Physical presence for CRBA (split)

[Summan 7]

If I count the days months then I was physical presence in USA almost 4 yrs but I m not physical present 5 yrs 

[Boiler 45,522]

2 minutes ago, Summan said:

If I count the days months then I was physical presence in USA almost 4 yrs but I m not physical present 5 yrs 

So not eligible to file CRBA.

[milimelo 4,481]

1 minute ago, Summan said:

If I count the days months then I was physical presence in USA almost 4 yrs but I m not physical present 5 yrs 

Then you may not be able to do CRBA and would need the I-130 route (child will become USC upon entering the US). 

[Summan 7]

How to file i 130 if I m living in Uk I think for i 130 I have to go tu usa ??

[Boiler 45,522]

When are you planning to move back to the US?

[Timona 4,207]

OP just got citizenship in 2020. I am new to this CRBA thing, but from the quoted, isn't her child not eligible for CRBA? Is the 5 years as a USC or it can also be as LPR?

 

5 years physical presence in the US, two of which must be after age 14. 

 

Quoted from @SusieQQQ

Edited July 26, 2021 by Timona

[Boiler 45,522]

36 minutes ago, Summan said:

If I count the days months then I was physical presence in USA almost 4 yrs but I m not physical present 5 yrs 

This say otherwise.

[Summan 7]

Yes the rule of naturalization is physical presence 5 yrs in USA but in 5 yrs we should have to physical present in usa 30 months before applying citizenship if I m not wrong but for CRBA they said physical presence should b 5 yrs in USA I think CRBA and naturalization both are different time period 

[Summan 7]

 I don’t know but people saying here  that I have to physical presence in USA 5 yrs otherwise I m not eligible for CRBA 

[arken 4,197]

4 minutes ago, Summan said:

Yes the rule of naturalization is physical presence 5 yrs in USA

Don't get confused, there is no 5 year physical presence requirement for naturalization. 5 year residency requirement is different than 5 year physical presence requirement.

Physical presence mean your body needs to be in the US not just mind, mind can be anywhere.

Edited July 26, 2021 by arken

[SusieQQQ 11,586]

11 minutes ago, Timona said:

OP just got citizenship in 2020. I am new to this CRBA thing, but from the quoted, isn't her child not eligible for CRBA? Is the 5 years as a USC or it can also be as LPR?

 

5 years physical presence in the US, two of which must be after age 14. 

 

Quoted from @SusieQQQ

Any physical presence in the US regardless status 

[Summan 7]

I m really sad I m not eligible for CRBA Bcz of covid 19 I cannot go to USA for deliver my baby . 

[SusieQQQ 11,586]

Continuous residence 5 years for naturalization which is different from physical presence. Physical presence requirement is 30 months. You can naturalize with a physical presence that is too short to pass citizenship on to a child born abroad (in other words too little for CRBA). Different requirements. 

 

4 minutes ago, Summan said:

Yes the rule of naturalization is physical presence 5 yrs in USA but in 5 yrs we should have to physical present in usa 30 months before applying citizenship if I m not wrong but for CRBA they said physical presence should b 5 yrs in USA I think CRBA and naturalization both are different time period 

 

[SusieQQQ 11,586]

43 minutes ago, milimelo said:

Then you may not be able to do CRBA and would need the I-130 route (child will become USC upon entering the US). 

 ^ this 

 

37 minutes ago, Summan said:

How to file i 130 if I m living in Uk I think for i 130 I have to go tu usa ??

You can file online. Child will need to get immigrant visa after i130 approved. Once child enters on immigrant visa as long as with you and you have legal custody, child  will immediately become a citizen. 

[Summan 7]

What is ur opinion guys should I still apply CRBA if I m not eligible or no .