CRBA possibility for a child born on Oath ceremony day

[IcezMan_IcezLady 582]

I was chatting with a friend recently and he complained about CRBA issues from the Accra Consulate.

His child was born on the day of the oath ceremony. I don't know much about the timing.

SO his foreign wife took the child to the embassy to apply for CRBA based on the father's citizenship and was told that they cant do that.

They (embassy) will only do it after the child gets an approve immigrant visa to come to the USA.

So far the mother has had complication due to some old visa interview misrepresentation prior to her marriage to my friend. Luckily, she wasn't banned.

So the question is, is the consulate justified in denying the CRBA application?

[EM_Vandaveer 2,417]

Weird situation.

First of all, does the father have 5 years physical presence in the US (in any status)?

Second, you have to figure out the exact time of him taking the oath & time the baby was born, calculating for the time difference. I'm not 100% sure how to prove the exact time of him taking the oath.

But he must have taken the oath BEFORE the baby was born for the baby to be eligible for a CRBA.

Ultimately it won't really make a difference, the moment baby goes through POE with an immigrant visa & is reunited with USC dad, he/she becomes a USC. They can apply for his/her US passport the same day, if they want.

[EM_Vandaveer 2,417]

Just because the mother has some problems that's no justification to deny the baby a CRBA IF he/she is eligible. What if the mother was never granted a visa? The baby's status has nothing to do with hers. Baby's either a USC by birth or not.

[IcezMan_IcezLady 582]

Just because the mother has some problems that's no justification to deny the baby a CRBA IF he/she is eligible. What if the mother was never granted a visa? The baby's status has nothing to do with hers. Baby's either a USC by birth or not.

^^ I agree with you..

[IcezMan_IcezLady 582]

Weird situation.

First of all, does the father have 5 years physical presence in the US (in any status)?

Second, you have to figure out the exact time of him taking the oath & time the baby was born, calculating for the time difference. I'm not 100% sure how to prove the exact time of him taking the oath.

But he must have taken the oath BEFORE the baby was born for the baby to be eligible for a CRBA.

Ultimately it won't really make a difference, the moment baby goes through POE with an immigrant visa & is reunited with USC dad, he/she becomes a USC. They can apply for his/her US passport the same day, if they want.

The dad took the oath the same day the child was born.

I have looked on my naturalization certificate and there is no time on there so I am wondering how they just concluded that the baby was born after the ceremony.

I am not doubting that someone could easily do the calculation if they took time. But according to his wife, the CO took the naturalization certificate looked at it and looked at the birth certificate and made a decision right there.

Now, say if the wife continues to have problems and gets denied again, can he just apply for the kids to come?

He wants them to start school here.

[NigeriaorBust 4,087]

If he didn't have 5 years of US presence he doesn't pass citizenship . If the child was in the US when he became a citizen than the child is a citizen. If the child gets to the US with an immigrant visa before 18 the child becomes a citizen. If He has 5 years and the child was born after he was a citizen then the child could get citizenship. Ghana is something like 4 to 8 hours ahead of the US depending on location and daylight savings.

[IcezMan_IcezLady 582]

If he didn't have 5 years of US presence he doesn't pass citizenship . If the child was in the US when he became a citizen than the child is a citizen. If the child gets to the US with an immigrant visa before 18 the child becomes a citizen. If He has 5 years and the child was born after he was a citizen then the child could get citizenship. Ghana is something like 4 to 8 hours ahead of the US depending on location and daylight savings.

just to make that part clearer.

He had 5 years of US presence and that very day was the naturalization oath ceremony.

[NigeriaorBust 4,087]

just to make that part clearer.

He had 5 years of US presence and that very day was the naturalization oath ceremony.

So then timing becomes a key , if the child was born before he was a citizen then you have to get the non immigrant visa and when the child touches US soil they are a citizen ( the key is US soil ) and if the was a citizen before the child was born then he should be able to CBRA.