CRBA dilemma

[rawkus212 0]

The embassy is requiring more evidence to show that I had a minimum stay of 5 years in the US in order to transmit citizenship to my child. I was given 90 days to provide necessary documents. I was a GC holder back then and applied for US citizenship in 2004. Before I applied for citizenship, I knew for a fact that the INS requires 5 years total stay in the US. Isn't that enough to show or prove them that I was in the US for the amount of days that they require for my child to qualify for CRBA?

I also read somewhere that in case I do not meet the 5 year requirements for CRBA, my parents who are both USC can do the transmission for my child. Has anybody every done this? Any inputs, suggestions that might help? Thank you.

[aaron2020 11,651]

Hi,

The facts you know to be true are wrong.

A person needs to be an LPR for 5 years with at least 30 months physically in the US. A person with less than 5 years of physical presence can be a US citizen.

Naturalization under the 5 years rule is not evidence of 5 years of physical presence in the US.

INS has not existed since March 2003. In 2004, you filed with USCIS for US citizenship.

You can certainly try with a grandparent.

Might be easier to get an immigration visa and rely on the Child Citizenship Act.

Best of luck.

Edited August 7, 2014 by aaron2020

[rawkus212 0]

Hello aaron2020,

I was just reading your previous posts about this on the other thread. Thank you for clarifying or making it clear here. I will find my old passports and count the days of my in/outs in the US. I knew for sure that I had a 5 year total stay in the US and I just have to prove it to them.

One thing that really bothers me is that I find it a "rip off" when they can't give you a refund for the passport application in case CRBA gets denied. It's like a pitfall.

So IR1 is the way to go in case things go wrong here.

[Mark88 183]

You can either file N-400K if you have a grandparent who meets the physical presence or an IR-1. I was in a similiar situation a the time. Maybe this can help: 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/

[rawkus212 0]

Thanks Mark88!

[Mark88 183]

Thanks Mark88!

You're welcome

[sjr09 155]

Hello aaron2020,

I was just reading your previous posts about this on the other thread. Thank you for clarifying or making it clear here. I will find my old passports and count the days of my in/outs in the US. I knew for sure that I had a 5 year total stay in the US and I just have to prove it to them.

One thing that really bothers me is that I find it a "rip off" when they can't give you a refund for the passport application in case CRBA gets denied. It's like a pitfall.

So IR1 is the way to go in case things go wrong here.

And so is the CRBA application. I find it hard understanding when people cry and whine, “rip off” when the instructions are very clear what documentation is needed for both DS-2029 (Evidence of parents’ U.S. citizenship) and (AR11) The USEM website, is probably the most comprehensive embassy website out there when it come to spelling out what is needed from start -finish. I’d focus on the DS-2029 first as that’s needed before you’ll ever get a AR11 for the child. The process is simple and straightforward.

Evidence of parents’ U.S. citizenship http://www.state.gov/documents/organization/156216.pdf

Edited August 9, 2014 by sjr09

[Mark88 183]

One thing that really bothers me is that I find it a "rip off" when they can't give you a refund for the passport application in case CRBA gets denied.

By law, there are no refunds on passport application fees. However you can opt to just apply for the CRBA and a passport later. I wish too, that I knew about this option at the time. Would have saved a $100 or so.

[rawkus212 0]

Ok here's the good news, I was able to find my old passports. I computed my total stay in the US based on the passport stamps and totaling up to almost 7 years. Since they gave me the originals back after the interview and gave me a white sheet with a check marked what evidence I needed to submit, do I need to send them all the originals again aside from my old passport evidence? Once I submitted the RFE, will they delay my child CRBA again by asking for more evidence in another criteria/subject that they may find aside from the 5 year minimum physical presence in the US?

I understand that there are no refunds by law but don't you find it tricky on the application to mark wether you want to apply for a passport or not? I read it somewhere here posted by another member that they refunded her the application for the passport so I assumed that it might work for me as well if I ask.

[sjr09 155]

Ok here's the good news, I was able to find my old passports. I computed my total stay in the US based on the passport stamps and totaling up to almost 7 years. Since they gave me the originals back after the interview and gave me a white sheet with a check marked what evidence I needed to submit, do I need to send them all the originals again aside from my old passport evidence? Once I submitted the RFE, will they delay my child CRBA again by asking for more evidence in another criteria/subject that they may find aside from the 5 year minimum physical presence in the US?

I understand that there are no refunds by law but don't you find it tricky on the application to mark wether you want to apply for a passport or not? I read it somewhere here posted by another member that they refunded her the application for the passport so I assumed that it might work for me as well if I ask.

Follow the instructions given to you (white paper) do not leave anything out, if you don’t provide evidence requested then yes, they delay the child’s CRBA. At this point It’s doubtful but they can ask for more evidence in another criteria/subject. I find nothing tricky on the application, it is a question whether you wish to apply for the child's US passport at the time of the CRBA application. Many reasons why people wish to pass on citizenship only, or only at that time. Focus on your child, and not the 100 bucks. If you wish to front load more evidence that you did not submit before, you can certainly do that, read the link I gave you above for acceptable evidence of your US citizenship requirements

Edited August 9, 2014 by sjr09

[Mark88 183]

Ok here's the good news, I was able to find my old passports.

The passports will probaly help you nil, since all what they proof is that you entered/exited the US at a certain time. It does not proof, you actually spent time in the US. I'm speaking out of personal experience: I was able to provide the consulate with passports going back till I was one year old. All the consul said is that I could simply entered the US twice a year and left a week later again. There are NO reliable records DHS can pull up to see how long the time is spent between two trips in the US.

You will have to provide "solid" evidence that actually shows you were in the US. These are school and military transcripts, W-2, employment records, doctors bills of pasts treatments. If you're old enough even a library record of you checking books in and out will be better than a passport. Tax returns also will help you none, since you have to file them even when live your whole life outside the US.

[rawkus212 0]

I thought I had all the necessary documents before I filed. I showed original school transcripts, W-2, pay stubs except for one thing that they focused on..the old passports!!! I was only able to bring my first passport because I thought that W-2s and pay stubs should be enough and based on the officer's computation and decision I needed 1.5 years more. The consul wanted to see more passports and handed me the white slip (RFE). I assumed that the other docs I had were more concrete evidence. Lesson learned, never assume! Be organized and bring whatever you can to prove your stay. Thanks for the inputs guys.

[sjr09 155]

It is at the sole discretion of the consular, what he/she requires. Tax return W-2 are really secondary evidence, as your learning,"never assume! Be organized and bring whatever you can to prove your stay."

Good Luck.

[atma 0]

Hello aaron2020,

I was just reading your previous posts about this on the other thread. Thank you for clarifying or making it clear here. I will find my old passports and count the days of my in/outs in the US. I knew for sure that I had a 5 year total stay in the US and I just have to prove it to them.

One thing that really bothers me is that I find it a "rip off" when they can't give you a refund for the passport application in case CRBA gets denied. It's like a pitfall.

So IR1 is the way to go in case things go wrong here.

In my case when I did the CRBA /Passport application for my daughter they did not even look at the passport application or take the money for it until the CRBA was approved.We paid for the CRBA then went through the process and then they approved. After that they sent me back to the cashier to pay for the passport application and then processed it.I am the USC and did it at the embassy in Trinidad and Tobago. Both me and my wife were present for the CRBA/Passport application.

Edited August 14, 2014 by atma