IR - 1 Visa Questions ???

[LilyJ 1,258]

18 minutes ago, Duke & Marie said:

If a dual citizen he can use either passport... if using the Aussie one he just needs the waiver attached... I’ve done it previously with UK when I didn’t realise my UK passport had expired.. I assume America is similar 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html Last paragraph

edited with better link

Edited January 5, 2020 by LilyJ

[Ozziemate 1]

10 minutes ago, Duke & Marie said:

Not if only travelling as a tourist, whilst your petition is processing, then he can use his Aussie one.. 

 

But for your immigration, yes, get him his us citizenship and us passport before your petition is approved so he can stay there no worries.. 

 

 

Thank you this is what I figured we would need to do.

So you can travel as a tourist while the petition is processing ? Or does it look suspicious?

[Duke & Marie 1,389]

2 minutes ago, LilyJ said:

https://travel.state.gov/content/dam/childabduction/dual_nationality.pdf 2nd to last paragraph 

Dosent say he can’t and at this stage he dosent have dual citizenship.. so for the time being if traveling with mom for vacation whilst petition is processing it should be fine.. 

 

when it comes time to move, yes, I recommend they get his citizenship and passport prior 

[LilyJ 1,258]

4 minutes ago, Duke & Marie said:

Dosent say he can’t and at this stage he dosent have dual citizenship.. so for the time being if traveling with mom for vacation whilst petition is processing it should be fine.. 

 

when it comes time to move, yes, I recommend they get his citizenship and passport prior 

He’s a US citizen automatically regardless of CRBA being done yet or not. CRBA is just proof of citizenship for obtaining a passport among other things. The child is already a US citizen at birth and is required to enter the US with a US passport. I replaced the link earlier with a better one that states a US citizen MUST, not may have to, enter with US passport

Edited January 5, 2020 by LilyJ

[Duke & Marie 1,389]

5 minutes ago, Ausmerica said:

Thank you this is what I figured we would need to do.

So you can travel as a tourist while the petition is processing ? Or does it look suspicious?

Yes can travel, I’m currently in the US on my 7th visit since submitting application.. I go home next Saturday and hope to receive NVC approval in the next day or two.. 

[LilyJ 1,258]

31 minutes ago, Ausmerica said:

From what i read I would need to get him and IR-2 and Green card too if he travels over on an Australian passport.

The child is automatically a US citizen so he does not need an IR2 or a green card, but he does need to use a US passport to enter/exit the US, even just for visiting. It’s required by US law that US citizens and nationals use their US passports to enter and exit. Yes getting the CRBA and the passport taken care of at the same time when down at the embassy will be a good idea. He’s already a citizen even though CRBA hasn’t been done yet so he is required to use a US passport for the US https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

[Duke & Marie 1,389]

20 minutes ago, LilyJ said:

He’s a US citizen automatically regardless of CRBA being done yet or not. CRBA is just proof of citizenship for obtaining a passport among other things. The child is already a US citizen at birth and is required to enter the US with a US passport 

The child is also Australian born, with an Australian birth certificate that states he’s Australian... and since US citizenship has not been formally acquired and can be renounced at any time, is he currently an American citizen, if travelling with his Australian mother on an Australian passport for a vacation with appropriate travel visas in place? The laws are still being compiled with and entry on a holiday is still permissible with the Aussie passport.. 

Edited January 5, 2020 by Duke & Marie

[LilyJ 1,258]

1 minute ago, Duke & Marie said:

The child is also Australian born, with an Australian birth certificate that states he’s Australian... and since US citizenship has not been formally acquired and can be renounced at any time, is he currently an American citizen, if travelling with his Australian mother on an Australian passport for a vacation with appropriate travel visas in place? The laws are still being compiled with.. 

Yes. He is still an American citizen as he was born to an American citizen parent eligible of passing citizenship. He is automatically a citizen as he acquired citizenship at birth through the parent and therefore must travel to the US with a US passport. CRBA doesn’t determine whether or not you are a citizen, it only gives you a piece of paper proving you are. Being born to a US citizen who can pass down citizenship is what determines your US citizenship. CRBA or not he is still a citizen inherited from the American parent. For them to have their US citizen child enter and exit the US with a non-US passport is against United States law and can cause trouble when trying to enter https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

[Duke & Marie 1,389]

11 minutes ago, LilyJ said:

Yes. He is still an American citizen as he was born to an American citizen parent eligible of passing citizenship. He is automatically a citizen as he acquired citizenship at birth through the parent and therefore must travel to the US with a US passport. CRBA doesn’t determine whether or not you are a citizen, it only gives you a piece of paper proving you are. Being born to a US citizen who can pass down citizenship is what determines your US citizenship. CRBA or not he is still a citizen inherited from the American parent. For them to have their US citizen child enter and exit the US with a non-US passport is against United States law and can cause trouble when trying to enter https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

You need to read the requirement your stating..... I’m not disputing his right to us citizenship, we know he can get it via birthright... 

 

READ it says MAY and SHOULD... NOT MUST OR SHALL.. legally he can still travel as a tourist to America using his Australian passport and VWP in accordance with USA/AUS travel authorities, since his birthrights have not yet been established.

 

NOTE, I’m not referring to his physically moving there... just his travel whilst mom’s petition is being processed and until he’s obtained his US Passport etc.. 

Edited January 5, 2020 by Duke & Marie

[LilyJ 1,258]

3 minutes ago, Duke & Marie said:

You need to read the requirement your stating..... I’m not disputing his right to us citizenship, we know he can get it via birthright... 

 

READ it says MAY and SHOULD... NOT MUST OR SHALL.. legally he can still travel as a tourist to America using his Australian passport and VWP in accordance with USA/AUS travel authorities.. 

 

NOTE, I’m not referring to his physically moving there... just his travel whilst mom’s petition is being processed and until he’s obtained his US Passport etc.. 

He is NOT a tourist though. A US citizen is not eligible for VWP or a visa, for obvious reasons. He is a US citizen, by birth, automatically. It says they should APPLY for CRBA and a US passport as soon as possible, and it also says “By law, U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.” MUST, not may.

[Duke & Marie 1,389]

29 minutes ago, LilyJ said:

He is NOT a tourist though. A US citizen is not eligible for VWP or a visa, for obvious reasons. He is a US citizen, by birth, automatically. It says they should APPLY for CRBA and a US passport as soon as possible, and it also says “By law, U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.” MUST, not may.

So according to you, people born overseas to one us parent Must submit Application with CRBA to determine eligibility for citizenship benefits (citizenship/ passport benifits) once citizenship is established they must enter on the US Passport.. .... and if they don’t, and turn up for a holiday on a different passport and visa, the US Citizen child should be turned away at the gate. got it.. 

 

According to me... people born overseas to one us parent... if they haven’t yet made application to CRBA to determine eligibility for citizenship benifits (citizenship/passport) then they are not yet recognised citizens of the US. And are then by default, only citizens of their birth country and able to travel on a valid visa issued by DOS that is attached to a passport issued by foreign country for a vacation. Because technically whilst having a birth right, that right has not yet been established by the US government... 

 

Edited January 5, 2020 by Duke & Marie

[LilyJ 1,258]

10 minutes ago, Duke & Marie said:

So according to you, people born overseas to one us parent Must submit Application with CRBA to determine eligibility for citizenship benefits (citizenship/ passport benifits) once citizenship is established they must enter on the US Passport.. .... and if they don’t, and turn up for a holiday on a different passport and visa, the US Citizen child should be turned away at the gate. got it.. 

 

According to me... people born overseas to one us parent... if they haven’t yet made application to CRBA to determine eligibility for citizenship benifits (citizenship/passport) then they are not yet recognised citizens of the US. And are then by default, able to travel on a valid visa issued by DOS that is attached to a passport issued by foreign country for a vacation. Because technically whilst having a birth right, that right has not yet been established by the US government... 

 

CRBA doesn’t determine eligibility. CRBA is merely paper proof of citizenship, like a birth certificate. You’re not not a citizen of a country when you’re born just because you weren’t automatically given a piece of paper. You can even actually apply for a US passport for a child without doing CRBA. It doesn’t matter what it is “according to” anyone except the US government. The US government states that a child born to a US citizen abroad is a US citizen. The US government also states that a US citizen must enter and exit on their US passport. If you read that link, it’s also the US government stating it can cause issues to not get the child a US passport, and ALSO the US government stating that they must use said passport for entry and exit. US citizens are citizens. Citizens do not receive visas to the country they are citizens of. The law is the law. Opinion doesn’t matter here. What you think it should be like, and what the law states, are two separate things

Edited January 5, 2020 by LilyJ

[Ozziemate 1]

18 minutes ago, LilyJ said:

Yes. He is still an American citizen as he was born to an American citizen parent eligible of passing citizenship. He is automatically a citizen as he acquired citizenship at birth through the parent and therefore must travel to the US with a US passport. CRBA doesn’t determine whether or not you are a citizen, it only gives you a piece of paper proving you are. Being born to a US citizen who can pass down citizenship is what determines your US citizenship. CRBA or not he is still a citizen inherited from the American parent. For them to have their US citizen child enter and exit the US with a non-US passport is against United States law and can cause trouble when trying to enter https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

51 minutes ago, LilyJ said:

Yes. He is still an American citizen as he was born to an American citizen parent eligible of passing citizenship. He is automatically a citizen as he acquired citizenship at birth through the parent and therefore must travel to the US with a US passport. CRBA doesn’t determine whether or not you are a citizen, it only gives you a piece of paper proving you are. Being born to a US citizen who can pass down citizenship is what determines your US citizenship. CRBA or not he is still a citizen inherited from the American parent. For them to have their US citizen child enter and exit the US with a non-US passport is against United States law and can cause trouble when trying to enter https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

No so what happens is now they give you the CRBA and issue an US passport at the sametime this is the best way to avoid these situations you talk about.  Also it saves $$$ as they are done together and he can still hold Dual Citizenship because he was born in Australia. It's acceptable.

[Duke & Marie 1,389]

4 minutes ago, LilyJ said:

CRBA doesn’t determine eligibility. CRBA is merely paper proof of citizenship, like a birth certificate. You’re not not a citizen of a country when you’re born just because you weren’t automatically given a piece of paper. You can even actually apply for a US passport for a child without doing CRBA. It doesn’t matter what it is “according to” anyone except the US government. The US government states that a child born to a US citizen abroad is a US citizen. The US government also states that a US citizen must enter and exit on their US passport. If you read that link, it’s also the US government stating it can cause issues to not get the child a US passport, and ALSO the US government stating that they must use said passport for entry and exit. US citizens are citizens. Citizens do not receive visas to the country they are citizens of. The law is the law. Opinion doesn’t matter here

Those paper pushers mean a lot though.. because regardless of the us government saying your a citizen or not.. citizenship can be relinquished at anytime by an individual... so that bit of paper means a lot and currently he dosent have it.. 

 

i think well we’ll agree to disagree 

[Ozziemate 1]

1 hour ago, Duke & Marie said:

I believe a sponsor must be a resident of the us and have physical presence. as petitioner he’s automatically a sponsor.. but I’m sure others will correct me if I’m mistaken 

Okay yes this is making total sense we suspected that we may need him to move back for certain number of days and have him establish domicle even though kinda of do but it varies via states however this parent's could be our sponsor too. Trying to figure the best less stressful route.