US citizen filling for biological son

[Kingmoves 6]

Hello,

 

I am a USC applying for a green card for my son. Do I need to do a CRIBA report before I apply an immigrant visa for him? 
 

some background- I am a USC but I don’t meet the physical presence requirements to pass on citizenship to my son 

 

Regards 

[aaron2020 11,651]

Since you do not meet the physical presence requirement to pass on citizenship to your son, you can not file a CRBA to report the birth of a US citizen.  He's not a US citizen, so you can't file the CRBA.

 

You file an I-130 to start the immigration process.  Follow the Guides on VJ.

 

How old is your son?

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Brining Family Members of US Citizens to America forum.

[Kingmoves 6]

10 hours ago, aaron2020 said:

Since you do not meet the physical presence requirement to pass on citizenship to your son, you can not file a CRBA to report the birth of a US citizen.  He's not a US citizen, so you can't file the CRBA.

 

You file an I-130 to start the immigration process.  Follow the Guides on VJ.

 

How old is your son?

Thanks. I read online that I must first prove that he is not eligible for transfer of US citizenship by applying for the CRIBA and getting a rejection letter before I can go ahead with applying for an immigrant visa.  My child is 8 months 

[SusieQQQ 11,586]

40 minutes ago, Kingmoves said:

Thanks. I read online that I must first prove that he is not eligible for transfer of US citizenship by applying for the CRIBA and getting a rejection letter before I can go ahead with applying for an immigrant visa.  My child is 8 months 

That’s not true. 

[pinaydiver 16]

It is usually true.  That you need to prove that your child is not eligible for citizenship through CRBA before they can process an immigrant visa for him.  That's why you still need to apply and get an official rejection letter before to proceed.  I know people (irl,  not just from forums) That went on this process. Right at the interview they were asked to apply for a crba first get denied before they can approve their visa.  

 

[SusieQQQ 11,586]

2 hours ago, pinaydiver said:

It is usually true.  That you need to prove that your child is not eligible for citizenship through CRBA before they can process an immigrant visa for him.  That's why you still need to apply and get an official rejection letter before to proceed.  I know people (irl,  not just from forums) That went on this process. Right at the interview they were asked to apply for a crba first get denied before they can approve their visa.  

 

I also know people “IRL” who have applied for i130 for kids without having to go through CRBA first. Is there any Dept of State documentation you can refer to that says the process first needs to apply and pay for something they know they are not eligible for?

[seekingthetruth 1,246]

On 4/4/2021 at 4:32 AM, aaron2020 said:

Since you do not meet the physical presence requirement to pass on citizenship to your son, you can not file a CRBA to report the birth of a US citizen.  He's not a US citizen, so you can't file the CRBA.

 

You file an I-130 to start the immigration process.  Follow the Guides on VJ.

Also, it is not clear to me he is domiciled in the U.S.  That might need to be addressed.

[Kingmoves 6]

16 minutes ago, seekingthetruth said:

Also, it is not clear to me he is domiciled in the U.S.  That might need to be addressed.

Hello. We are not domiciled in the US but we intend to move back to the US. The project I am

Working on has been completed 

[Kingmoves 6]

8 hours ago, pinaydiver said:

It is usually true.  That you need to prove that your child is not eligible for citizenship through CRBA before they can process an immigrant visa for him.  That's why you still need to apply and get an official rejection letter before to proceed.  I know people (irl,  not just from forums) That went on this process. Right at the interview they were asked to apply for a crba first get denied before they can approve their visa.  

 

Wow. Maybe I need to email the embassy 

[Kingmoves 6]

6 hours ago, SusieQQQ said:

I also know people “IRL” who have applied for i130 for kids without having to go through CRBA first. Is there any Dept of State documentation you can refer to that says the process first needs to apply and pay for something they know they are not eligible for?

Yes I would love to see official documentation on this 

[seekingthetruth 1,246]

3 minutes ago, Kingmoves said:

Right at the interview they were asked to apply for a crba first get denied before they can approve their visa.

 

6 hours ago, SusieQQQ said:

I also know people “IRL” who have applied for i130 for kids without having to go through CRBA first. Is there any Dept of State documentation you can refer to that says the process first needs to apply and pay for something they know they are not eligible for?

 

4 minutes ago, Kingmoves said:

Wow. Maybe I need to email the embassy 

If I were you I would e-mail the embassy and get something in writing, including the documentation that references the rules.  I have a hard time believing that someone would have to apply for a CRBA to prove that they don't qualify.

[Kingmoves 6]

On 4/7/2021 at 2:29 PM, seekingthetruth said:

 

 

If I were you I would e-mail the embassy and get something in writing, including the documentation that references the rules.  I have a hard time believing that someone would have to apply for a CRBA to prove that they don't qualify.

This is the response I received from the US embassy 

 

Greetings,

 

Thank you for your email.  Please go to https://ng.usembassy.gov/u-s-citizen-services/birth/ for more information about the required documents.  Please keep in mind we cannot make a citizenship decision until the application is submitted and the evidence is reviewed.  It is the responsibility of the parents to provide the requested evidence to prove the child was a citizen at the time of birth.  If the officer decides the child does not qualify at that time or you do not meet the Consular Report of Birth Abroad requirements, you can initiate or continue with the visa process.  

 

Best Regards,

 

I am not sure what it means 

[seekingthetruth 1,246]

2 minutes ago, Kingmoves said:

This is the response I received from the US embassy 

 

Greetings,

 

Thank you for your email.  Please go to https://ng.usembassy.gov/u-s-citizen-services/birth/ for more information about the required documents.  Please keep in mind we cannot make a citizenship decision until the application is submitted and the evidence is reviewed.  It is the responsibility of the parents to provide the requested evidence to prove the child was a citizen at the time of birth.  If the officer decides the child does not qualify at that time or you do not meet the Consular Report of Birth Abroad requirements, you can initiate or continue with the visa process.  

 

Best Regards,

 

I am not sure what it means 

I'm not sure how you worded your questions, but that is a typical vague answer.

 

How many years have you lived in the U.S.?  Where were you born?   I'm just wondering if you are close to 5 years or very far away.  You know, it does not have to be continuous, right?

 

One of the reasons I am moving from Philippines to the U.S. is so my Philippine born USC kids can get that 5 years under their belt and never have to worry about passing their U.S. Citizenship on to their kids.

[Kingmoves 6]

9 minutes ago, seekingthetruth said:

I'm not sure how you worded your questions, but that is a typical vague answer.

 

How many years have you lived in the U.S.?  Where were you born?   I'm just wondering if you are close to 5 years or very far away.  You know, it does not have to be continuous, right?

 

One of the reasons I am moving from Philippines to the U.S. is so my Philippine born USC kids can get that 5 years under their belt and never have to worry about passing their U.S. Citizenship on to their kids.

I asked since I don’t qualify to pass citizenship to my child so I still have to go through the CRIBA process and a get a rejection letter before I file an immigration petition.

 

I am no where near the 5 year mark. I’m about 1 year. It makes a lot of sense