HELP WITH CRBA APPLICATION

[RYANR 0]

Dear All Friends,

 

I have a strange situation with CRBA application, and I want to try my luck and see if anyone has this kind of experience.

 

Me: US Citizen from April 23 2019 (pass the test on Feb, and did the oath on April 23）   

My Girlfriend:  Mexican live in Mexico City    

 

Our baby is born pre-mature on April 17 (2 months early than the due date), and I want to apply citizenship for my baby.

 

My concern is that the CRBA requires that one of parents has citizenship when the child is AT BIRTH.

 

for my case, my citizenship come six days later than the baby's birth date. 

 

For the rest condition, I am sure that I meet all requirements

 

Anyone has any ideas?

 

 

 

[SusieQQQ 11,587]

As you already said, you needed to be a citizen at the time of the birth - you weren’t, so you could not transmit a citizenship you didn’t have. The good news is if/when the baby moves to the US on an immigrant visa to live with you in your physical and legal custody, at any time before age 18, s/he will automatically naturalize too.

Edited May 18, 2019 by SusieQQQ

[Mark88 184]

You were not a USC at the time of the childs birth. Even if it is a couple days, you will have to go the immigrant visa route and let the child receive citizenship through the Child Citizhenship Act. You can find a detailed report about this process here:

 

 

[RYANR 0]

9 hours ago, SusieQQQ said:

As you already said, you needed to be a citizen at the time of the birth - you weren’t, so you could not transmit a citizenship you didn’t have. The good news is if/when the baby moves to the US on an immigrant visa to live with you in your physical and legal custody, at any time before age 18, s/he will automatically naturalize too.

Thanks for sharing Susie! I think I will apply I130 for my newborn from USCIS overseas office (Mexico City specifically). I know the procedure is filing the petition with USCIS, and they will transfer the case to national visa center once they approved your petition. Do you know how they will do afterwards? conduct an interview for my baby? Can I expedite the case since I really need to bring my pre mature baby back to the States? 

 

 

[RYANR 0]

7 hours ago, Mark88 said:

You were not a USC at the time of the childs birth. Even if it is a couple days, you will have to go the immigrant visa route and let the child receive citizenship through the Child Citizhenship Act. You can find a detailed report about this process here:

 

 

Thanks Mark for sharing! It is good that you take the benefit of the CBP policy, but it looks they don't have it for citizen farther. I will file i130, but just don't know how to expedite the case. Regards. 

[Mark88 184]

If you live in a DCF country, you can do it in weeks instead of a year.

[RYANR 0]

4 hours ago, Mark88 said:

If you live in a DCF country, you can do it in weeks instead of a year.

Thanks Mark! You really sounds like a pro, and I want to bother you with two more questions, 

 

a. do you know if I can expedite my i130 case if I file in a DCF country? I just want to bring my baby back to the States for better medical treatment.

 

b. for a 2 month infant, does he need to be interviewed? just read tons of interview of IR1 kids, but they are all over a certain age.

 

Regards.

[Mark88 184]

a) DCF is already expedting. If you have a valid reason (i.e. medical might work) it can go faster.

b) You and the mother will be interviewed, not the child obviously.

 

One note, you can't just file in a DCF country. You need to have lived there for at least 6 months. In some cases 1 year.

Edited May 18, 2019 by Mark88
More info

[RYANR 0]

1 hour ago, Mark88 said:

a) DCF is already expedting. If you have a valid reason (i.e. medical might work) it can go faster.

b) You and the mother will be interviewed, not the child obviously.

Thanks Mark. I will contact the local USCIS office at my soonest. 

[carmel34 3,655]

To be eligible for DCF, you need to be a legal resident of that country, for six months or more, in this case, Mexico.  Check with the Mexico embassy to see if they are still accepting DCF petitions, because DCF is being phased out.  What about the baby's mother?  Whether you file a petition via DCF for the baby, or file it in the US, the baby's mother will need to immigrate to the US as well.  There's no way you can pass US citizenship to your baby unless he/she immigrates to the US, and that would not work without the baby's mother, your girlfriend.  You may want to consider K-1 for her, or marry her and file for a CR-1 for her and your baby. If you're living in the US it will take about a year, for DCF if it is still available, less than a year.  Good luck!

Edited May 19, 2019 by carmel34