Bringing Baby of US GreenCard holder from the Philippines

[finnman 0]

My wife recently gave birth in the Philippines. I know under 9 FAM sec 42.1 the baby does not require a visa since my wife meets all the criteria.

Leaving the Philippines, are there any special papers required such as a travel clearance for the baby?

[finnman 0]

I've read of a "NA-3" but I can find no info on it. Additionally, I see nothing about a "baby transportation letter".

[Mark88 184]

She will need a Baby Transportation Letter NA-3 visa. You can find more info on it here:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

[finnman 0]

Thanks Mark - I had read that post previously and it was helpful (especially the image links). I can find references to the transportation letter on several US Embassy websites. Unfortunately nothing is documented on the US Embassy website in Manila and, when my wife went there, they essentially have no idea what she's talking about.

*Extremely Frustrating*

I am now compiling a list of documentation from the other embassy sites and the section of FAM code so hopefully we can get this straightened out.

[finnman 0]

I finally found the answer so I wanted to post it for others who are searching. The NA-3 is processed by the USCIS/DHS section of the embassy in Manila so you have to go see them. There is no fee. Just bring your papers as mentioned in the thread above.

Unfortunately the front window and the receptionist is clueless is about the process so they kept insisting on a "CRBA".

[Mark88 184]

You're welcome and thank you for the update.

Unfortunately it seems the CO's really don't know much about this procedure: The local US consulate at the time wanted to send me 300 miles to a different consulate, since they saied that they can't issue me a BTL. In the end I had to show them the info that they can, and I guess they were on the phone with someone from Frankfurt figuring it out.

However if you are a USC, you will most likely have to go through a CRBA process anyway first. It is simply that USCIS/DHS has to determine if your child has a claim to USC, since immigrant visas can't be issued to a USC. Once this is cleared, the consulate will issue you a "no-claim-letter" which opens the way to the BTL. Print out the info and show it to whoever you talk to at the consulate: http://imgur.com/srhWSt5

[apple21 953]

My wife recently gave birth in the Philippines. I know under 9 FAM sec 42.1 the baby does not require a visa since my wife meets all the criteria.

Leaving the Philippines, are there any special papers required such as a travel clearance for the baby?

If you are a US citizen, as the child's father CRBA is what you need to file.

If you are an LPR/GC holder, and your wife too is an LPR/GC holder, you can chase 9 FAM.

Mark is right, once CRBA is denied, the child will need an immigrant visa or 9 FAM to enter the US.

Edited June 2, 2014 by apple21

[finnman 0]

If you are an LPR/GC holder, and your wife too is an LPR/GC holder, you can chase 9 FAM.

That may be the process, although I don't see the CRBA requirement anywhere. It doesn't seem to make sense to have it as a pre-req to FAM 9. In Mark's case, his CRBA was denied and the GC was issued. That denial doesn't kill his claim for citizenship, it's just more paperwork to get it straightened out. I'll find out in a few hours when my wife heads back to the Embassy.

[apple21 953]

That may be the process, although I don't see the CRBA requirement anywhere. It doesn't seem to make sense to have it as a pre-req to FAM 9. In Mark's case, his CRBA was denied and the GC was issued. That denial doesn't kill his claim for citizenship, it's just more paperwork to get it straightened out. I'll find out in a few hours when my wife heads back to the Embassy.

So are you a US citizen?

[finnman 0]

Yes. My wife is a Phil citizen (green card holder).

[apple21 953]

So are you a US citizen?

Yes. My wife is a Phil citizen (green card holder).

Then CRBA is your route. http://manila.usembassy.gov/service/citizenship.html

[finnman 0]

Yes - but that is under the assumption that I want my child to have US Citizenship ;-)

[apple21 953]

If a child has claim to US citizenship, the embassy would want to resolve that first because they will not issue a visa to a US citizen.

Now if your CRBA is denied, that's the time you can chase an immigrant visa for the kid (IR2, F2A, or the 9 FAM).

[finnman 0]

If a child has claim to US citizenship, the embassy would want to resolve that first because they will not issue a visa to a US citizen.

Now if your CRBA is denied, that's the time you can chase an immigrant visa for the kid (IR2, F2A, or the 9 FAM).

I'm not convinced of that since nowhere does it say you are required to claim or not claim your citizenship (but it's a plausible argument). My wife is on her way to the embassy so we'll find out!

[finnman 0]

The Embassy turned my wife away [again] because I am a U.S. Citizen. This makes absolutely no sense considering Mark's case. I called the Embassy back where I had the same discussions. I asked for the requirements and the gentleman insisted BOTH parents had to be LPR (blatantly false).

Now I want my child to be a US Citizen even less.