CRBA Physical Presence Exceptions?

[CEE53147 559]

 

My USC child working as an expat had much paperwork from his company and a work visa to live and work abroad.  If you do not have a work visa,  it is likely you are a dual citizen if the other country of your citizenship permits it.  Only an attorney can correctly advise you.

[jan22 3,049]

14 hours ago, OmarStuck said:

 

Could you provide me a list of organizations that do count? As stated here in bullet g? (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9696.html)

 

"a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;" 

 

What does this bullet point mean?

Not all US-base/funded employment qualifies -- in fact, most do not, outside military and US government employees who are asigned overseas (i.e., have "travel orders").  If you look at the actual statute, it defines an international organization for the purposes of this law as a public international organization in which the US participates because of a treaty or an Act of Congress, and designated by the president.  It requires a federal connection that you/your organization do not appear to have.

[jan22 3,049]

13 hours ago, OmarStuck said:

I fully understand. I tried to get a list from the embassy but they did not have a list.

 

My salary comes directly from the main university. I receive a W2 form directly from the main university. I am considered a state employee and my salary is on the internet (as per state regulations). 

State organizations almost certainly do not meet the definition of a public international organization as required in the statute you are asking about.

[Daisy.Chain 317]

Are either of your parents US citizens? Your daughter may be eligible through the grandparent clause.

[OmarStuck 24]

12 hours ago, CEE53147 said:

 

My USC child working as an expat had much paperwork from his company and a work visa to live and work abroad.  If you do not have a work visa,  it is likely you are a dual citizen if the other country of your citizenship permits it.  Only an attorney can correctly advise you.

Qatar does not give citizenship

 

4 hours ago, Daisy.Chain said:

Are either of your parents US citizens? Your daughter may be eligible through the grandparent clause.

Yes. But I am not able to go to the US because the daughter is without a passport. That is why I am insisting on the CRBA.

 

6 hours ago, jan22 said:

Not all US-base/funded employment qualifies -- in fact, most do not, outside military and US government employees who are asigned overseas (i.e., have "travel orders").  If you look at the actual statute, it defines an international organization for the purposes of this law as a public international organization in which the US participates because of a treaty or an Act of Congress, and designated by the president.  It requires a federal connection that you/your organization do not appear to have.

Could you provide a list of organizations that do count?

[Mark88 183]

3 hours ago, OmarStuck said:

Yes. But I am not able to go to the US because the daughter is without a passport. That is why I am insisting on the CRBA.

 

Your daughter surely can't be stateless? Whats is your wifes citizenship?

[Daisy.Chain 317]

On 2/19/2018 at 2:17 PM, JFH said:

Is your fiancée a US citizen? You say she’s been in the USA for 6 years but that doesn’t mean she’s a citizen. Only citizens can bring fiancées. Green card holders can only bring wives. 

 

How long have you been divorced?  

 

16 hours ago, OmarStuck said:

Qatar does not give citizenship

 

Yes. But I am not able to go to the US because the daughter is without a passport. That is why I am insisting on the CRBA.

 

Could you provide a list of organizations that do count?

If she doesn't qualify for CRBA, it won't matter if you insist upon it or not. However, why don't you look into filing for your daughter's US citizenship through one of her USC grandparents?

[payxibka 10,045]

4 minutes ago, Daisy.Chain said:

 

If she doesn't qualify for CRBA, it won't matter if you insist upon it or not. However, why don't you look into filing for your daughter's US citizenship through one of her USC grandparents?

Grandparents clause , if eligible, does not kick in until the child is present in the USA

[Daisy.Chain 317]

Just now, payxibka said:

Grandparents clause , if eligible, does not kick in until the child is present in the USA

Oh, I didn't realize. Thank you!

[jan22 3,049]

18 hours ago, OmarStuck said:

 

Could you provide a list of organizations that do count?

The list is at: https://fam.state.gov/fam/07fam/07fam1130.html#X1133_3_3.  

Edited February 26, 2018 by jan22

[Mark88 183]

12 hours ago, payxibka said:

Grandparents clause , if eligible, does not kick in until the child is present in the USA

 

12 hours ago, Daisy.Chain said:

Oh, I didn't realize. Thank you!

You can do the whole process form outside the US, only for the final interview after the application has been approved does the child have to travel to the US.

[payxibka 10,045]

5 minutes ago, Mark88 said:

 

You can do the whole process form outside the US, only for the final interview after the application has been approved does the child have to travel to the US.

Still doesn't help the OP