USC Question... I Need Help

[Merrytooth 5,748]

This person is your son?

http://www.visajourney.com/forums/topic/598379-detention-causes-i-130/#entry8173233

http://www.visajourney.com/forums/topic/599138-legitimation-and-uscis/#entry8182928

Edited June 27, 2016 by Merrytooth

[Jaguer 0]

Well if you refuse to provide your signatures to the things that are needed for him to be a US citizen, thus making him not a US citizen, then I guess he can immigrate using an immigrant visa after your I-130 is approved. But, why on earth would you want to do that? The process to petition him to immigrate is much longer and more expensive, and will require you to provide an Affidavit of Support, etc. Whereas you can make him a US citizen very easily and quickly.

I have to go to El Salvador to do that?

[Jaguer 0]

This person is your son?

http://www.visajourney.com/forums/topic/598379-detention-causes-i-130/#entry8173233

http://www.visajourney.com/forums/topic/599138-legitimation-and-uscis/#entry8182928

Yes he is

[EM_Vandaveer 2,417]

It has to be determined first if he is a USC. Where was he born? In El Salvador? Yes, you have to go there and apply for a CRBA for him.

You can't petition him with an I-130 if he's a USC. USCs cannot get visas.

[Jaguer 0]

It has to be determined first if he is a USC. Where was he born? In El Salvador? Yes, you have to go there and apply for a CRBA for him.

You can't petition him with an I-130 if he's a USC. USCs cannot get visas.

ok thanks

[newacct 688]

I have to go to El Salvador to do that?

The CRBA application and/or your son's US passport application will have to be done at the US embassy in El Salvador.

Technically you don't have to be there, but there are some things that are needed from you, and it's easiest if you are there:

1. You need to provide evidence that you were physically present in the US before your child was born for at least 5 years, including 2 years after you turned 14. School records, etc. would be good.
2. Since your son was born out of wedlock and you are the father, you need to sign under oath 1) acknowledging your son's paternity, and 2) agreeing to financially support your son until he turns 18 (which is kind of meaningless since your son is already almost 18). This is the critical part that must be done before he turns 18 (as long as you complete this before he turns 18, that completes the conditions for him to be a US citizen). Usually, you would sign these as part of the paperwork when applying for the CRBA in person. If you don't go there, you could technically get the form containing the things you need to sign, and sign it under oath in front of some official who is authorized to administer oaths, and then send it to whoever will apply for it. I am not sure if you can do it at any notary public or if there is some specific type of person you have to do it with. Again, it is easiest if you can go there and do it.

[Jaguer 0]

The CRBA application and/or your son's US passport application will have to be done at the US embassy in El Salvador.

Technically you don't have to be there, but there are some things that are needed from you, and it's easiest if you are there:

• You need to provide evidence that you were physically present in the US before your child was born for at least 5 years, including 2 years after you turned 14. School records, etc. would be good.
• Since your son was born out of wedlock and you are the father, you need to sign under oath 1) acknowledging your son's paternity, and 2) agreeing to financially support your son until he turns 18 (which is kind of meaningless since your son is already almost 18). This is the critical part that must be done before he turns 18 (as long as you complete this before he turns 18, that completes the conditions for him to be a US citizen). Usually, you would sign these as part of the paperwork when applying for the CRBA in person. If you don't go there, you could technically get the form containing the things you need to sign, and sign it under oath in front of some official who is authorized to administer oaths, and then send it to whoever will apply for it. I am not sure if you can do it at any notary public or if there is some specific type of person you have to do it with. Again, it is easiest if you can go there and do it.

OK thanks friend

[dandk 72]

I am an American citizen I was born in San Francisco, I want to claim my son, and uscis and Recivier my request, my son is 17 years, but I was a drug addict and was arrested several times for drug use, but 3 years ago I no longer use drugs but I have fear that uscis not approve my request, I want to bring my son with me, I do not know my son and the situation of the country where the living is dangerous!

will be no problem with that?

You have to do it in El Salvador.

BTW,

If you're going to El Salvador to file at the local consulate, make sure you're no longer in probation or parole for all the charges. Otherwise you will need to ask your PO or the judge to get permission to be out of the country or outside California's jurisdiction.

Under California Prop 36, the probation can last up to 3 years. You mentioned you were arrested several times and you finally got sober about 3 years ago.

[Jaguer 0]

BTW,

If you're going to El Salvador to file at the local consulate, make sure you're no longer in probation or parole for all the charges. Otherwise you will need to ask your PO or the judge to get permission to be out of the country or outside California's jurisdiction.

Under California Prop 36, the probation can last up to 3 years. You mentioned you were arrested several times and you finally got sober about 3 years ago.

They can deny me the I-130 for my drug problem?

[Chris and ZhiJia 146]

They can deny me the I-130 for my drug problem?

That's not what they are saying. They are saying they can prevent you from going to El-Salvador because you may or may not be on probation.

[Rc123rc 528]

Question: Are you on probation for your arrests?

[JFH 12,191]

They can deny me the I-130 for my drug problem?

Haven't we already established that the I-130 is not applicable? How many years of your life have you lived in the US?

[ManCharsey 254]

I think the OP is a bit confused by the process and all the terminologies.

To OP (Jaguer):

What everyone is saying (and I am not adding anything new to it) is you do NOT need an i-130 so forget about it. Your son is a US citizen through you.

The only thing you need to do is to file the CRBA (Consular Report of Birth Abroad) for your son before he turns 18 years old. That is all you need to do to bring him over.

No i-130. You do not need it so don't bring it up.

[Carlos Ocampo 0]

No hemos establecido ya que el I-130 no es aplicable? ¿Cuántos años de su vida ha vivido en los EE.UU.?

I am his son, has lived all his life in America, in 1997 came with my grandmother to El Salvador and met my mother in 1999 he returned to the United States, 1 month before I was born my father returned to states United

I'm usc?

[newacct 688]

I am his son, has lived all his life in America, in 1997 came with my grandmother to El Salvador and met my mother in 1999 he returned to the United States, 1 month before I was born my father returned to states United

I'm usc?

It's complicated. Since you were born out of wedlock, whether you are a USC depends on whether your father completes certain steps before you turn 18.