How is CRBA not illegal?-Manila

[wolfreich 1]

Under Federal Law, a person born to US Parents is a Natural-Born US Citizen. A Natural Born Citizen is an American that does not need to do anything special to become American.

Except the parents need high school transcripts, college transcripts, tax transcripts, pictures together with the spouse, pictures of the child, maternity transcripts, ultrasounds, correspondance to your spouse, DNA tests, addresses of every place we have ever lived, proof we have a proper married life, and several pages of unduly cumbersome or impossible requirements. They also require a special Birth Certificate that takes at least 6 months to receive. What if you want to leave right now?

What if you were homeschooled? Your kid is not American? Never went to college? Can't have American kids. Disabled and do not pay taxes? Not good enough. Do not send correspondance to your wife, but talk. Who "sends corespondance" to their spouse? We never did maternity check-ups, becasue it's hard, expensive, and really not necessary. Blood pressure and temperature. Big deal. We are not getting an ultrasound done. Why should we? Who cares if I went to high school or what my grades are? Who cares if I am in a proper married relationship with my wife? We could be divorced. Or I could cheat on her every day. What business is it of the US Embassy?

Also, Federal Law states that a CRBA is NOT REQUIRED. One can simply apply for a US Passport. Since they are a Natural-Born American. It even states this on the DS-11.

How can an Embassy make their own rules? How can they invade one's privacy so deeply? How can they make it impossible to get a passport for an American, essentially TRAPPING them in a foreign land?

Are there other embassies in SE and East Asia we can get a passport from? What about a tourists visa? Once in America we can easily apply for a passport. Or even an immigrant visa?

What about Guam? They let in anyone from any nation without a visa. Yet they are American soil. Can't we just fly there with a Filipino child, and then apply for the passport there, as there are no restrictions anymore?

Thank you kind experts!

-Wolfgang, Disapointed with America

[Alaska2012 462]

Wow! That's messed up!

In sweden all we had to do was fill out the forms and hand in proof that my husband had lived in the us the required amount of years (i handed in some transcripts from his high school I believe)

Then I had my daughters birth certificate and passport in hand in less than a week. My husband, who is the us citizen wasn't even present

[Shauneg 762]

Immigration and Nationality Act, 1952.

[wolfreich 1]

Immigration and Nationality Act, 1952.

Isn't that where it says someone born to Americans are American?

I have actually read more recent laws, but assume it says the same.

[wolfreich 1]

It's stupid that if your parents are not married, or not in a real relationship, you cannot be American.

Why doen't this rule apply to single moms or separated/unmarried couples in America?

Under this thinking, most people in America would be foreigners...

[Transborderwife 4,666]

It's stupid that if your parents are not married, or not in a real relationship, you cannot be American.

Why doen't this rule apply to single moms or separated/unmarried couples in America?

Under this thinking, most people in America would be foreigners...

If you're born here you're obviously American so your point is moot. American laws favour legitimacy. See the somewhat archaic laws of presumed paternity vs biological paternity.

Wow! That's messed up! In sweden all we had to do was fill out the forms and hand in proof that my husband had lived in the us the required amount of years (i handed in some transcripts from his high school I believe) Then I had my daughters birth certificate and passport in hand in less than a week. My husband, who is the us citizen wasn't even present

Key word is husband. Legitimate children are favored by the law here

[wolfreich 1]

If you're born here you're obviously American so your point is moot. American laws favour legitimacy. See the somewhat archaic laws of presumed paternity vs biological paternity.

Key word is husband. Legitimate children are favored by the law here

So under US law, bastards do not have the same rights as those with fathers?

What if your father died fighting in an American war?

What if the mother is dead? Is it the same rule?

I have just never heard of all of this #######. I don't know if we should pack up and return to the US and give birth while homeless, or stay here and just all of us renounce our US Citizenship.

My whole life I heard that you are American if your parents are American. I never knew it was going to be such a nightmare.

The CRBA is VERY un-American!

[Transborderwife 4,666]

So under US law, bastards do not have the same rights as those with fathers?

What if your father died fighting in an American war?

What if the mother is dead? Is it the same rule?

I have just never heard of all of this #######. I don't know if we should pack up and return to the US and give birth while homeless, or stay here and just all of us renounce our US Citizenship.

My whole life I heard that you are American if your parents are American. I never knew it was going to be such a nightmare.

The CRBA is VERY un-American!

Isn't that they don't have the same rights, there's just more hoops to go through ie: being present at the CRBA interview with abundant proof and sometimes DNA testing. Just as one cannot permanently immigrate a girlfriend/boyfriend legitimacy does make things easier.

As for a deceased parent, I'm unsure.

To the usa marriage trumps all

Edited September 26, 2015 by Transborderwife

[Transborderwife 4,666]

As well if the mother is a USC there is no proof needed for the child. Or so it seems : http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad-application-process2.htmlRead legitimation

Edited September 26, 2015 by Transborderwife

[wolfreich 1]

Isn't that they don't have the same rights, there's just more hoops to go through ie: being present at the CRBA interview with abundant proof and sometimes DNA testing. Just as one cannot permanently immigrate a girlfriend/boyfriend legitimacy does make things easier.

As for a deceased parent, I'm unsure.

To the usa marriage trumps all

What if you don't believe in marriage? Or are a swinger? Or a total #######?

It just does not seem to be the business of the consulate what your love life is about.

Nor your school grades or income.

I am just shocked about it all.

[Transborderwife 4,666]

I don't think that if you're a swinger it come into play.

Marriage is still the gold standard in the usa. You don't believe in it? Ok but don't expect the same benefits as others immigration wise. I understand the frustration but it is what it is and is unlikely to be changed anytime soon.

My divorce wasn't finalized when I had my daughter (both Canadian parents, divorced often take years in Canada) and legally her birth father (a USC) cannot be put on her birth certificate until a judge declares in a divorce that my former husband isn't her father (presumed paternity). It's messed up, but it's the law.

Edited September 26, 2015 by Transborderwife

[wolfreich 1]

As well if the mother is a USC there is no proof needed for the child. Or so it seems : http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad-application-process2.htmlRead legitimation

The link does say:

"LEGITIMATION - The child/applicant must meet the legal requirements pertaining to legitimation. A child born to a female U.S. citizen is automatically legitimated. Proof of legitimation is required for a child born to a male U.S. citizen. Persons born to an in-wedlock U.S. citizen father and non-U.S. citizen mother are legitimated by virtue of the marriage. Persons born to an out-of-wedlock U.S. citizen father and non-U.S. citizen mother, and not legitimated by the natural parents' subsquent marriage, can be legitimated under the Immigration and Nationality Act by one of two methods. See the Legitimation Requirements for detailed information."

That seems reasonable. But if you read this page for passports:

http://manila.usembassy.gov/service/passports.html

Which links here:

http://manila.usembassy.gov/service/passports/adultapplication.html

Then to here:

http://manila.usembassy.gov/service/citizenship.html

Then:

http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

You get the application for the CRBA and this crazy checklist:

http://photos.state.gov/libraries/manila/1169655/carismaes/Citizenship%20-%20CRBA%20Checklist%20for%20MANILA%20applicants%20-%20Revised%202015%20August_002.pdf

and

http://www.state.gov/documents/organization/156216.pdf

So which is right then? These pages are crazy. The one you linked (thank you) seems more reasonable.

BTW- How is this possible? "Proof of legitimation is required for a child born to a male U.S. citizen." Is that a "male American transgender with intact female sexual organs"?

[wolfreich 1]

As well if the mother is a USC there is no proof needed for the child. Or so it seems : http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad-application-process2.htmlRead legitimation

No wait. That is just for LEGITIMATION. The rest of the page is crazy.

Like you need to prove you are the mother of the child with Nationally Certified Birth Certificate (which takes at least 6 months!!!), transcripts of pre-natal check-ups, sonograms, photos, etc.

Why need all that? Shouldn't GIVING BIRTH to the child prove you are the mother?

[Shauneg 762]

The link does say:

"LEGITIMATION - The child/applicant must meet the legal requirements pertaining to legitimation. A child born to a female U.S. citizen is automatically legitimated. Proof of legitimation is required for a child born to a male U.S. citizen. Persons born to an in-wedlock U.S. citizen father and non-U.S. citizen mother are legitimated by virtue of the marriage. Persons born to an out-of-wedlock U.S. citizen father and non-U.S. citizen mother, and not legitimated by the natural parents' subsquent marriage, can be legitimated under the Immigration and Nationality Act by one of two methods. See the Legitimation Requirements for detailed information."

That seems reasonable. But if you read this page for passports:

http://manila.usembassy.gov/service/passports.html

Which links here:

http://manila.usembassy.gov/service/passports/adultapplication.html

Then to here:

http://manila.usembassy.gov/service/citizenship.html

Then:

http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

You get the application for the CRBA and this crazy checklist:

http://photos.state.gov/libraries/manila/1169655/carismaes/Citizenship%20-%20CRBA%20Checklist%20for%20MANILA%20applicants%20-%20Revised%202015%20August_002.pdf

and

http://www.state.gov/documents/organization/156216.pdf

So which is right then? These pages are crazy. The one you linked (thank you) seems more reasonable.

BTW- How is this possible? "Proof of legitimation is required for a child born to a male U.S. citizen." Is that a "male American transgender with intact female sexual organs"?

They don't care what your school grades are, and I think you know that. They don't care directly about most everything you mention, they are all just ways to either prove one lived in the U.S. or of a relationship, you want the end all be all? (which it really isn't as the C.O. still has authority). The laws need a hard look at for sure, especially with dna testing a viable option that was not available/accepted when most these rules were laid out. Here.....

http://photos.state.gov/libraries/adelaide/171311/consular/Transmission%20Requirements%20Table.pdf

[Shauneg 762]

No wait. That is just for LEGITIMATION. The rest of the page is crazy.

Like you need to prove you are the mother of the child with Nationally Certified Birth Certificate (which takes at least 6 months!!!), transcripts of pre-natal check-ups, sonograms, photos, etc.

Why need all that? Shouldn't GIVING BIRTH to the child prove you are the mother?

It does not take six months everywhere for a birth certificate, that is the the phils. The U.S. isn't going to relax their rules or laws because of that.

Sure it birthing a baby would prove that you are the mother, but USCIS is not going to be in every delivery room and even if they were, they cannot monitor a baby 24/7 to ensure it is the exact one throughout the whole process. You seem to oversimplify the importance of certain documents.

With your logic why do birth certificates even exist? Isn't being alive proof enough that you were born?