CRBA denied at Toronto consulate while i-130 pending

[ali2023 3]

9 hours ago, Jorgedig said:

@Mike Ewow........you deserve an award for this one!

Indeed He is amazing

[ali2023 3]

20 hours ago, Mike E said:

So this means you were a green card holder for at least 5 years, then naturalized.

 

What was the “resident since” date on your green card?

Sir please tell me one thing

my all visits into the USA can accumulate to 5 years or only green card based five years.

cuz I did not document my (2009) one year stay on work permit, and then some trips to USA as canadian visitor.

do that all accumulate to equal to five years.

[ali2023 3]

20 hours ago, Mike E said:

Do you hold of these:

 

 

Or one of these:

 

whats the difference between citizenship and nationality ?

 

[Mike E 11,741]

1 hour ago, ali2023 said:

whats the difference between citizenship and nationality ?

 

Citizens and nationals (basically, American Samoans) can get U.S. passports but nationals are not citizens.

 

But I think you meant to ask:

 

“What’s the difference between  certificates citizenship and naturalization?”

 

Glossing over details  …

 

Naturalization is a process an adult goes through to become a citizenship. Once complete they get a certificate of naturalization. Usually they are LPRs first. Form is N-400

 

A certificate of citizenship is issued to people who became citizens as children:

 

* they were born outside the U.S. and became citizens at birth because their parent(s) were U.S. citizens and had enough physical presence to convey citizenship to their child. Usually these children get a crba. N-600 is filed when they do not get  a crba.

 

*  they were born outside the U.S. (or born inside the US to foreign diplomats). Before they reached age 18, two things happened:  they became LPRs and a parent was a citizen (either at birth or later) . N-600.

 

* they were born outside the U.S. and before they reached age 18, three things happened: a  parent was U.S citizen, the parent or parent’s US citizen parent had enough physical presence, and they took oath of citizenship in the U.S. N-600K.

 

 

 

 

 

[Mike E 11,741]

2 hours ago, ali2023 said:

Sir please tell me one thing

my all visits into the USA can accumulate to 5 years or only green card based five years.

cuz I did not document my (2009) one year stay on work permit, and then some trips to USA as canadian visitor.

do that all accumulate to equal to five years.

All physical presence prior to the birth of your child count whether as a U.S. citizen, LPR, non immigrant visitor, non immigrant worker, illegal alien, U.S. national, citizen of compact of free association states, etc

 

 

Edited March 30, 2023 by Mike E

[Chancy 6,243]

On 3/29/2023 at 8:08 PM, ali2023 said:

I did not document my (2009) one year stay on work permit, and then some trips to USA as canadian visitor.

 

Apply for your child's CRBA again.  For that next attempt, make sure to document all your US physical presence before your child's birth, including time spent in the US on work permit and as a visitor.

 

[ali2023 3]

On 3/29/2023 at 12:04 AM, Mike E said:

The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).

(The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).)

 

Hello Sir,

                 Hope you are doing ok.

so there are two ways to make child citizen.

one is apply for CRBA

2nd the way u told me to apply I-130, get the visa and as soon as the child is entered into the US, the child will become USA citizen please guide what we will need to do after entering the US to apply for the passport and citizenship certificate, also would that child be considered as born US citizen ?

 

Many Thanks and have a nice day

[Mike E 11,741]

1 hour ago, ali2023 said:

(The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).)

 

Hello Sir,

                 Hope you are doing ok.

so there are two ways to make child citizen.

one is apply for CRBA

2nd the way u told me to apply I-130, get the visa and as soon as the child is entered into the US, the child will become USA citizen please guide what we will need to do after entering the US to apply for the passport and citizenship certificate, also would that child be considered as born US citizen ?

 

Many Thanks and have a nice day

To get your child  a U.S. passport you need to have evidence that the child: 

•  is your child  
• lives with you 
• is in your legal custody 
• has LPR status 
• you are a U.S. citizen 
• the above all happened before the child  reached age 18

IMO there these are  facts:

• the longer a parent waits to secure a U.S. citizenship document for the child, the harder it becomes to prove the child is a U.S. citizen. It actually becomes exponentially harder because evidence, like radioactivity of isotopes has a half life.  It’s actually the law of physics: order tends to disorder aka the Law of Entropy 

 

• you get exactly one chance to file N-600.  Often when parents decide to try N-600 first, they get an RFE for evidence. The parent doesn’t know how to respond to RFE, and the case is denied. Forever.   Whereas if the passport acceptance agent is half way competent the agent won’t accept the application with incomplete evidence. 

 

• whereas you can  try as many times as you want  to get a passport 

 

• passports get lost and replacing a passport without a certificate of citizenship is hard. Replacing a passport when you have a passport card is easy. 

 

Thus the parent should first try to get the child a passport and passport card. The child should get a passport card because 

 

• it seems losing the naturalization certificate is inevitable. 
• the CBP Ready Lanes at ports of entry on the land border don’t work with passports but do work with passport cards 

 

Make sure to make a complete copy of everything sent to the passport agency. While most evidence (except a green card) will come back, sometimes the post office or the passport agency loses it.  

 

Once the child has a passport and passport card:

 

• Using the same evidence used to get the passport, file N-600 online to get the child a certificate of citizenship, plus the passport, passport card, and any note the passport agency sent back regarding the passport agency confiscating the green card 

 

• Parent and child should go to SSA to get a new SS card. If the child has has an SSN, a passport card is fine for this. If the child has never had an SSN, then a certificate of citizenship might be required. 

 

In lieu of a green card, hopefully the parent retained the original passport used to enter the U.S. on an immigration visa or the original I-485 approval document. 

 

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.  

[Ronald P 18]

On 3/29/2023 at 12:57 AM, Mike E said:

Your N-400 thus shows at least 4.25 years of physical presence. This is a record that USCIS accepted as gospel.
 

Since filing N-400, you just needed 0.75years of physical presence. It is hard for me believe that between filing N-400 and when your child was born, you did not have at least 0.75 years of physical presence.

 

I would get a FOiA of your N-400 and take one more run at this while filing I-130 for your child.
 

 

So then if I’m understanding correctly. A certificate of Naturalization counts towards 5 years presence minus any dates you included being out of the country in the application? Or do you need the certificate of Naturalization plus the application? 

[Mike E 11,741]

52 minutes ago, Ronald P said:

So then if I’m understanding correctly. A certificate of Naturalization counts towards 5 years presence minus any dates you included being out of the country in the application? Or do you need the certificate of Naturalization plus the application? 

I meant the entire N-400 record in the below: 

52 minutes ago, Ronald P said:

I would get a FOiA of your N-400 and take one more run at this while filing I-130 for your child

 

[ali2023 3]

On 3/29/2023 at 12:04 AM, Mike E said:

The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).

Sir can you please forward me the official documentation of this process.

[Mike E 11,741]

5 minutes ago, ali2023 said:

Sir can you please forward me the official documentation of this process.

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen
 

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens.

[ali2023 3]

On 4/16/2023 at 7:11 PM, Mike E said:

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen
 

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens.

Hello Mr.Mike , How are you ?

as you advised I applied I-130 for my new born. The I-130 approved and case is at NVC.now I am filling out application and 1-864 affidavit of support. the nvc already paid 120$ for 1-864 affidavit of support. I don't know why they paid it already.

now the question is I don't make enough income. DO I need co-sponsor for affidavit of support as you said child will become USA citizen upon stamping the visa at port of entry.

all I want to know do I need to provide NVC enough income. I do have co-sponsor.

as discussed before my wife is also waiting for Montreal interview and I requested them to please expedite my baby I-130,which they did.

 

many Thanks for all your help.

 

[Mike E 11,741]

12 minutes ago, ali2023 said:

now I am filling out application and 1-864 affidavit of support

You need to fill out I-864W for your child. Not I-864.

 

12 minutes ago, ali2023 said:

now the question is I don't make enough income. DO I need co-sponsor

Not for your child. Your child will be a U.S. citizen after entering the U.S. on the IR-2 visa.

[ali34 0]

On 9/7/2023 at 12:45 AM, Mike E said:

You need to fill out I-864W for your child. Not I-864.

 

Not for your child. Your child will be a U.S. citizen after entering the U.S. on the IR-2 visa.

A quick question,

after getting citizenship 

Would this child considered as US born child (i.e. can run for President)

a US citizen by birth ?

 

many Thanks