2ND OR 3RD CLASS U.S. CITIZEN FOR AN UNCOOPERATIVE AMERICAN CONSULATE ?

[COSMOPOLITAN 1 0]

Establishing an American citizen father's Residency (no less than 5 years) for a Child Born abroad. for an Uncooperative U.S Consulate (American citizenship for a baby girl via descent).

___________________________________________________________________________________________________________________________________________________________________

Hello all,

From october 1995 until April 2002, I lived and worked legally and permanently in Florida, at first as green card holder, September 2000 I proudly became a U.S. Citizen.

-May 2011, My wife, my baby girl (both born abroad) and I went to our U.S. Consulate to report the birth of our daughter in order to obtain a SSN and a U.S passport for her as our U.S. constitution and the USCIS law allows.

That is what the law says : 7 FAM 1131.2 Prerequisites for transmitting U.S. Citizenship since 1790: (1) At least one natural parent must have been a U.S. Citizen when the child was born.

TL CON-68 ;04-01998 : The U.S. Citizen parent must have been physically present in the United States for no less than 5 years when the child was born.

2 local agents with the presence of our U.S consul verified:

My American passport, my U.S. voter identification, my citizenship certificate and several official documents proving that I have permanently lived in the U.S for almost 7 years. Once having carefully checked my documents, they made me complete all forms and asked me to pay the appropriate fees.

After that our disobliging U.S. consulate kept calling me and sending emails :

"We need more evidences that you have lived permanently in the U.S. no less than 5 years". (Form DS-5507: Affidavit of physical presence)

Here is a non-exhaustive list of the official documents I sent them :

------------Primary proofs of evidences:

1 - Transcript of schedule of work from SSA; 1996,97,98,99 and 2000

2 - Copies of Tax return that I still had in my possession, 1999 and 2000

3 - Copy of my Florida Identification issued in 1996

4 - Copy of my first work permit issued by the INS office in F.L. In 1996

5 - Copy of my F.L .driver license issued in 1997.

6- My U.S. Passport showing that I was in the U.S. Until April 2002

-----------Secondary proofs of evidences

1 - A contract and schedule of payments under my name from a nationwide landlord company stating that I have lived in the same Apt during 4 years and 8 months

2 - Several banking and financial documents from 1996 to 2002.

3 – Many utilities paid bills, electricity, natural gas, phone...

-January 2012 our uncooperative consulate sent an email: They informed me that my file was closed. Perhaps after having deliberately “messed” my case They suggested me that I could renew my request while I will have to pay all the fees again after provide them with more evidences !

I wonder if our consulate has not chosen to continue to quibble by requiring more and more unnecessary evidences regarding my physical presence on the U.S. ?

Possibly to make me believe that I did not fit in their regulations... ?

I already have sent them plenty official documents stating that I have lived and worked permanently in the USA for almost 7 years.

Would that be possible for anyone to tell me what to do or to give me some legal advice on how to make this U.S. consulate to obey the American Constitution and to comply with the current regulations of the USCIS by granting American citizenship to my baby.

Thank you

[Penguin_ie 5,994]

You could order tax transcripts for all the years you lives there, showing you files as a resident.

Contact former employers and ask for a statement of work

I wonder, since you mention giving them two years of tax transcripts... did you file taxes with the IRS since you moved abroad? You were supposed to. Maybe they are giving you a hard time because you did not?

[COSMOPOLITAN 1 0]

Establishing an American citizen father's Residency (no less than 5 years) for a Child Born abroad. for an Uncooperative U.S Consulate (American citizenship for a baby girl via descent).

___________________________________________________________________________________________________________________________________________________________________

Hello all,

From October 1995 until April 2002, I lived and worked legally and permanently in Florida, at first as green card holder, September 2000 I proudly became a U.S. Citizen.

-May 2011, My wife, my baby girl (both born abroad) and I went to our U.S. Consulate to report the birth of our daughter in order to obtain a SSN and a U.S passport for her as our U.S. constitution and the USCIS law allows.

That is what the law says : 7 FAM 1131.2 Prerequisites for transmitting U.S. Citizenship since 1790: (1) At least one natural parent must have been a U.S. Citizen when the child was born.

TL CON-68 ;04-01998 : The U.S. Citizen parent must have been physically present in the United States for no less than 5 years when the child was born.

2 local agents with the presence of our U.S consul verified:

My American passport, my U.S. voter identification card, my citizenship certificate and several official documents proving that I have permanently lived in the U.S for almost 7 years. Once having carefully checked my documents, they made me complete all forms and asked me to pay the appropriate fees.

After that our disobliging U.S. consulate kept calling me and sending emails :

"We need more evidences that you have lived permanently in the U.S. no less than 5 years". (Form DS-5507: Affidavit of physical presence)

Here is a non-exhaustive list of the official documents I sent them :

------------Primary proofs of evidences:

1 - Transcript of schedule of work from SSA; 1996,97,98,99 and 2000

2 - Copies of Tax return that I still had in my possession, 1999 and 2000

3 - Copy of my Florida Identification issued in 1996

4 - Copy of my first work permit issued by the INS office in F.L. In 1996

5 - Copy of my F.L .driver license issued 1996 and duplicated in 1997.

6 - My U.S. Passport showing that I was in the U.S. Until April 2002

-----------Secondary proofs of evidences

1 - A contract and schedule of payments under my name from a nationwide landlord company stating that I have lived in the same Apt during 4 years and 8 months

2 - Several banking and financial documents from 1996 to 2002.

3 – Many utilities paid bills, electricity, natural gas, phone...

-January 2012 our uncooperative consulate sent an email: They informed me that my file was closed. Perhaps after having deliberately “messed” my case They suggested me that I could renew my request while I will have to pay all the fees again after providing them with more evidences !

I wonder if our consulate has not chosen to continue to quibble by requiring more and more unnecessary evidences regarding my physical presence on the U.S. ?

Possibly to make me believe that I did not fit in their regulations... ?

I already have sent them plenty official documents stating that I have lived and worked permanently in the USA for almost 7 years.

Would that be possible for anyone to tell me what to do or to give me some legal advice on how to make this U.S. consulate to obey the American Constitution and to comply with the current regulations of the USCIS by granting American citizenship to my baby ?

Thank you

[Gary and Alla 3,694]

Establishing an American citizen father's Residency (no less than 5 years) for a Child Born abroad. for an Uncooperative U.S Consulate (American citizenship for a baby girl via descent).

___________________________________________________________________________________________________________________________________________________________________

Hello all,

From october 1995 until April 2002, I lived and worked legally and permanently in Florida, at first as green card holder, September 2000 I proudly became a U.S. Citizen.

-May 2011, My wife, my baby girl (both born abroad) and I went to our U.S. Consulate to report the birth of our daughter in order to obtain a SSN and a U.S passport for her as our U.S. constitution and the USCIS law allows.

That is what the law says : 7 FAM 1131.2 Prerequisites for transmitting U.S. Citizenship since 1790: (1) At least one natural parent must have been a U.S. Citizen when the child was born.

TL CON-68 ;04-01998 : The U.S. Citizen parent must have been physically present in the United States for no less than 5 years when the child was born.

2 local agents with the presence of our U.S consul verified:

My American passport, my U.S. voter identification, my citizenship certificate and several official documents proving that I have permanently lived in the U.S for almost 7 years. Once having carefully checked my documents, they made me complete all forms and asked me to pay the appropriate fees.

After that our disobliging U.S. consulate kept calling me and sending emails :

"We need more evidences that you have lived permanently in the U.S. no less than 5 years". (Form DS-5507: Affidavit of physical presence)

Here is a non-exhaustive list of the official documents I sent them :

------------Primary proofs of evidences:

1 - Transcript of schedule of work from SSA; 1996,97,98,99 and 2000

2 - Copies of Tax return that I still had in my possession, 1999 and 2000

3 - Copy of my Florida Identification issued in 1996

4 - Copy of my first work permit issued by the INS office in F.L. In 1996

5 - Copy of my F.L .driver license issued in 1997.

6- My U.S. Passport showing that I was in the U.S. Until April 2002

-----------Secondary proofs of evidences

1 - A contract and schedule of payments under my name from a nationwide landlord company stating that I have lived in the same Apt during 4 years and 8 months

2 - Several banking and financial documents from 1996 to 2002.

3 – Many utilities paid bills, electricity, natural gas, phone...

-January 2012 our uncooperative consulate sent an email: They informed me that my file was closed. Perhaps after having deliberately “messed” my case They suggested me that I could renew my request while I will have to pay all the fees again after provide them with more evidences !

I wonder if our consulate has not chosen to continue to quibble by requiring more and more unnecessary evidences regarding my physical presence on the U.S. ?

Possibly to make me believe that I did not fit in their regulations... ?

I already have sent them plenty official documents stating that I have lived and worked permanently in the USA for almost 7 years.

Would that be possible for anyone to tell me what to do or to give me some legal advice on how to make this U.S. consulate to obey the American Constitution and to comply with the current regulations of the USCIS by granting American citizenship to my baby.

Thank you

IF the consulate is in violation of the law or constitution you can get action from the Inspector General that handles the consulate in the country that is involved. I do not know which one that is offhand, but you can find out. Google "inspector General, Department of State" abd goi from there.

A congressperson could also address it but I am not sure which congress person, from which state, would be the appropriate one. Do you still maintain residency in any state?

[Ryan H 3,812]

Moved from US Citizenship General Discussion to CRBA forum.

Would that be possible for anyone to tell me what to do or to give me some legal advice on how to make this U.S. consulate to obey the American Constitution and to comply with the current regulations of the USCIS by granting American citizenship to my baby.

Thank you

1) You will need to see an attorney if you want legal advice. Legal advice can only be given by qualified attorneys.

2) USCIS has nothing to do with anything here, consular operations are a State Department function.

3) The US Constitution also has nothing to do with anything here as the 14th Amendment only addresses births within the US. Transmission of citizenship to a child born abroad is addressed by statute.

4) Based on your post, it appears you have been out of the US since 2002. The physical presence requirement is as follows, physically present in the US or a US possession for 5 years prior to the child's birth. If I am reading the law correctly, you would have had to be physically present in the US or a US possession from 2006 onward in order to qualify for a CRBA for your daughter that was born abroad in 2011.

Edited May 4, 2012 by Ryan H

[Pinoylover 6]

Call a lawyer weather it be a immigration lawyer or just a legal lawyer and see what they say, I think it's BS you pay all the fee's and still getting the shaft! and on top of it all from what i seen you produced way more evidence than needed. Sorry you going threw this and good luck!

[Julie y Pat 67]

Seems you lived in the US for only two years after becoming US citizen, not five.

[COSMOPOLITAN 1 0]

You could order tax transcripts for all the years you lives there, showing you files as a resident.

Contact former employers and ask for a statement of work

I wonder, since you mention giving them two years of tax transcripts... did you file taxes with the IRS since you moved abroad? You were supposed to. Maybe they are giving you a hard time because you did not?

_____________________________________________________________________________________________________________________________________________________________________

I returned to live where I grew up (France) for family reasons, there is no double taxation treaty between France and the USA since 1964.

Tax Copies are not available after a period of time prior to 10 years...

Thank you

[Darnell 8,478]

i think, in your case, it is time in usa as a uscitizen. LPR status/time not count, prior.

can refactor your calendar, tell us what's what?

is this right?

April 2002, I lived and worked legally and permanently in Florida, at first as green card holder, September 2000

so you were a uscitizen living in usa from sept 2000 to april 2002. You not in usa after april 2002? sorry, not enough duration as a uscitizen.

if you have other timeticks, please elucidate?

Edited May 4, 2012 by Darnell

[COSMOPOLITAN 1 0]

quote name='Julie y Pat' timestamp='1336126935' post='5351825']

Seems you lived in the US for only two years after becoming US citizen, not five.

_____________________________________________________________________________________________________________________________________________________________________

The regulation does not say I had to live 5 years after being a U.S. citizen but rather to have lived consecutively at least 5 years regardless of status. And I was a legal allien since day 1...

Thanks

[COSMOPOLITAN 1 0]

Moved from US Citizenship General Discussion to CRBA forum.

1) You will need to see an attorney if you want legal advice. Legal advice can only be given by qualified attorneys.

2) USCIS has nothing to do with anything here, consular operations are a State Department function.

3) The US Constitution also has nothing to do with anything here as the 14th Amendment only addresses births within the US. Transmission of citizenship to a child born abroad is addressed by statute.

4) Based on your post, it appears you have been out of the US since 2002. The physical presence requirement is as follows, physically present in the US or a US possession for 5 years prior to the child's birth. If I am reading the law correctly, you would have had to be physically present in the US or a US possession from 2006 onward in order to qualify for a CRBA for your daughter that was born abroad in 2011.

___________________________________________________________________________________________________________________________________________________________________Why the consulate would have agreed to take my application and would have made me pay all the fees then?

Until now they are asking me for more documents of proof and to repay all the adequate fees again !!!

[COSMOPOLITAN 1 0]

WHY would the consulate have agreed to take my application and would have made me pay all the fees then?

[Darnell 8,478]

yes, they'll take all again,

and you'll have the same result.

they smile when they take your monies.

sorry.

anyway - they assume at day 0 that you qualify.

further on, once they actually read your application (that's a piece of what you paid fees for, that reading) and determine you're not eligible,

then alas, you still get a result.

not the result you want, but a result regardless.

since you are an american citizen, with a valid usa passport, you should go in during american citizen hour, or american citizen services time block, and actually talk with a Consul. He/She will have more information for you, and it's free for this talking.

Edited May 4, 2012 by Darnell

[Penguin_ie 5,994]

You are supposed to file taxes even if you live and work abroad. You do not have to PAY taxes due to the no-double-taxation rules, but you do have to file.

[rika60607 215]

Actually,

you still have to file US taxes (even if you owe no tax). If you had some US income (~more than $15K since you have two dependents) and your total income is high (>$100K) then you still may have to pay taxes on the US portion of your income.

Regarding your disagreement with the US consulate - it is my understanding that you have to have lived 5 years in the US after you became a US citizen. That is may be what they are trying to get out of you - but you do not have that proof. Talking to them to understand what they want and to argue your interpretation of the law if you disagree with them - sound like a good idea.

_____________________________________________________________________________________________________________________________________________________________________

I returned to live where I grew up (France) for family reasons, there is no double taxation treaty between France and the USA since 1964.

Tax Copies are not available after a period of time prior to 10 years...

Thank you