Lack of residency - Should I give CRBA a try? [merged threads]

[Ranchomama 1]

Hi guys! Here's the deal, I am filling for my husband and 2 kids. I was on the phone with a US Embassy officer who suggested that I try the CRBA even if I don't meet the requirements. I am not sure about this because I've only stayed in the US for 1-2 months at a time, but she said that it is usually different depending on the case and the Consular Officer. I was ready to file the I-130 but I wanna ask your opinion on whether I should give the CRBA a shot. any thoughts and opinions would be greatly appreciated!

[newacct 688]

It's not how long you spent in the US each time; it's how much total cumulative time you've been physically present in the US in your life (and after turning 14).

If you do not meet the requirement you should not apply. It's not something that an officer can decide to waive. It's something in law that you must meet before they can determine that your child is a citizen (and even if you meet it they may still decide there's not enough evidence.). They probably meant that if you meet the requirements but are not sure if you have enough evidence, you can try to apply.

[Ranchomama 1]

It's not how long you spent in the US each time; it's how much total cumulative time you've been physically present in the US in your life (and after turning 14).

If you do not meet the requirement you should not apply. It's not something that an officer can decide to waive. It's something in law that you must meet before they can determine that your child is a citizen (and even if you meet it they may still decide there's not enough evidence.). They probably meant that if you meet the requirements but are not sure if you have enough evidence, you can try to apply.

I actually made it very clear to the officer that I don't qualify since I only stay 2 months a year cause I was studying. One officer said that before I file the I-130 i need to show a letter from the embassy saying that my kids don't qualify for the crba, she said they need a refusal letter for the CRBA before proceeding with the I-130. Not so sure though. Now I'm more confused on what to do.

[Mark88 184]

You will need a CRBA anyway. As long as there is a potential claim to USC your I-130 will be denied. Law says, you can't issue an immigrant visa to a USC. Worst case when you file I-130 and do NOT have a denial letter from the CRBA, you spent a lot of money on fees on the I-130.

If your CRBA gets approved you don't even have to got through the I-130 process. Also when applying for CRBA and you are not sure if it will be approved, do NOT apply for a passport at the same time. Just apply for the CRBA. If you apply for both, and the CRBA will be denied, you will loose the fees for passport application. Here is also a post on CRBA denial that might help you:

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/

[Marrienne 114]

It might be dependant on the Embassy. We were asked for proof of qualification of him staying in the US consistently for 5 years past the age of 14. We took them all his High school and College transcripts.

They checked them on the spot and didn't let us file until the paperwork was correct.

Your Embassy mighy be different.

[Penguin_ie 5,997]

****** Moving from DCF to CRBA forum ******

[Ranchomama 1]

Hi everyone! Here's my case, I am 26 and living in the Philippines, I am married and have 2 kids. I do not meet the residency requirement because I have only been in the US for months at a time. Is it possible for me to use my Father's residency for filing? He passed away in 2003, is it still possible? If yes, how do I start?

[iamwhatiam80 92]

See the below post by another user. Very helpful.

Edited July 14, 2016 by iamwhatiam80

[aaron2020 11,651]

http://www.apsanlaw.com/mlaw-159.Obtaining-US-Citizenship-Through-a-Grandparent.html

Yes, it's possible. Follow the link.

Edited July 14, 2016 by aaron2020

[EM_Vandaveer 2,417]

Like you were told in your other thread, Consulates generally want you to apply for CRBA if there is a possibility that the children are USCs. If you don't have enough physical presence in the US, it will be denied and you'll be able to file I-130s for them. Once they get their immigrant visas and set foot in the US with you, they'll automatically become citizens because of the Child Citizenship Act.

aaron2020 is right, too. That is not CRBA, however. That way, you have to get them in the US somehow before you can file the N-600K. Tourist visas maybe? I'm not sure.

Either way the end result is the same.

Edited July 14, 2016 by EM_Vandaveer

[aaron2020 11,651]

The children would need tourist visas. There is no guarantee that they would be granted tourist visas.

[EM_Vandaveer 2,417]

The children would need tourist visas. There is no guarantee that they would be granted tourist visas.

Wouldn't the Consulate want her to file for CRBA first so that they can determine the children aren't USCs before issuing them tourist visas?

Edited July 14, 2016 by EM_Vandaveer

[Ranchomama 1]

I read this post somewhere, could my kids qualify for this one?

The Child Citizenship Act of 2000 (CCA) amended the INA to cover foreign-born children who did not automatically acquire citizenship under ​INA 320​ and who generally reside outside the United States with a U.S. citizen parent.​ [2] ​

​

A genetic, legitimated, or adopted child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:​

​

•The child has at least one U.S. citizen parent by birth or through naturalization, (including an adoptive parent);​ [3] ​

​

•The child’s U.S. citizen parent or citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;​ [4] ​

​

•The child is under 18 years of age;​

​

•The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and​

​

•The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization. ​

[aaron2020 11,651]

I read this post somewhere, could my kids qualify for this one?

The Child Citizenship Act of 2000 (CCA) amended the INA to cover foreign-born children who did not automatically acquire citizenship under ​INA 320​ and who generally reside outside the United States with a U.S. citizen parent.​ [2] ​

​

A genetic, legitimated, or adopted child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:​

​

The child has at least one U.S. citizen parent by birth or through naturalization, (including an adoptive parent);​ [3] ​

​

The childs U.S. citizen parent or citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;​ [4] ​

​

The child is under 18 years of age;​

​

The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and​

​

The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization. ​

Follow the link i provided. It answers your question on how to get US citizenship through a grandparent. This is the same thing.

[Ranchomama 1]

I read the article already, now I understand better! Thank you so much for all the replies!