Our story: CRBA for our child denied, entering the US with a baby transportation letter and Citizenship through the CCA

[Kaw0312 0]

Hi guys learned alot since reading this thread.

Im a us citizen by birth and im curretly outside the us. Once our baby is born, i will be flying back with my eldest and the baby back to us. My eldest is also a us citizen by birth. Upon arrival the us immigration should stamp a i515 on my babys passport right? They cant stamp a tourist entry since baby cant travel out of us alone right? My wife will not be travelling back with us on this trip.

Is this possible?

[Mark88 184]

It won't work they way you want to do it. It will only work with the I-551 if your wife has a green card and travels together with your child and and a baby transportation letter issued by the US Conslulate/Embassy.

You can either file for a CRBA, or if you don't meet the residency requirements, file a I-130. Or child can enter on a tourist visa and you can apply for a US Passport with a DOS Passport Agency directly if you meet the requirements.

It all will depend on how fast you want to return to the US and if your wife has a green card.

[Kaw0312 0]

Thanks Mark88

Do you mean that the i-551 only works with the mother and not with the father? I can get a baby transportation letter from the local embassy since im a us citizen?

If i file a i130 for my baby then enter the us with it, baby automatically gains citizenship under cca of 2000? No maturing recidency period needed like regular green card?

what will be the most likely stamp that the immigration officer stamp on my baby's entry?

[Mark88 184]

Do you mean that the i-551 only works with the mother and not with the father

Correct. It will only work for the mother AND only if she travels with the baby together AND (the mother) has a green card.

I can get a baby transportation letter from the local embassy since im a us citizen?

Probaly depends in which country you are in. Here is more information about the baby transportation letter:

http://imgur.com/srhWSt5

A USC can't get a baby transportation letter. Only a LPR if they meet the above conditions in the mentioned link.

If i file a i130 for my baby then enter the us with it, baby automatically gains citizenship under cca of 2000? No maturing recidency period needed like regular green card?

If your baby is in the pysicial and legal custody of a USC parent, then yes. No waiting period.

Remember the I-130 could take several months to over a year to get approved.

what will be the most likely stamp that the immigration officer stamp on my baby's entry?

It depends if you travel with a B2, IR or NA-3 visa. NA-3 will look like this: http://imgur.com/idQUeWC

Thanks Mark88

You're welcome

[Mark88 184]

Hi guys learned alot since reading this thread.

Im a us citizen by birth and im curretly outside the us. Once our baby is born, i will be flying back with my eldest and the baby back to us. My eldest is also a us citizen by birth. Upon arrival the us immigration should stamp a i515 on my babys passport right? They cant stamp a tourist entry since baby cant travel out of us alone right? My wife will not be travelling back with us on this trip.

Is this possible?

I think the option you will choose, depends on how fast you want to return to the US. When are planning to go back? Does your wife even have green card? How long have you lived in the US?

The answers to these questions will determine which route is best for you. Priovide them, and VJ members will be able to help you better.

[Kaw0312 0]

Hi Mark88, my wife doesnt have a green card. i lived in the us a long time ago. im currently based abroad since my family is here. i want to get the citizenship for my baby so that in the future when she grows up its all prepared and ready once she decides to go back to the states.

Just talked to the embassy and they advised to get the CRBA and after the interview my baby will be issued a passport, sounds pretty easy but im sure il get into the same problem that u initially went thru. i wont be able to pass the required presense in the us thing. i asked them about the baby transportation letter but they said i dont need because CRBA route is easier. of course they are thinking that all requirements will be easily met.

My plan is to apply a i-130 for my baby here then once its out, we will fly back to the us and get a passport from the passport center under CCA of 2000. what do u think? isnt this the most practical and easiest way? or if in a slim chance should they allow issuance of the baby transportation letter is that a better route?

[Mark88 184]

i wont be able to pass the required presense in the us thing. i asked them about the baby transportation letter but they said i dont need because CRBA route is easier. of course they are thinking that all requirements will be easily met.

I totally understand why you want to do (I did it out of the same reason). You can ofcourse try a CRBA, if it's approved you saved yourself a lot of hassle, time and money. If there is no chance, and you already know it will be denied, you can save yourself $200.

A baby transportation letter won't help you, since only a LPR and not a USC can get one.

My plan is to apply a i-130 for my baby here then once its out, we will fly back to the us and get a passport from the passport center under CCA of 2000. what do u think? isnt this the most practical and easiest way? or if in a slim chance should they allow issuance of the baby transportation letter is that a better route?

It's definatly not an easy way, since you can take several months to over a year and cost easily over $1000 until it's through. But it is your only option, if your wife doesn't have a green card. And as mentioned above, you (or in this case your child) does NOT qualify for a baby transportation letter.

[Kaw0312 0]

when you say the i-130 route is not easy, is this in terms of time table? so far i've been reading online and the residence requirement doesnt show up for a petitioner.

[Mark88 184]

when you say the i-130 route is not easy, is this in terms of time table? so far i've been reading online and the residence requirement doesnt show up for a petitioner.

Anything what has to do with USCIS is a hassle. First you have to file a petition, then you have to pay, then you have to file more forms, and pay more. After that you need medical exams for your child, vaccinations etc. They also cost money and take time. And finally you will have an interview scheduled at the Embassy where you have to proof your intent to immigrate. It's a process that will take most VJ member's easily 1/2 to full year and sometimes, 2 or 3 years to complete.

Then there is the next issue: If you just file a I-130 for your child, but not for your wife, that might be reason for denial. The I-130 process is designed for USC's who want to immigrate to the US with their family members. If the CO is strict about it, he will deny you the application since you are not using it to immigrate. And not filing for your wife is a strong indication. You would have wasted alot of time and money for nothing.

The denial is NOT a certain thing, but definatly will raise some red flags with CO if just filing for your child and not your wife, too.

[Kaw0312 0]

That is a problem.

It just crossed my mind, if i apply a i-130 for my daughther down the road when she is 15 or something. then reason why i didnt apply for my wife is my daughter will be studying in us. u think that will pass? its still under the CCA of 2000 though.

[Mark88 184]

It will all depend on the CO and if the law hasn't changed by then.

[Kaw0312 0]

Thanks for all your help Mark88. Gained alot of important tips, thanks for taking time to help vj members out.

Talked with the embassy about my prob, i informed them that i have doubts that will pass the physical presence requirement so they just transfered me to DHS Immigration Services and the agent told me to apply for i-130 then fix the child's citizenship when i get to US but also apply my wife's green card at the same time with the baby.

Child will get the citizenship as soon as enter us but wife will have to complete the residency requirement right? but i think this is my only choice.

[Mark88 184]

Talked with the embassy about my prob, i informed them that i have doubts that will pass the physical presence requirement so they just transfered me to DHS Immigration Services and the agent told me to apply for i-130 then fix the child's citizenship when i get to US but also apply my wife's green card at the same time with the baby.

Child will get the citizenship as soon as enter us but wife will have to complete the residency requirement right? but i think this is my only choice.

Yes, going the I-130 route is your only option at the moment. When entering the US the green card is activated. As soon as this happens and YOU are TOGETHER with your child, she becomes a USC in that moment. In theory she wouldn't even need a US passport, but as you read my original post, I would get one asap. Your wife will need to meet the residency requirements, and they are even stricter then the CRBA. For instance, she has to live continously in the US for at least 3 years and then applies for naturalization. When filing N-400 she, in theory, isn't even allowed to leave the US anymore until her oath ceremony. So you see, there would be lot more to come.

There is one more thing though: You wrote, you are a USC by birth. Is one of your parents a USC too, and lived longer than 5 years (time as a LPR count too) in the US? That might help you out alot.

Thanks for all your help Mark88. Gained alot of important tips, thanks for taking time to help vj members out.

You are most welcome

Edited September 25, 2013 by Mark88

[Kaw0312 0]

Ya both my parents are usc by way of naturalization. Both lived more than 5 years. How will that help me?

[Mark88 184]

Ya both my parents are usc by way of naturalization. Both lived more than 5 years. How will that help me?

Because there is a way a child can claim citizenship through a USC grandparent, if that grandparent meets the residency requirement. You will have to file Form N-600 and N-643 and travel to the US to finalize the process. It will take less time and be less expensive than the green card, but I have no personal experience whatsoever:

Expeditious Naturalization Through A Grandparent

http://london.usembassy.gov/cons_new/acs/passports/robirth.html

My daughter has lived all her life in Ireland and cannot transmit American citizenship to her children. Is there any way they can become American through their grandparents?

http://dublin.usembassy.gov/service/passports-and-citizen-services/frequently-asked-passport-questions.html

OBTAINING U.S.CITIZENSHIP THROUGH PARENTS, GRANDPARENTS, Etc.

https://shusterman.com/citizenshipthroughparents.html

I WILL BE LIVING ABROAD WITH MY FAMILY FOR SOME TIME. HOW DO I APPLY FOR EXPEDITIOUS NATURALIZATION FOR MY CHILD USING THE "GRANDPARENT" PROCEDURE?

http://www.passportsusa.com/family/adoption/info/info_456.html

Edited September 25, 2013 by Mark88