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Fanguy

Needs some Explanation

By Fanguy in Consular Reports of Birth Abroad (CRBA)

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Fanguy Contributor

Fanguy   10

Posted
Timeline
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Hello all,

I applied for CRBA for my child and I was denied it because the officer said I did not demonstrate that I was physically present in the United States for the period of 5 years prior to the birth of my child and at least 2 years of which were after I have reached the age of 14 years.

I immigrated to the US in December 2014 and stayed out of the US for less than 5 months, my child was born in March 2020 which with my calculations I have been in the US for more than 5 years which presented my social security contributions for the period of 5 years and my tax transcripts for 5 years.

So my question is why did they refuse my child of her citizenship. Can someone help me with the explanation 

Attached is what they emailed me. 
Thank you

1EA7E8FE-0577-439B-9B0C-E0157128B791.png

Boiler Grand Master

Boiler   45,949

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Looking at your dates sounds very tight.

 

Assuming you met the requirements sounds like you did not evidence it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

flicks1998 Proficient

flicks1998   1,044

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
36 minutes ago, Fanguy said:

Hello all,

I applied for CRBA for my child and I was denied it because the officer said I did not demonstrate that I was physically present in the United States for the period of 5 years prior to the birth of my child and at least 2 years of which were after I have reached the age of 14 years.

I immigrated to the US in December 2014 and stayed out of the US for less than 5 months, my child was born in March 2020 which with my calculations I have been in the US for more than 5 years which presented my social security contributions for the period of 5 years and my tax transcripts for 5 years.

So my question is why did they refuse my child of her citizenship. Can someone help me with the explanation 

Attached is what they emailed me. 
Thank you

1EA7E8FE-0577-439B-9B0C-E0157128B791.png

 

What did you provide as evidence?  I had to use high school and university transcripts when I did the CRBA for my son as I had been out of the US for almost 25 years.  As Boiler says, you seem to be cutting it close and you may need to get a very detailed timeline from Jan 2015 through the birth of your child and provide evidence to that timeline. Actually your so close, you almost need the government to count Dec 2014 as time in country plus your "less than 5 months" may have been rounded up to 5 months.  Either way, its very very close. 

The United States is now a country obsessed with the worship of its own ignorance.  Americans are proud of not knowing things.  They have reached a point where ignorance, is an actual virtue.  To reject the advice of experts is to assert autonomy, a way for Americans to insulate their increasingly fragile egos from ever being told they're wrong about anything.  It is a new Declaration of Independence: no longer do we hold these truths to be self-evident, we hold all truths to be self-evident, even the ones that arent true.  All things are knowable and every opinion on any subject is as good as any other.  The fundamental knowledge of the average American is now so low that it has crashed through the floor of "uninformed", passed "misinformed", on the way down, and now plummeting to "aggressively wrong."

mushroomspore Proficient

mushroomspore   3,044

Posted
Filed: Citizen (apr) Timeline
Posted
27 minutes ago, Fanguy said:

Hello all,

I applied for CRBA for my child and I was denied it because the officer said I did not demonstrate that I was physically present in the United States for the period of 5 years prior to the birth of my child and at least 2 years of which were after I have reached the age of 14 years.

I immigrated to the US in December 2014 and stayed out of the US for less than 5 months, my child was born in March 2020 which with my calculations I have been in the US for more than 5 years which presented my social security contributions for the period of 5 years and my tax transcripts for 5 years.

So my question is why did they refuse my child of her citizenship. Can someone help me with the explanation 

Attached is what they emailed me. 
Thank you

1EA7E8FE-0577-439B-9B0C-E0157128B791.png

I'm admittedly not an expert on this topic but my first question was what else did you submit as evidence of physical presence? Any US citizen can pay US taxes from anywhere in the world. So tax returns alone is not sufficient. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5 It says right here that they want evidence like property ownership/mortgage documents, utility bills, school records and/or anything else that shows in some way that you were physically present inside the USA during that time.

Ashshwee Newbie

Ashshwee   5

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Any other evidence you showed? I gave school transcripts, my passport with my entry and exit stamps, liquor licenses that showed I was there and working and all my driver licenses throughout the years that I renewed, and I showed my previous marriage certificate and divorce papers. When I moved to India I left all my important paperwork that would have showed my presence in the U.S but it all got damaged in a flood so I really had to scrap up what I could for evidence when I did my sons CRBA, luckily it was accepted. 

Sounds like the evidence you provided wasn't proof enough for physical presence in the U.S.

 
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