing for all of this to happen but thanks to the information from the CBP Im no longer concerned with her entering the US. Just have to figure out how to get all her proof of USC done while Im there. So far I have no solid information but I CAN call USCIS on Monday before I leave and ask if they have any information to help me. Im kicking myself SO VERY hard for not doing CRBA when I should have.

[Krikit 1,164]

Im confused about how to go about applying for her passport and actually made a separate post about it earlier today. Im not sure what I said wrong but found it removed. Perhaps this isnt the place to ask questions concerning passports.

I took a look for that thread and found it in the Duplicates forum. It seems to have been moved in error so I have returned it. You can find it here.

[Krikit 1,164]

Post derailing original topic has been split off into its own thread and can be found here.