Bringing Baby of US GreenCard holder from the Philippines

[apple21 953]

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.

If you don't meet the CRBA requirements, you still have to file it to erase any claim for citizenship. Once CRBA is denied, you can chase a different visa. That's why USEM is insisting you file CRBA first.

In Mark's case, they initially applied for CRBA hoping to get the child a US passport then it was denied because he didn't meet the residency requirements that's why they opted for an alternative route.

That's the best I can explain it. Good luck.

Edited June 3, 2014 by apple21

[Mark88 184]

In Mark's case, they initially applied for CRBA hoping to get the child a US passport then it was denied because he didn't meet the residency requirements that's why they opted for an alternative route.

That's the best I can explain it. Good luck.

apple, you are totally on spot

OP, since you are USC you will HAVE TO file a CRBA, there is just no way around this. It is the consulates section need to clarify that there is no claim to USC. Tipp: When applying for CRBA, don't apply for a US passport at the same time. Since it will probably be denied, and passport fees are non-refundable, you can save yourself at least a hundred bucks.

[jan22 3,066]

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

It's not really your choice -- it's a matter of law. A parent cannot make a decision to relinquish that citizenship on the part of their child -- only after the child has reached the age of majority (18), he/she can make that decision on their own. Until then -- law determines whether he's a US citizen.

If your child is a US citizen, he must -- by US law -- enter and leave the US on a US passport. He will not be granted a visa or transportation letter of any kind until it has been determined that he is not a US citizen.

More importantly, why on earth would you want to your child to the US but not have him have the protection of being a US citizen?

[finnman 0]

It's not really your choice -- it's a matter of law. A parent cannot make a decision to relinquish that citizenship on the part of their child -- only after the child has reached the age of majority (18), he/she can make that decision on their own. Until then -- law determines whether he's a US citizen.

If your child is a US citizen, he must -- by US law -- enter and leave the US on a US passport. He will not be granted a visa or transportation letter of any kind until it has been determined that he is not a US citizen.

More importantly, why on earth would you want to your child to the US but not have him have the protection of being a US citizen?

You are correct in saying "if your child is a US citizen" but my child is *not* a US citizen (although he qualifies).

Can anyone show me in the FAM code where it requires me to file the CRBA as a pre-requisite? I keep hearing that phrase repeated but I would really love to see the code/statutes.

What protections jan22? What protections does my child have in the US as a citizen that he will not have as an LPR?

[apple21 953]

You're not getting the point.

CRBA is not a pre-requisite for 9 FAM. CRBA by law is your child's birth right as a result of having a US citizen parent.

That's pretty much it. The only way your child is getting a visa is if the CRBA is denied.

[finnman 0]

CRBA is not a pre-requisite for 9 FAM. CRBA by law is your child's birth right as a result of having a US citizen parent.

Let's not confuse a right with an obligation. I would like to see, written in the law, where I'm required to apply for and be denied a CRBA in order to take advantage of a NA-3.

[Boiler 46,198]

Sounds like something you need to discuss with a Lawyer. Quite why you would want to go to that expense etc is another issue.

The US like most Countries, maybe all?, does not allow Parents to relinquish their Child's citizenship. And to do so is usually a long and complicated process.

[finnman 0]

The US like most Countries, maybe all?, does not allow Parents to relinquish their Child's citizenship. And to do so is usually a long and complicated process.

Oh, I hope nobody misunderstands, I'm not trying to relinquish my son's claim to citizenship but rather looking for a faster way to be reunited instead of trying to drum up 5yrs proof of residency and filling out a CRBA.

[apple21 953]

Oh, I hope nobody misunderstands, I'm not trying to relinquish my son's claim to citizenship but rather looking for a faster way to be reunited instead of trying to drum up 5yrs proof of residency and filling out a CRBA.

USEM already advised your wife twice about CRBA. Time to face the music.

[aaron2020 11,651]

Hi,

You can do it the easy way like every other USC parent who has a child abroad by filing the CRBA.

You can do it the hard way and "educate" the US Embassy on how to do the N-3 properly.

Let's us know your results.

[finnman 0]

USEM already advised your wife twice about CRBA. Time to face the music.

I really love antagonistic comments when all I'm asking is "show me the law". The defined requirements in FAM 9 Sec 42 don't match up to what anybody is saying.

9 FAM 42.1 N1.1 Child Born After Issuance of Visa to

Parent

(CT:VISA-1829; 04-18-2012)

The child born after the issuance of a visa to a parent is not required to have a

visa if the child is:

(1) Born subsequent to issuance of an IV to the accompanying parent within

the validity of the parent’s immigrant visa; or

(2) Born during the permanent resident mother’s temporary visit abroad

provided that (see 9 FAM 42.1 N2):

(a) Admission is within two years of birth; and

(b) Either accompanying parent is applying for readmission upon first

return after the birth of the child.

http://www.state.gov/documents/organization/87519.pdf

[Boiler 46,198]

US Citizens do not need or are issued visas to enter the US.

[apple21 953]

I'm in NO way being antagonistic.

Edited June 3, 2014 by apple21

[finnman 0]

US Citizens do not need or are issued visas to enter the US.

My child is not a US Citizen (but he does have the right). He has a Filipino birth certificate and a Filipino passport. He is a citizen of the Philippines.

[aaron2020 11,651]

You don't need to convince us.

You need to convince the US Embassy.

Here's a viewpoint from an old guy. You want something from the US Embassy. They want something from you. In life, you are better off complying with the small stuff like a CRBA to get what you want which matters like your child getting to the US. The US Embassy will be more helpful to those who comply with their procedures. The guy that thinks he know my job better than me is not likely to get very far.

You getting my drift?

Don't be the smart ####### guy who shows up to my work telling me what to do. Don't show up at the US Embassy telling them how to do their jobs. Do what they ask and be done with it.