CRBA question

[mrrobj 20]

She is NOT an automatic USC just because one parent is a USC. The parent has to meet th residency requirements AND the USC parent has to go to the Embassy with the mother and child to file a CRBA.

I guess this is why the OP has a pending I-130 for her daughter, since the father is not with them at the moment.

Only the USC father can apply for the CRBA, not the foreign mother. You will have to get the father to come to Philippines and go to the Embassy together with you and the child.

If your flights next week, and you don't have an CRBA or an approved I-130 with what kind of visa is your child traveling to the US? If you don't have a valid visa the airline will deny you (and your child) boarding. If you have a green card (I-551), but can't do the CRBA, your child might qualify for an automatic green card and derivative citizenship. Read here: http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

Yes, the father has to apply with the mother, however, the father does not have to go the Embassy together with the mother and child. The father can provide a notarized consent for the mother/child to apply without him being present.

To prove residency, he could provide school transcripts or a Social Security History Statement. I used both when I applied for it thru the Bangkok US Embassy.

[Simpleme 0]

Thank you for all your replies.. Me and my daughter was petition f2a category before,when husband take his us citizen exam and got naturalization certificate he upgraded our f2a to immediate relative me(ir1) and my child wil be (ir2) bec he was derivate he need to send form 130.. And until now my daugther'e paper still on process we need to wait for the approval of form 130..it takes so long..

But me i already finished all req. and visa onhand.. Then i read about CRBA im just confuseif can we apply CRBA for my daughter so no need for to wait long time.

[apple21 953]

Thank you for all your replies.. Me and my daughter was petition f2a category before,when husband take his us citizen exam and got naturalization certificate he upgraded our f2a to immediate relative me(ir1) and my child wil be (ir2) bec he was derivate he need to send form 130.. And until now my daugther'e paper still on process we need to wait for the approval of form 130..it takes so long..

But me i already finished all req. and visa onhand.. Then i read about CRBA im just confuseif can we apply CRBA for my daughter so no need for to wait long time.

When did your husband enter the US? This is the date stamped as "Resident since" on his green card.

Date of marriage?

Daughter's date of birth?

When did your husband Naturalize?

These are important in determining if your child is eligible for US citizenship.

Source: http://manila.usembassy.gov/service/citizenship/derivative-claim-to-citizenship.html

[magicaunica 0]

yes her daughter is automatic usc if she is a daughter of a us..all she need is to report her birth by getting crba.

crba is one requirement to get your daughter a us passport..just did that with my two kids.

they have us passport now.

[Mark88 183]

She is from philippines and your case is in MUBAI.. i don't know what is in your country why is like that..

It doesn't matter which country you are from, the law is everywhere the same. Even the Manila Embassy requires this:

http://manila.usembassy.gov/service/citizenship/derivative-claim-to-citizenship.html (see "Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986")

As do the US Embassy in other countries

http://austria.usembassy.gov/birth.html

http://southafrica.usembassy.gov/birth_abroad.html

http://islamabad.usembassy.gov/birth_abroad.html

You only require us citizenship by birth, if you were born in the USA. That's why there is a CRBA to determine if you have a claim to USC. Only if the CRBA is approved, you aquired USC by birth.

If notairzed statemens are enough, then that is fine and makes the process easier.

Edited July 20, 2013 by Mark88

[newacct 688]

Thank you for all your replies.. Me and my daughter was petition f2a category before,when husband take his us citizen exam and got naturalization certificate he upgraded our f2a to immediate relative me(ir1) and my child wil be (ir2) bec he was derivate he need to send form 130.. And until now my daugther'e paper still on process we need to wait for the approval of form 130..it takes so long..

But me i already finished all req. and visa onhand.. Then i read about CRBA im just confuseif can we apply CRBA for my daughter so no need for to wait long time.

From what you said here it sounds like your husband was not yet a U.S. citizen when your daughter was born? If so, then you daughter could not possibly have U.S. citizenship at birth, so forget about CRBA and all that. If so, you should continue with the green card process for you and your daughter. Your I-130 petition can be upgraded now that your husband is a citizen. After the process is complete and your daughter enters the U.S. as a permanent resident, and lives with your husband, she will then automatically get U.S. citizenship at that time.

You only require us citizenship by birth, if you were born in the USA. That's why there is a CRBA to determine if you have a claim to USC. Only if the CRBA is approved, you aquired USC by birth.

This is wrong. There is no such thing as acquiring citizenship from the CRBA. The CRBA does not change your citizenship. If your CRBA is approved, it means you were already a U.S. citizen from birth. Not having a CRBA does not mean you are not a U.S. citizen.

[Mark88 183]

This is wrong. There is no such thing as acquiring citizenship from the CRBA. The CRBA does not change your citizenship. If your CRBA is approved, it means you were already a U.S. citizen from birth. Not having a CRBA does not mean you are not a U.S. citizen.

I agree, but I didn't write in my last post, that you aquire USC through a CRBA, I wrote "determine". The CRBA "determines" your claim to USC.

If so, you should continue with the green card process for you and your daughter. Your I-130 petition can be upgraded now that your husband is a citizen. After the process is complete and your daughter enters the U.S. as a permanent resident, and lives with your husband, she will then automatically get U.S. citizenship at that time.

The daughter might qualify for an automatic green card through the mother. She would require a baby transportation letter to travel to the US and receive an I-551 at the POE. See this post "--Greencard for my daughter through my wife--" http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

If this case works for the OP, she/the father doesn't have to wait untill the I-130 is processed.

[Penguin_ie 5,986]

*** Moving from Bringing Family to CRBA forum ***

[newacct 688]

I agree, but I didn't write in my last post, that you aquire USC through a CRBA, I wrote "determine". The CRBA "determines" your claim to USC.

You said "You only require us citizenship by birth, if you were born in the USA." Which is not true. People born abroad whose parents satisfy the conditions to transmit citizenship at birth are also automatically U.S. citizens at birth, just like people born in the U.S.

You also said "Only if the CRBA is approved, you aquired USC by birth.", which seems to imply that before your CRBA is approved, or if you never get a CRBA, that you are not a U.S. citizen by birth, which is also not true.

The daughter might qualify for an automatic green card through the mother. She would require a baby transportation letter to travel to the US and receive an I-551 at the POE. See this post "--Greencard for my daughter through my wife--" http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

If this case works for the OP, she/the father doesn't have to wait untill the I-130 is processed.

That would only apply to a case where the daughter was born after the mom already got an immigrant visa, which does not sound like the case here.

[Mark88 183]

You said "You only require us citizenship by birth, if you were born in the USA." Which is not true. People born abroad whose parents satisfy the conditions to transmit citizenship at birth are also automatically U.S. citizens at birth, just like people born in the U.S.

You also said "Only if the CRBA is approved, you aquired USC by birth.", which seems to imply that before your CRBA is approved, or if you never get a CRBA, that you are not a U.S. citizen by birth, which is also not true.

Sounds interesting, do you have sources which will provide this information? If they don't have a CRBA when they are i.e. in their 40's how do they claim USC?

[newacct 688]

Sounds interesting, do you have sources which will provide this information? If they don't have a CRBA when they are i.e. in their 40's how do they claim USC?

They can simply apply for a U.S. passport at any time, with the evidence of citizenship (including parent(s)'s residency, etc.).

http://travel.state.gov/passport/get/secondary_evidence/secondary_evidence_4315.html

Foreign Birth Documents + Parent(s) Citizenship Evidence

If you claim citizenship through birth abroad to U.S. citizen parent(s), but cannot submit a Consular Report of Birth Abroad or Certification of Birth, you must submit all of the following:

Your foreign birth certificate (translated to English)

Evidence of citizenship of your U.S. citizen parent

Your parents' marriage certificate

A statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth

Questions from people in such situations are regularly asked on VJ. They may also apply for a Certificate of Citizenship if they want something that does not expire (although a Certificate of Citizenship is not required to apply for a passport or anything else).