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

[jhm3 15]

Getting back to the transmission of citizenship question, suggestions here that only time after becoming a US citizen counts towards the physical presence requirement appear to be incorrect. From the State Department regulations (7 FAM 1133.3-3):

"What Constitutes U.S. Physical Presence

"...

"(2) Naturalized citizens may count any time they spent in the United

States or its outlying possessions both before and after being

naturalized, regardless of their status. Even citizens who, prior to

lawful entry and naturalization, had spent time in the United States

illegally can include that time."

[Boiler 43,545]

The double taxation treaty may limit what you owe to Uncle Same, no more.

For taxation advice see an Accountant familiar with both countries.

[Anh map 2,098]

As citizens we often feel that government agencies should acquiesce to our demands because we're citizens and taxpayers. The people adjudicating your CRBA application have to be certain that the criteria are met. It's that person's perception that matters, not the applicant's.

It's not a personal thing. It's a career thing. They like their jobs and want to keep them. They have to make decisions that they can defend when scrutinized by their supervisors/superiors.

I suggest you dial back the arrogance several notches and work harder to supply additional substantive evidence of your physical presence in the US. That will get you to the desired result.

[Iyawo Ijebu 157]

As citizens we often feel that government agencies should acquiesce to our demands because we're citizens and taxpayers. The people adjudicating your CRBA application have to be certain that the criteria are met. It's that person's perception that matters, not the applicant's.

It's not a personal thing. It's a career thing. They like their jobs and want to keep them. They have to make decisions that they can defend when scrutinized by their supervisors/superiors.

I suggest you dial back the arrogance several notches and work harder to supply additional substantive evidence of your physical presence in the US. That will get you to the desired result.

Well played Sir, well played, I elevated my command of the Queens English by one word today.

OP is best advised to heed these suggestions as they hold the fate of your family in hand. I personally look forward to a non acromonial contact if the need should occur with USCIS/Embassy staff.

[bigdog 376]

Speak with an attorney.

[TedM 9]

As citizens we often feel that government agencies should acquiesce to our demands because we're citizens and taxpayers. The people adjudicating your CRBA application have to be certain that the criteria are met. It's that person's perception that matters, not the applicant's.

It's not a personal thing. It's a career thing. They like their jobs and want to keep them. They have to make decisions that they can defend when scrutinized by their supervisors/superiors.

I suggest you dial back the arrogance several notches and work harder to supply additional substantive evidence of your physical presence in the US. That will get you to the desired result.

Well stated. OP, you come looking for advice, then argue with those trying to provide it. Your facts are incorrect regarding the statutes involved and you simply need to speak with an attorney to have him/her explain the situation to you.

It does not sound like the consulate is being uncooperative, but rather did what they're supposed to -- review your case and render a decision. It is not the decision you wanted, but it is certainly not uncooperative. You pay a fee to have them review the case; the fee does not guarantee approval.

[HowardandFlorence 0]

This stuff is worth a read:

7 FAM 1130 ACQUISITION OF U.S. CITIZENSHIP BY BIRTH ABROAD TO U.S. CITIZEN PARENT

http://www.state.gov/documents/organization/86757.pdf

I am not a lawyer but it looks like the OP is OK with the residency. If you can convince the CO of your physical presence in the USA and your blood relationship to the child the CRBA should be issued.

[COSMOPOLITAN 1 0]

As citizens we often feel that government agencies should acquiesce to our demands because we're citizens and taxpayers. The people adjudicating your CRBA application have to be certain that the criteria are met. It's that person's perception that matters, not the applicant's.

It's not a personal thing. It's a career thing. They like their jobs and want to keep them. They have to make decisions that they can defend when scrutinized by their supervisors/superiors.

I suggest you dial back the arrogance several notches and work harder to supply additional substantive evidence of your physical presence in the US. That will get you to the desired result.

_____________________________________________________________________________________________________________________________________________________________________

As citizen I still think that this reputeted "reluctant" consulate should have been rational and after a reel analysis of my simple case to discern that if I became a U.S. citizen, I had to fulfill all conditons (I had to live in the U.S. soil for a minimum time defined by law...)

And f course after reviewing all the documents I have provided./b]

I sent a fax to complain to the Ambassador, he even disdained to answer, the U.S. Ambassy services avoided my phone calls exept one: alleging that "The U.S. consulate is an independant entity that operates by itself".

Thank you for your outspokenness

[COSMOPOLITAN 1 0]

Well stated. OP, you come looking for advice, then argue with those trying to provide it. Your facts are incorrect regarding the statutes involved and you simply need to speak with an attorney to have him/her explain the situation to you.

It does not sound like the consulate is being uncooperative, but rather did what they're supposed to -- review your case and render a decision. It is not the decision you wanted, but it is certainly not uncooperative. You pay a fee to have them review the case; the fee does not guarantee approval.

_____________________________________________________________________________________________________________________________________________________________________

With all my respect, why do I have to subject myself to a lawyer's fees for something that seems to be clear and lawful.

Please check the list of all official evidences I provived them with.

Thank you

[COSMOPOLITAN 1 0]

The double taxation treaty may limit what you owe to Uncle Same, no more.

For taxation advice see an Accountant familiar with both countries.

_____________________________________________________________________________________________________________________________________________________________________

Hello,

This is not an income tax problems or issue...

Thank you

[COSMOPOLITAN 1 0]

Well stated. OP, you come looking for advice, then argue with those trying to provide it. Your facts are incorrect regarding the statutes involved and you simply need to speak with an attorney to have him/her explain the situation to you.

It does not sound like the consulate is being uncooperative, but rather did what they're supposed to -- review your case and render a decision. It is not the decision you wanted, but it is certainly not uncooperative. You pay a fee to have them review the case; the fee does not guarantee approval.

_____________________________________________________________________________________________________________________________________________________________________

Arbitrary happens, It's a fact of life.

I should get over it...

I have to go ahead and make my request to progress

[Darnell 8,478]

there's a lot to be said for showing up at the US Embassy, because of an appointment for USCitizen Services.

[COSMOPOLITAN 1 0]

______________________________________________________________________________________________________________________________________________________________________

Well played Sir, well played, I elevated my command of the Queens English by one word today.

OP is best advised to heed these suggestions as they hold the fate of your family in hand. I personally look forward to a non acromonial contact if the need should occur with USCIS/Embassy staff.

_____________________________________________________________________________________________________________________________________________________________________

Thank you Sir for your advice, but this is the USA, a democratic country where everything is based on the law. Therefore nobody from any official admnistration holds my family's destiny or fate...

99 % of the administrative employees are people full of good will and operate in the interests of people by professionnaly applying the current regulations

[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.

__________________________________________________________________________________________________________________________________________________________________

The current regulations on acquisition of U.S. nationality (via descent) were made in accordance with the American Constitution and consultation and aprobation of INS (alias uscis) and the Department of state of foreign Affairs...

Thank you for your relevant comments __________________________________________________________________________________________________________________________________________________

[Darnell 8,478]

would you like a 2nd opinion?

get into the US Embassy via an appointment with American Citizen Services, and get one !