crba help needed

[Rahuleshaa87 2]

hello friends ,i needed a help regarding the citizenship of my son.So my wife is a usa citizen staying with me in india where as i am a non usa citizen living in india.We were blessed with a baby boy in sept 2018.We calculated the days of my wife presence in usa which was less then 5 yrs but we have my wife parents who are usa citizen and iqualify for the days in usa of more than 5 year in living.What approach should i be using in this scenario to obtain citizenship for my just born son.PLease guide for the same.

thank you.

[Mark88 184]

Citizenship through a grandparent:

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

 

Citizenship through your wife, even if she doesn't meet the physical presence requirements:

 

[Rahuleshaa87 2]

thanks mark for the reply.I did read your post before putting a query, my case is different and still not clear what step should i choose.if you could guide for the same.Also what is the right approach for it .

[Mark88 184]

Which approach will depend on how you want to handle it and what is more efficient in your case. For that more background information would be necessary. Like if you already applied for a CRBA (which you will need to do in both cases) and if you have a denial letter from the consulate concerning this. Or if the grandparents have enough proof of the 5 year physical presence requirements? When can you travel to the USA to complete the process (now, in 5 years...). All that depends...

[Rahuleshaa87 2]

We have not applied for crba.we would want to do it in a correct way taking the right options.We can travel anytime sooner as baby is already 2 months.i still have to apply for visitor visa as i have surrendered my green card this year.ideally i would like to do it after the process of my child is done and for the proof of grandparents fime spend we have the stamping dates on passport as well as their tax fillings.we would like to complete the process as soon as possible

[Mark88 184]

If you are SURE you have ENOUGH proof, you can do the N600-K. If you don't and want to move faster, do the BTL.

[Rahuleshaa87 2]

What do you mean by BTL.the stay proof of grandparents is passport entry and exit dates as well as income tax returns.How long do you think  the procedure for N600k takes with my wife as usc and she not meeting the necessary physical stay in usa.

[Mark88 184]

BTL = Baby transportation letter NA-3.

https://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/

 

Grandparent process will take about 6-12 months. Sometimes longer. If you only have entry/exit stamps and tax returns, the proof will not be enough. USC when entering the US usually don't get their passports stamped and any USC living abroad has to file taxes, too. You will have to show utility bills, lease agreements, car registrations, school records, doctors notes, cell phone contract... - anything that proofs they have daily life in the USA.

[Rahuleshaa87 2]

13 minutes ago, Mark88 said:

BTL = Baby transportation letter NA-3.

https://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/

 

Grandparent process will take about 6-12 months. Sometimes longer. If you only have entry/exit stamps and tax returns, the proof will not be enough. USC when entering the US usually don't get their passports stamped and any USC living abroad has to file taxes, too. You will have to show utility bills, lease agreements, car registrations, school records, doctors notes, cell phone contract... - anything that proofs they have daily life in the USA.

So does the Usc who is a mother also have the same priviledge as a green card holder mother with respect to getting a baby transportation letter. 

[Mark88 184]

You will have to contact the consular section of the embassy and clear it tiwh them:

You can either do the N600-K, IR-2 visa or BTL. You will have to fight for the last option since the consulates are usually not too familiar with the process. You can quote them the law:

https://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-30133/0-0-0-35080/0-0-0-36316/0-0-0-37369.html

 

   (b) Waivers . (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

[Rahuleshaa87 2]

thanks mark , the last reply was really helpful.thanks for the effort to solve the problem.Will update you once we find some reply/solution at consulate.

[Mark88 184]

You're welcome Please provide the result what happend and how you did it, since it might help other members that are in the same situation as you.

[Rahuleshaa87 2]

Surely.

[Rahuleshaa87 2]

On 11/4/2018 at 2:48 AM, Mark88 said:

If you are SURE you have ENOUGH proof, you can do the N600-K. If you don't and want to move faster, do the BTL.

mark i had to add one more point if it can change my approach anyhow.i was a lpr till may 2018 and my child was born in september 2018 and her mother is a usc.i had surrendered my green card before it expired.