Crba denied

[Shere 1]

So my daughters crba was denied because me and her father didn't meet the physical requirements of five years two being after our 14th birthdays we are both US citizens so we can't get her a passport from here (GHANA)  because in their law she has to be born to Ghanaians  to be a citizen even though she was born here.  So she has no travel documents and so far we are going in circles from us embassy to uscis... anybody ever been in this situation or know of any options along with getting a lawyer 

Edited October 19, 2018 by Shere

[williamAR 17]

if you both are citizens, you don't need 5 years of physical presence, probably there is something missing here.

 

1. Child of Two U.S. Citizen Parents ^[7]

 

A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

 

•Both of the child’s parents are U.S. citizens; and

•At least one parent had resided in the United States or one of its outlying possessions.

that "At least one parent had resided in the United States or one of its outlying possessions." means anytime in the US and any parent.

[Shere 1]

That's exactly what I'm seeing but because they are born out of wedlock they are using the law under a child born to a US citizen mother

[williamAR 17]

The residency laws are equal from out of wedlock or in wedlock what changes is the legitimation law

 

here is the nationality chart from children born out of wedlock.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Appendix-Nationality2.html

 

look for "On or After June 12"

[Russ&Caro 1,549]

CORRECTED QUESTION: Is your husband the biological father? I assume he's a US citizen as well, albeit without the requisite 2 years of residence after 14 yrs of age.

Edited October 19, 2018 by Russ&Caro

[williamAR 17]

I recommend you to go to the embassy with the law here is the foreing affairs manual that is the manul they use for guidance in all these matters.

 

https://fam.state.gov/fam/07fam/07fam1130.html#M1133_4_5_A

 

clearly states the following:

 

7 FAM 1133.4-5(A)  Birth Out of Wedlock to Two U.S. Citizen Parents

(CT:CON-748;   11-15-2017)

A child born abroad out of wedlock to a U.S. citizen father and a U.S. citizen mother acquires U.S. citizenship at birth if the U.S. citizen father first meets the four requirements of INA 309(a) after which, by the terms of 309(a), the provisions of INA 301(c) apply, and either U.S. citizen parent must establish that he/she has had a residence in the United States prior to the child's birth (see 7 FAM 1333.4-2 regarding residence).  If the individual cannot show that the U.S. citizen father meets the requirements of 309(a), but a claim can be made through the mother under INA 309(c) you should adjudicate the claim in accordance with 7 FAM 1133.4-5(C)(2) if the child was born before June 11, 2017, but if the child was born on or after June 12, 2017, please refer to AskPPTAdjudication@state.gov.

[Ontarkie 14,294]

~~Moved to CRBA, from US Citizenship Discussion~~

[Shere 1]

Yes he is a US citizen 

[Shere 1]

39 minutes ago, williamAR said:

I recommend you to go to the embassy with the law here is the foreing affairs manual that is the manul they use for guidance in all these matters.

 

https://fam.state.gov/fam/07fam/07fam1130.html#M1133_4_5_A

 

clearly states the following:

 

7 FAM 1133.4-5(A)  Birth Out of Wedlock to Two U.S. Citizen Parents

(CT:CON-748;   11-15-2017)

A child born abroad out of wedlock to a U.S. citizen father and a U.S. citizen mother acquires U.S. citizenship at birth if the U.S. citizen father first meets the four requirements of INA 309(a) after which, by the terms of 309(a), the provisions of INA 301(c) apply, and either U.S. citizen parent must establish that he/she has had a residence in the United States prior to the child's birth (see 7 FAM 1333.4-2 regarding residence).  If the individual cannot show that the U.S. citizen father meets the requirements of 309(a), but a claim can be made through the mother under INA 309(c) you should adjudicate the claim in accordance with 7 FAM 1133.4-5(C)(2) if the child was born before June 11, 2017, but if the child was born on or after June 12, 2017, please refer to AskPPTAdjudication@state.gov.

My daughter was born after june 12th 2017

[Shere 1]

2 minutes ago, Shere said:

My daughter was born after june 12th 2017

Thankyou very much for your help!!!

[williamAR 17]

yes that doesn't matter in this case, that was just a modification to the law prior to June 2017 if you were the only us citizen then you would only need 1 year of physical presence, that was eliminated and now is always 5, but in cases where one parent is an alien, please see that the article refers you in this case " If the individual cannot show that the U.S. citizen father meets the requirements of 309(a)", 

 

in this case you have 2 us citizen parents, the other us citizen parent has to comply with 309(a) that refers to acknowledge the child or legitimate and to acknowledge by written that he is gonna provide financial support for the child, this needs to be done in front of the consul.

 

[Shere 1]

2 minutes ago, williamAR said:

yes that doesn't matter in this case, that was just a modification to the law prior to June 2017 if you were the only us citizen then you would only need 1 year of physical presence, that was eliminated and now is always 5, but in cases where one parent is an alien, please see that the article refers you in this case " If the individual cannot show that the U.S. citizen father meets the requirements of 309(a)", 

 

in this case you have 2 us citizen parents, the other us citizen parent has to comply with 309(a) that refers to acknowledge the child or legitimate and to acknowledge by written that he is gonna provide financial support for the child, this needs to be done in front of the consul.

 

This was done he sent it to me from the states

[williamAR 17]

Then like I said grab the FAM(this is the department of state law book), go to the embassy and ask to speak with the American service's chief(had to do this thousand of times), and show him/her the law and explain your case.

[Ontarkie 14,294]

3 hours ago, williamAR said:

Then like I said grab the FAM(this is the department of state law book), go to the embassy and ask to speak with the American service's chief(had to do this thousand of times), and show him/her the law and explain your case.

Does the 2 yr for the father apply for this also? The OP said the father does not have the 2 yrs required. 

[jan22 3,056]

You say neither of you met the physical presence test -- but that's not what you need to show.  With two US citizen parents, you have to show that at least one of the parents, at some time prior to the child's birth, had resided (not just been physically present) in the US.  This means you don't look at the total amount of time you were ever in the US -- you have to show you lived in the US, that you had a permanent place you were living (and not just staying with relatives, with friends, or in a hotel).