Info on DNA testing and other CRBA issues..

[looniepie 1]

Hello! 

 

My foreign national husband (filipino) and I have just started the CRBA application for our 20 month old daughter. We were recently informed that because our daughter is a bit older, we may be required to submit a DNA test along with our application and that most applicants whose children are 2 and above will definitely be required to submit a DNA test. Can anyone confirm how true this is? and for anyone who's had one done in metro manila, how much did it cost and how long did it take?

 

As for our other issues with applying for the CRBA, I'm afraid I don't meet the qualifications for the "5 years physical presence in US after 14 years old" as I moved to the Philippines when i was 10 and have only gone back to the US for some summer vacations that have only amounted to a little over 2 years. Is it worth mentioning the little time I have spent in the US in my application? 

My dad however has been a US citizen since he was 20 years old and was in the Navy for 20+ years, would it be possible to use his "physical presence" in the US in our application? 

 

I know that we most likely will be rejected for a CRBA, so what is usually the next step after that? and will it require a philippine passport? 

 

Thank you!

[designguy 1,179]

If you dont meet the physical presence requirements then your daughter is not eligible. This has nothing to do with your father.

 

Are you planning on moving back to the US?

[SalishSea 17,952]

39 minutes ago, looniepie said:

and will it require a philippine passport? 

No, but since it sounds like you're not eligible for CRBA, if you want to petition her for a visa, she will need one eventually.

[looniepie 1]

9 minutes ago, designguy said:

If you dont meet the physical presence requirements then your daughter is not eligible. This has nothing to do with your father.

 

Are you planning on moving back to the US?

Ah thank you! This is exactly what I was telling my husband lol He said he read something about how some cases allow the grandparent's physical presence to be considered but I haven't read anything like that. 

 

Yes but just me and my daughter! We wont be applying for my husband's visa until later on. 

[looniepie 1]

10 minutes ago, Jorgedig said:

No, but since it sounds like you're not eligible for CRBA, if you want to petition her for a visa, she will need one eventually.

Got it! 

 

Would that be an i130 visa? Ill still need to apply for a CRBA though right? 

[SalishSea 17,952]

1 minute ago, looniepie said:

Got it! 

 

Would that be an i130 visa? Ill still need to apply for a CRBA though right? 

CRBA is for establishing US citizenship.  It doesn't sound like you qualify to pass along citizenship to your daughter.

 

The I-130 is the petition you would use to petition any family member....spouse, child, parent.  Your child would get a visa as an immediate relative.

[looniepie 1]

2 minutes ago, Jorgedig said:

CRBA is for establishing US citizenship.  It doesn't sound like you qualify to pass along citizenship to your daughter.

 

The I-130 is the petition you would use to petition any family member....spouse, child, parent.  Your child would get a visa as an immediate relative.

Ah yes I am aware, but im seeing reports where the USCIS will still require your CRBA submission to be rejected before you can apply for the visa for your child. Do you know if this is true?

Edited August 26, 2020 by looniepie

[SalishSea 17,952]

Just now, looniepie said:

Ah yes I am aware, but im seeing reports where the USCIS will still require your CRBA submission to be rejected before you can apply for the visa for your child. Do you know if this is true?

I have never heard that.  I can't imagine that would be the case, given the many children of USCs and LPRs who need visas.

 

My understanding is that your daughter will automatically become a USC upon arrival into the United States.

[looniepie 1]

Just now, Jorgedig said:

I have never heard that.  I can't imagine that would be the case, given the many children of USCs and LPRs who need visas.

 

My understanding is that your daughter will automatically become a USC upon arrival into the United States.

Oh i suppose ill clarify  

 

Thank you so much for your help! 

[HRQX 4,145]

1 hour ago, looniepie said:

I know that we most likely will be rejected for a CRBA, so what is usually the next step after that?

Shouldn't even apply for CRBA because not meeting the physical presence requirement means citizenship was not transmitted at her birth. Thus, she must become a citizen after her birth. Her path depends on if you intend for her to live outside or inside the US in the near future.

If outside of the US, then it'll be N-600K path (INA 322):

1. File N-600K. There is an online filing option if you prefer: https://www.uscis.gov/n-600k You must select a Field Office location inside of the US. Some applicants choose Honolulu. You must submit the following regarding your father's US physical presence time: "If the U.S. citizen parent fails to meet the physical presence requirement, the child must have a U.S. citizen grandparent who was physically present in the United States for a period or for multiple periods totaling not less than five years (at least two of which were after the U.S. citizen grandparent’s 14th birthday)." https://www.uscis.gov/forms/tip-sheet-applying-for-form-n-600k-application-for-certificate-of-citizenship
2. Start US tourist visa process for your daughter. Reminder that she only has Philippine citizenship at this time. You should inform the CO of the N-600K path being pursued: "Naturalization under INA 322 is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child must be under the age of 18 at the time INA 322 requirements are met. The child's intended naturalization, however, does not exempt the child from INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, provided that the parents do not intend to resume residing in the United States, whereas a child whose parents habitually reside in the United States will not." https://fam.state.gov/fam/09FAM/09FAM040202.html
3. Your daughter will enter the US with the tourist visa to attend the N-600K interview.
4. After N-600K approval, your daughter will receive a Certificate of Citizenship.
5. She'll be eligible for US passport. Application can be submitted in the US during the visit or in the Philippines at the US Embassy.
6. For future US travel, she can enter the US for any purpose (i.e. live indefinitely, visit, etc.) as she'll be a US citizen.

If inside of the US, then it'll be IR-2 visa path (INA 320):

1. File I-130 petition for her. Online filing is an option: https://www.uscis.gov/i-130 (I-130 petition for your husband must be filed separately)
2. After petition approval, do the routine steps for IR-2 (upload further documents to NVC, visa medical, visa interview) except paying USCIS Immigrant Fee. That fee isn't required for children pursuing INA 320 path.
3. After her US entry with IR-2 visa, apply for US passport with the required documents: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Be admitted to the United States as an immigrant for lawful permanent residence
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
• If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.

56 minutes ago, Jorgedig said:

if you want to petition her for a visa, she will need one eventually.

Note that N-600K path doesn't require Immigrant Visa. Instead, tourist visa is needed for that path. There isn't a petitioning process for tourist visas.

36 minutes ago, Jorgedig said:

I have never heard that.  I can't imagine that would be the case, given the many children of USCs and LPRs who need visas.

Probably someone misquoted the following to OP: "If a person is a U.S. citizen, he or she is not eligible for a visa. Any prospective applicant believing he or she may have a claim to U.S. citizenship should have his or her citizenship claim adjudicated (officially determined) by a consular officer at a U.S. Embassy or Consulate before applying for a U.S. visa." https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions.html OP's daughter is clearly not a US citizen, so OP should make that clear to the CO.

[Mollie09 1,543]

9 hours ago, looniepie said:

Ah thank you! This is exactly what I was telling my husband lol He said he read something about how some cases allow the grandparent's physical presence to be considered but I haven't read anything like that. 

 

Yes but just me and my daughter! We wont be applying for my husband's visa until later on. 

Fortunately, the advice so far on this thread is wrong, and your husband is right:

 

Quote

 

3. Reliance on Physical Presence of Child’s U.S. Citizen Grandparent

If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet the requirement. In such cases, the officer first must verify that the citizen grandparent, the citizen parent’s mother or father, is a U.S. citizen at the time of filing. If the grandparent has died, the grandparent must have been a U.S. citizen and met the physical presence requirements at the time of his or her death.

Like in the case of the citizen parent, the officer also must ensure that:

-The U.S. citizen grandparent has been physically present in the United States or its outlying possessions for at least 5 years; and

-The U.S. citizen grandparent met such physical presence for at least 2 years after he or she reached 14 years of age. 

-Like the citizen parent, a grandparent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the grandparent was not a U.S. citizen.

 

Source: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

If your father meets these requirements, your child is eligible for CRBA.

[HRQX 4,145]

3 hours ago, Mollie09 said:

Fortunately, the advice so far on this thread is wrong, and your husband is right:

 

Source: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

If your father meets these requirements, your child is eligible for CRBA.

That is the USCIS Policy Manual section regarding N-600K process, NOT CRBA. That same page says:

D. Temporary Presence by Lawful Admission and Status in United States

1. Temporary Presence and Status Requirements

In most cases, the citizenship process for a child residing abroad cannot take place solely overseas.

• The child is required to be lawfully admitted to United States, in any status, and be physically present in the United States;^[9] 

• The child is required to maintain the lawful status that he or she was admitted under while in the United States; ^[10] and

• The child is required to take the Oath of Allegiance in the United States unless the oath requirement is waived. ^[11] 

^{https://www.visajourney.com/forums/topic/642002-crba-through-grandparent/?do=findComment&comment=8708498}

Edited August 26, 2020 by HRQX

[Mollie09 1,543]

10 minutes ago, HRQX said:

That is the USCIS Policy Manual section regarding N-600K process, NOT CRBA. That same page says:

D. Temporary Presence by Lawful Admission and Status in United States

1. Temporary Presence and Status Requirements

In most cases, the citizenship process for a child residing abroad cannot take place solely overseas.

• The child is required to be lawfully admitted to United States, in any status, and be physically present in the United States;^[9] 

• The child is required to maintain the lawful status that he or she was admitted under while in the United States; ^[10] and

• The child is required to take the Oath of Allegiance in the United States unless the oath requirement is waived. ^[11] 

Yep, my bad. Seems like grandparents presence doesn't apply to CRBA.

That's a bummer, but OP's husband wasn't totally off-base.

[Orangesapples 1,954]

16 hours ago, designguy said:

If you dont meet the physical presence requirements then your daughter is not eligible. This has nothing to do with your father.

 

Are you planning on moving back to the US?

I'm pretty sure I've seen reports on here about grandparents passing citizenship to their grandchildren. I think the form is N600

[HRQX 4,145]

5 minutes ago, Orangesapples said:

I'm pretty sure I've seen reports on here about grandparents passing citizenship to their grandchildren. I think the form is N600

It's not "passing" citizenship. Those children are "eligible for naturalization if all of the following conditions have been met" https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5 And the correct form for this is N-600K