Filing DS2029 CRBA in the US?

[PapaDukes 0]

I am trying to file a CRBA for my 14 year old Daughter who has only been in my life since January. She reached out via social media and we have been building our relationship. My name was not on her birth certificate so we had to get a DNA test and file a petition with the court to have my name added. Her mother married another US citizen and they immigrated a few years ago so my Daughter is naturalized citizen. 

 

We would like to file the CRBA, however I can't seem where to file in the continental US?

[Crazy Cat 41,772]

What is the benefit for her?  I am not criticizing......I am curious.

[PapaDukes 0]

I actually wasn't sure if there would be an advantage to making the change or not. 

[dwheels76 5,468]

48 minutes ago, PapaDukes said:

I am trying to file a CRBA for my 14 year old Daughter who has only been in my life since January. She reached out via social media and we have been building our relationship. My name was not on her birth certificate so we had to get a DNA test and file a petition with the court to have my name added. Her mother married another US citizen and they immigrated a few years ago so my Daughter is naturalized citizen. 

 

We would like to file the CRBA, however I can't seem where to file in the continental US?

So your daughter is in US or no? If she is a US citizen there's no need for a CRBA just take birth certificate and both parents to get passport.

[PapaDukes 0]

She is through the green card process, her Mother was not a citizen.

[Mark88 183]

CRBA only can be done outside the US at a consulate or embassy. If she already has a US passport/is a USC, CRBA can't be done anymore anyway.

[TM92 527]

2 hours ago, PapaDukes said:

I actually wasn't sure if there would be an advantage to making the change or not. 

35 minutes ago, PapaDukes said:

She is through the green card process, her Mother was not a citizen.

The only difference would be if you don't go the CRBA route is that she will not be eligible for the office of President (Section 1 of Article Two of the Constitution) or Vice-President (12th Amendment):

Quote

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

Quote

No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Without CRBA she would be categorized like Arnold Schwarzenegger; with CRBA she would be categorized like the late John McCain or Ted Cruz.

Currently, she could lose her citizenship in the hypothetical situation of her mother being denaturalized by the government: https://immigration.findlaw.com/citizenship/can-your-u-s-citizenship-be-revoked-.html But all citizens, including "natural born" citizens, can be have their citizenship revoked by the government (e.g. Tomoya Kawakita).

Like already said, CRBA can only be done abroad. If approved, it would mean that any and all US visas, A-File, LPR status, and/or USCIS Certificate of Citizenship were issued in error (in theory) because she would be a US citizen from birth. Department of State passport records would also have to be updated. The silver lining is that any time already spent in the US is not a negative since US citizens have the right to be in the US. This is assuming you are eligible to pass down citizenship:

Quote

Child born out of wedlock to a U.S. Citizen father

A child born outside of the United States and out of wedlock to a U.S. citizen father, may acquire U.S. citizenship if the father was a U.S. citizen at the time of the child’s birth and, if the father was physically present in the United States or one of its outlying possessions for five years, two of which were after the age of fourteen.

 

In addition, the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until he/she reaches the age of 18 years old.

The second part of the quote above is part of the CRBA application (page 3 of DS-2029).

[aaron2020 11,651]

3 hours ago, PapaDukes said:

I am trying to file a CRBA for my 14 year old Daughter who has only been in my life since January. She reached out via social media and we have been building our relationship. My name was not on her birth certificate so we had to get a DNA test and file a petition with the court to have my name added. Her mother married another US citizen and they immigrated a few years ago so my Daughter is naturalized citizen. 

 

We would like to file the CRBA, however I can't seem where to file in the continental US?

You can not file a CRBA (Consular Report Birth Abroad).  That ship has passed since she is already living in the US.

You and her mother will have to go through the local court where your daughter lives to have you declared as her legal father.  Right now, you are an unrelated person because there is no legal document proving that you are the father.  You will need a court order as the legal document to show that she is your daughter.  Once this is done, then you can seek to get her US citizenship.  

 

Your daughter is NOT a naturalized US citizen.  Children can not naturalize.  Her mother is not a US citizen, so there is NO WAY for her to derive US citizenship from anyone at this moment.  What makes you think that your daughter is a naturalized US citizen?

Edited November 20, 2018 by aaron2020

[accumbyte 149]

On 11/20/2018 at 11:58 AM, aaron2020 said:

That ship has passed since she is already living in the US.

I'm not saying this applies to OP's daughter but I found this interesting part in the DOS Foreign Affairs Manual, https://fam.state.gov/fam/07fam/07fam1440.html:

Quote

Family in the United States, child has never been documented as A U.S. citizen:

1. Cases occasionally arise in which a family that had lived abroad for a period of time returns to the United States for residence. A child was born during the period of residence abroad, but the parents neglected to register the birth at the consular post. The question then arises as to whether the parents can register the birth at the post even though the child is physically present in the United States;
2. In these cases the parents usually would have obtained a passport for the child, but in rare cases this category could also include persons who came to the United States with a child on a nonimmigrant visa. These cases usually involve medical emergencies in which the parents do not have time or lack full documentation to complete the process;
3. Parents may execute an application for a Form FS-240 before a notary public in the United States and transmit the application, together with the supporting evidence needed to establish the citizenship claim and identity and the requisite fees to the U.S. embassy or consulate in whose consular district the child was born; and
4. The post should consult with CA/OCS/L (ASK-OCS-L@state.gov) if any unusual adjudication issues arise.

It piqued my curiosity.