My F2A case for my wife and kids stuck since 2017

[famikhan38 0]

3 minutes ago, retheem said:

Actually, you can proceed on with the F2A. Btw, it is a very common thing for people to continue as F2A and kids as derivatives. It is not a crime

I mean how this become fraud,is there any written guielines or laws posted anywhere so that I have exact answer.

[Boiler 45,486]

It is called misrepresentation.

[famikhan38 0]

1 minute ago, Boiler said:

It is called misrepresentation.

Ahhh, after waiting 5 years going thru long Refusal/AP, twice medical/interview, I am at this point where I might need to repeat everything. My family interview was Feb 08 2022 and I was LPR that time and then I had my interveiw/oath on Feb 16 2022, not sure if this can give me some edge as my family might be very close getting the visa.

[Mike E 11,739]

2 hours ago, famikhan38 said:

Yes luckily I become naturalize in Feb 2022.

If you have 5 years of presence in USA before that child was born, 2 of which were after age 14, then that child is a USA citizen.  

[famikhan38 0]

1 minute ago, Mike E said:

If you have 5 years of presence in USA before that child was born, 2 of which were after age 14, then that child is a USA citizen.  

I became LPR in Feb 2014, my twins born in 2018 and third one in 2021 and I became USC in Feb 2022, so in case of my first two kids I don't have 5 years but for third I have. 

[famikhan38 0]

23 minutes ago, retheem said:

Actually, you can proceed on with the F2A. Btw, it is a very common thing for people to continue as F2A and kids as derivatives. It is not a crime

I wish I can do that.

[aaron2020 11,651]

26 minutes ago, famikhan38 said:

Ahhh, after waiting 5 years going thru long Refusal/AP, twice medical/interview, I am at this point where I might need to repeat everything. My family interview was Feb 08 2022 and I was LPR that time and then I had my interveiw/oath on Feb 16 2022, not sure if this can give me some edge as my family might be very close getting the visa.

Becoming a US citizen doesn't give you an edge.  You unintentionally created a big problem for yourself.

[aaron2020 11,651]

40 minutes ago, famikhan38 said:

I mean how this become fraud,is there any written guielines or laws posted anywhere so that I have exact answer.

The exact answer - https://fam.state.gov/fam/09FAM/09FAM050202.html

 

 

  Filing Petitions for Derivative Beneficiaries:  Careful attention should be paid to cases where a derivative beneficiary's immigration status is likely to change.

(1)  For instance, when a child turns 21, they are no longer a "child" under INA 101(b)(1).  The Child Status Protection Act (CSPA) may protect the derivative from “aging out” and losing the ability to derive status from the principal beneficiary of the petition.  See 9 FAM 502.1-1(D) for guidance on CSPA calculations.

(2)  Likewise, if the petitioner intends to become a U.S. citizen before their spouse and children have immigrated to the United States, the petitioner should file separate IV petitions for any children who are currently deriving their immigration status through the spouse.  That way, when the petitioner is naturalized, the petition according second preference status (F21) to the spouse, as well as those petitions according second preference status (F22) to any children, will be converted automatically to accord the beneficiaries IR1 (spouse) or IR2 (children).  If, however, the petitioner does not file separate petitions for their children before naturalization, the children will lose their derivative status upon the petitioner's naturalization, since the spouse's status will automatically convert to IR1 and there is no derivative status for immediate relatives.  The petitioner will then have to file new petitions on their behalf to accord them IR2 status.

Edited February 25, 2022 by aaron2020

[aaron2020 11,651]

24 minutes ago, famikhan38 said:

I became LPR in Feb 2014, my twins born in 2018 and third one in 2021 and I became USC in Feb 2022, so in case of my first two kids I don't have 5 years but for third I have. 

At the time that your 3rd child was born, you were not a US citizen.  Therefore, the child was not born a US citizen.  You can't file a CRBA.

[aaron2020 11,651]

I am trying to help you.

Ask the US Embassy if you can file I-130 directly.  

 

Up to you what you want to do.

 

Best of luck.

[famikhan38 0]

10 minutes ago, aaron2020 said:

At the time that your 3rd child was born, you were not a US citizen.  Therefore, the child was not born a US citizen.  You can't file a CRBA.

Thanks a lot for your help, and Yes I know but CBRA has different conditions and it's just not strictly tied to mine citizenship, as just I mentioned before that my friend file CBRA for her daughter abroad after his naturalization and she was able to get the US passport.

10 minutes ago, aaron2020 said:

I am trying to help you.

Ask the US Embassy if you can file I-130 directly.  

 

Up to you what you want to do.

 

Best of luck.

Thanks

[Boiler 45,486]

https://m.facebook.com/pakistan.usembassy/posts/have-a-question-about-how-to-register-the-birth-of-a-child-of-a-us-citizen-abroa/10154024405198621/

 

Read and digest

[aaron2020 11,651]

2 minutes ago, famikhan38 said:

Thanks a lot for your help, and Yes I know but CBRA has different conditions and it's just not strictly tied to mine citizenship, as just I mentioned before that my friend file CBRA for her daughter abroad after his naturalization and she was able to get the US passport.

Thanks

Your friend committed fraud and got away with it.

 

Up to you to waste time and money filing a CRBA that will be denied.  Plus, how does this solve the problems for the twins?

[famikhan38 0]

2 minutes ago, aaron2020 said:

Your friend committed fraud and got away with it.

 

Up to you to waste time and money filing a CRBA that will be denied.  Plus, how does this solve the problems for the twins?

Not really sure what he did, regarding twins I mentioned it because of 5 year rule but looks like it doesn't apply here.

[famikhan38 0]

Just now, famikhan38 said:

Not really sure what he did, regarding twins I mentioned it because of 5 year rule but looks like it doesn't apply here.

How my friend can commit a fraud in this situation I am not sure because everything is documented regarding his daughter birth, anyway I need to talk to embassy, so for kids I130, would it be another whole year process, in case they don't entertain us at the embassy?