CRBA and passport

[Jermaine CG 0]

My husband's stay in the US was only 5 years before 5 and 2 years after 14. the last year he stayed was when i got pregnant, he left when i was about 7 mos. pregnant. I want to get our baby a US passport. And yes, we're married and our relationship is more than 8 years before we got married. Some here in the forum say i can't apply but some says I can.

CAN I GET MY 8 MONTH OLD BABY A PASSPORT NEXT MONTH OR NOT??? HELP!!! :huh:

[irwin 5]

I see no reason that you could not get a passport for the child. If the child is a US citizen there will be no problem.

Edited May 19, 2012 by irwin

[Tygrys 143]

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.

[Penguin_ie 5,993]

*** Moving from Bringing Family to CRBA ****

How long exactly has your husband been residing in the USA? If it is close to the 5 years, giving dates would help so we can advice you correctly.

[Jermaine CG 0]

He was born there and he stayed there till he was five, came back after 16 and went back here after year and he want back there last year. so on june, he stayed there for a total of 7 years.

[Jermaine CG 0]

so the 7 years stay, does this apply before i gave birth or does this still apply even after i gave birth????

[Penguin_ie 5,993]

he needs 5 years before the birth, at least 2 years after age 14. I am still not clear from the info you give if he has that, but it doesn't look like it. 1 year 364 days is not enough, it must be 2 full years after age 14 and before the birth of the baby.

[ceadsearc 516]

It sounds like he doesn't have enough time in the US after age 14 but before the baby was born but I'm not certain of that either. If that is the case, for the child to obtain citizenship your husband will first need to file an immigrant petition for the child. Once the child arrives on the immigrant visa he will automatically become a citizen.

[DHEL_IR1 3]

My husband's stay in the US was only 5 years before 5 and 2 years after 14. the last year he stayed was when i got pregnant, he left when i was about 7 mos. pregnant. I want to get our baby a US passport. And yes, we're married and our relationship is more than 8 years before we got married. Some here in the forum say i can't apply but some says I can.

CAN I GET MY 8 MONTH OLD BABY A PASSPORT NEXT MONTH OR NOT??? HELP!!! :huh:

You can get you baby CRBA anytime IF the father is a US citizen .. just complete all requirements for crba.......

iF not yet US citizen , he could get ur baby for petition..

[ceadsearc 516]

You can get you baby CRBA anytime IF the father is a US citizen .. just complete all requirements for crba.......

iF not yet US citizen , he could get ur baby for petition..

No CRBA if the parent did not live in the US long enough to transmit citizenship. In that case he has to petition anyway.