What paperwork to file for my child? (merged)

[Chancy 6,241]

*** Removed related thread in a different sub-forum.  Please post your related questions in this thread to keep the discussion in one place. ***

 

11 minutes ago, Acslate said:

My daughter was born in Rome, and peak of covid. We couldn't make an appointment at the U.S Ebasssy. Long story short, we got her an Italian passport. My wife and her came to U.S. Then USCIS issued my daughter a green card. Well, USCIS sent my daughter's green card to the wrong address. An officer called and told us we have to apply for the green card all over again. I'm an U.S citizen. How can we go about getting her social security? Can we still apply for her U.S passport since my daughter resides in U.S and have no consulate report born abroad. We really need a solution here, thank you for any suggestions of what we can do and our options. 

 

[Acslate 4]

I'm a U.S Citizen and my daughter was born in Rome, Italy. It's been a headache dealing with immigration since she was born. I tried filing for CBRA, but during covid-19 nothing was open and I couldn't make an appointment. Now my daughter has an Italian passport, we just wanted to be together and get my daughter's citizenship later once she was in U.S. Fast forward, my daughter is now 2 and we learned that the USCIS put down the wrong address, and now my daughter's green card was sent to the wrong address. Now we're still going through the mess, and couldn't get her SSN for the longest time. Then we were informed of her green card stamp, and were able to get the SSN. Now we're trying to get her U.S Passport now apparently we need her green card which we cannot get because USCIS sent it the wrong address. Now it seems they may deny it because on paper is that we "received it" but we did not. We tried getting our congressman involved, but they're useless. 

 

Anyways, can I still file the CRBA after all this and just get her citizenship. All I'm trying to do is get her citizenship, and be done with this immigration nightmare. It's causing so much stress that never seems to end. I do not want file for N-600, costing me $1k for a mistake that wasn't even our fault but the USCIS. I just need to resolve this issue and be done with it. 

Edited March 4, 2023 by Acslate

[Mike E 11,739]

1. Why did you apply for a gc for her?

 

2. Since she is in the USA just apply for her U.S. passport. If she qualifies for a CRBA she qualifies for a U.S. passport.  Gc not needed and the gc is void.  

Edited March 4, 2023 by Mike E

[Acslate 4]

 

Quote

2 minutes ago, Mike E said:

1. Why did you apply for a gc fir her?

 

2. Since she is in the USA just apply for her U.S. passport. 

 

We didn't file the GC for her it was like automatic when she entered the US. Since my daughter had an Italian Passport and in order for my daughter to enter the US, the USCIS at the Border and control issued an green card, basically my daughter is an attachment where ever my wife goes. Then they sent the green card to the wrong address. 

 

We're trying to file for her US passport today, but reading if she needs a GC for it? 

[Mike E 11,739]

11 minutes ago, Acslate said:

 

 . 

 

We're trying to file for her US passport today, but reading if she needs a GC for it? 

No.  
 

You need:

 

* her birth certificate 

* your marriage certificate 

* your U.S. birth certificate 

* your USA state photo ID or your U.S. passport 

* evidence you had 5 years of physical presence in the USA before she was born, 2 of which were after you reached age 14

 

Apply for her passport card too. 
 

Get an appointment at the post office.  Both parents must attend with your daughter. 

After you get her passport, file N-600 to get a certificate of citizenship.  
 

CBP should not have  processed her as an alien.  

Edited March 4, 2023 by Mike E

[Mike E 11,739]

On 8/16/2022 at 12:48 PM, GiovannaSan said:

My husband is a US citizen and can give proof of 5 years residence in the US.

Physical presence, not residence 

[Acslate 4]

56 minutes ago, Mike E said:

No.  
 

You need:

 

* her birth certificate 

* your marriage certificate 

* your U.S. birth certificate 

* your USA state photo ID or your U.S. passport 

* evidence you had 5 years of physical presence in the USA before she was born, 2 of which were after you reached age 14

 

Apply for her passport card too. 
 

Get an appointment at the post office.  Both parents must attend with your daughter. 

After you get her passport, file N-600 to get a certificate of citizenship.  
 

CBP should not have  processed her as an alien.  

That's the thing I'm a veteran but I have to pay $1k for N-600 for my kid? There were issues and couldn't consulate report. Why can't I just file for the CBRA? I don't want to pay for $1k for issues because of Covid and couldn't file for CBRA.

[Boiler 45,434]

27 minutes ago, Acslate said:

That's the thing I'm a veteran but I have to pay $1k for N-600 for my kid? There were issues and couldn't consulate report. Why can't I just file for the CBRA? I don't want to pay for $1k for issues because of Covid and couldn't file for CBRA.

Would it not cost more than that to go to Italy 

 

There is something very wrong here a USC is not eligible, can not get a GC.

 

I assume your wife entered on an immigrant visa?

[Mike E 11,739]

24 minutes ago, Acslate said:

That's the thing I'm a veteran but I have to pay $1k for N-600 for my kid?

yes. 

24 minutes ago, Acslate said:

There were issues and couldn't consulate report. Why can't I just file for the CBRA?

because you aren’t in a country today with a U.S. consulate or embassy.  The U.S. doesn’t have an embassy inside the U.S. 

24 minutes ago, Acslate said:

I don't want to pay for $1k for issues because of Covid and couldn't file for CBRA.

Yes it the fee is ridiculously high.  
 

However without the certificate of citizenship she will encounter difficulties. For example you  mentioned you are a veteran. If she wants to follow your roosters without the certificate of citizenship her opportunities in the armed forces will be limited. 
 

Some people will tell you that your child doesn’t need a certificate of citizenship. I disagree:

 

• A citizen has no right to a U.S. passport.  Certain acts such as habitually losing a passport, being behind on child support payments, or being placed on certain no fly lists can cause one to be denied a passport. Whereas a qualified citizen has a right to a certificate of citizenship. I don’t   think a family court judge will have any pity on someone who can’t get a passport, and thus can’t get a job to pay child support and thus can’t get a passport. 

 

• investigators performing security clearances for certain roles in service of the federal government, military, or federal contractor are known to reject a U.S. passport as evidence of U.S. citizenship 

 

• Some citizens of certain countries are denied certain roles.  A certificate of citizenship identifies the previous nationality. Hence a passport is not accepted when applying for those roles 

 

• At some state DMVs, if the SAVE system doesn’t verify U.S. citizenship using the passport card, some DMVs will override SAVE if a certificate of citizenship is presented 

 

• When registering online to vote, some states require those with a US birth certificate or CRBA to provide the number from a  certificate of citizenship or naturalization. 

 

• When petitioning a relative for LPR status (aka filing I-130) USCIS and sometimes the department of state won’t accept a U.S. passport as evidence of U.S. citizenship. It is rare but it does happen. 
• There are now reports of U.S. citizens who lost their passport having difficulty obtaining a new passport without a certificate of citizenship.  

[Ontarkie 14,207]

~~Related threads merged. Please do not start new threads for related questions~~

[Acslate 4]

1 hour ago, Mike E said:

yes. 

because you aren’t in a country today with a U.S. consulate or embassy.  The U.S. doesn’t have an embassy inside the U.S. 

Yes it the fee is ridiculously high.  
 

However without the certificate of citizenship she will encounter difficulties. For example you  mentioned you are a veteran. If she wants to follow your roosters without the certificate of citizenship her opportunities in the armed forces will be limited. 
 

Some people will tell you that your child doesn’t need a certificate of citizenship. I disagree:

 

• A citizen has no right to a U.S. passport.  Certain acts such as habitually losing a passport, being behind on child support payments, or being placed on certain no fly lists can cause one to be denied a passport. Whereas a qualified citizen has a right to a certificate of citizenship. I don’t   think a family court judge will have any pity on someone who can’t get a passport, and thus can’t get a job to pay child support and thus can’t get a passport. 

 

• investigators performing security clearances for certain roles in service of the federal government, military, or federal contractor are known to reject a U.S. passport as evidence of U.S. citizenship 

 

• Some citizens of certain countries are denied certain roles.  A certificate of citizenship identifies the previous nationality. Hence a passport is not accepted when applying for those roles 

 

• At some state DMVs, if the SAVE system doesn’t verify U.S. citizenship using the passport card, some DMVs will override SAVE if a certificate of citizenship is presented 

 

• When registering online to vote, some states require those with a US birth certificate or CRBA to provide the number from a  certificate of citizenship or naturalization. 

 

• When petitioning a relative for LPR status (aka filing I-130) USCIS and sometimes the department of state won’t accept a U.S. passport as evidence of U.S. citizenship. It is rare but it does happen. 
• There are now reports of U.S. citizens who lost their passport having difficulty obtaining a new passport without a certificate of citizenship.  

If I can get my daughter's passport then I should able to file for CBRA and make an appointment abroad. 

[Acslate 4]

1 hour ago, Boiler said:

Would it not cost more than that to go to Italy 

 

There is something very wrong here a USC is not eligible, can not get a GC.

 

I assume your wife entered on an immigrant visa?

Yes, she came here on an immigrant visa. We are planning to go to Italy for family/personal reasons. If I submit the CBRA and sent it to Roma. Can I do appointment abroad? 

[Mike E 11,739]

12 minutes ago, Acslate said:

If I can get my daughter's passport then I should able to file for CBRA and make an appointment abroad. 

Doesn’t traveling to Italy cost more than an N-600?

[Acslate 4]

Just now, Mike E said:

Doesn’t traveling to Italy cost more than an N-600?

Techically Yes & No, and could be faster. Plus we're planning to go to Italy anyways. Orginally wasnt for the CBRA but if we can we will file for it and make an appointment there. My daughter is still young enough not to be charged for a ticket. 

[Boiler 45,434]

I would be inclined to get the Passport sorted out first, CRBA may take some time BTW US Citizens are supposed to be entering the US on their US Passports. I can only think that you got through as the PoE for whatever reason thought the child was Italian