Bringing Baby of US GreenCard holder from the Philippines

[Boiler 46,144]

He either is or he isn't.

Then there is the documentation to substantiate it either way.

[aaron2020 11,651]

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.

Can you show us the law that says your child is not a USC but he has a right to be one?

You want others to provide you with proof of the law that an N-3 can't be used.

Here, I am asking you for proof of what you state is your child's legal status of being a noncitizen with the rights to be a citizen.

[finnman 0]

Can you show us the law that says your child is not a USC but he has a right to be one?

You want others to provide you with proof of the law that an N-3 can't be used.

Here, I am asking you for proof of what you state is your child's legal status of being a noncitizen with the rights to be a citizen.

The fact that my child is not a USC but has the right to become one has already been established (http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html)%C2'>

The NA-3 is a visa exemption which, according the FAM law I quoted earlier and provided a link for, we qualify for. This entire thread is disputing the qualification for NA-3 with no evidence other than the fact that "the embassy said no".

I am quite willing to concede I do not qualify for an NA-3 exemption if someone can explain to me using the statutes and laws as evidence that I don't meet the qualifications as outlined in FAM 9 sec 42.1

Additionally, the embassy has given me blatantly false information (such as both parents must be an LPR) and I have all of the phone calls recorded. While I will probably pursue the CRBA to bring my child home, the fact that an embassy is giving out false information and can't explain themselves is extremely frustrating. I will continue to pursue this with the Embassy, USCIS/DHS and every other necessary party until it is rectified.

I am amazed at the fact that people would be willing to accept something as "law" without actually reading those laws.

[Boiler 46,144]

The fact that my child is not a USC but has the right to become one has already been established (

I missed that bit.

As far as I know that is not possible.

[aaron2020 11,651]

The fact that my child is not a USC but has the right to become one has already been established (

Really? Already been established? Where? Please provide a link to anywhere that shows this has already been established.

You want a faster way to bring your child to the US than file for a CRBA.

And you think picking a fight with the US Embassy is the way to accomplish your goal of a faster way?

You would rather be the smart guy that is right while your child waits for a legal means to come to the US.

Focus on doing what the US Embassy wants to fet your child here. Don't pick a fight with them.

[Mark88 184]

faster way to be reunited instead of trying to drum up 5yrs proof of residency and filling out a CRBA.

Faster way? CRBA takes about 15 minutes if you fill out the form, pay the fee, and just tell them you have no evidence for 5 years physical presence. BAM! Instant denial (I wish I knew it would be that easy getting a BTL after a CRBA denial at the time). Throw in another hour or two and your wife can be on her way with the BTL. Probaly not even a half day at the Embassy and you could be through all this ####### without needing to see the Consulate Section of the Embassy ever again. How much faster is the other way going to be? Your wife already was there twice without any results.

As others posted, this is the law to best of our knowledge, if you need to see the section, try asking the embassy to provide it to you since they are the ones you're going against. And as aaron2020 already elaborated, have them become even more pissed off at you by telling them how to do their job. If you read my post, you also saw, that I had to deal with very incompetent embassy employees (including the Consul and Vice-Consul themselves!!!). Get over it, and just do it they way I described ( and the Embssay wants it) above. If you think going the other path is better, the Consulate Section has ways of putting these things into administrative processing for a very very very long time. Far longer than a half day.

[jan22 3,064]

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?

Protection from deportation is just the beginning. If you think so badly about the US, why take your family there? Just curious......

[finnman 0]

As others posted, this is the law to best of our knowledge, if you need to see the section, try asking the embassy to provide it to you since they are the ones you're going against.

I'm very appreciative of the experiences shared. It's given me valuable info so I know how to resolve the situation of being separated (my first problem). However, there is a secondary problem that I consider extremely serious: the Embassy is giving false information. I was told (in no uncertain terms) that my child will not EVER qualify for an NA-3 because I'm an American (regardless if my CRBA is denied). The Embassy refers me to USCIS and the USCIS refers me back to the Embassy - it's a constant circle jerk.

If you think so badly about the US, why take your family there? Just curious......

My days in the U.S. are numbered.

[Mark88 184]

The Embassy is giving false information. I was told (in no uncertain terms) that my child will not EVER qualify for an NA-3 because I'm an American (regardless if my CRBA is denied).

Did you already send them the printout from USCIS from Frankfurt? What did they say to that?

My days in the U.S. are numbered.

I know how you feel, since I almost shoved my US passport up the consuls "posterior". It's frustration dealing with people who might be on their first assignment outside the US (and sometimes, never even been outside the US before at all!) and now have to deal with immigration laws, even though the most serious thing they delt with before in their lives was a traffick ticket.

The long term benefits of getting your child (or mine at the time) USC outweigh any frustration you might have with the foreign service at the consulate at the moment. Like I mentioned, have your wife go with the printout of the USCIS Frankfurt, call them and ask to speak to to the vice consul for feedback on this procedure. If you are in the country make an appointment with them yourself and go there in person (I went there 4x times + my wife). And try emailing USCIS directly (I would recommend their Frankfurt office, since they seemed very competent at the time uscis.frankfurt@uscis.dhs.gov).

Anyway on a side note, I think the physical presence is a very unfair procedure: You, as me, are USC's. Since this, we should be entitled to pass on our citizenship to our child as many other countries (i.e. Germany) don't require this. This law actually makes you and me to 2nd class citizens even though we've been paying taxes etc. to the US (Far longer than 5 years, in my case 32). Take my money, but not my children.