How to bring my son back with me? CRBA denied. Please advice

[ohdilly 0]

Greetings!

I am a USC by birth and my husband is a permanent resident. We have been in school in the Philippines for the past 3 1/2 years and we are down to our last semester. I had my baby May 2013.

I was advised to file for CRBA and so we did last July 2013. It was denied because we could not get sufficient evidence for me (USC) to have accumulated the 5 year physical presence requirement in America. I am only 25 years old and my past W-2 earnings were low since I didn't really need to work much when I was back in California with my husband so they wouldn't count it. My passport should have been sufficient to indicate I had 5 years physical presence but since I carry a US passport, LAX (Los Angeles Int'l Airport) did not stamp them anymore upon entering back several years ago. The Manila US embassy even asked me to file additional paperwork to help my case. They instructed me to get a copy of my arrival/departure records from the Philippine Immigration Office (I've only traveled from USA-Philippines, multiple times though) so I got the records and mailed it only to find out later on they it was still denied. They said they couldn't trust those records...(yet they were the ones who told me to go there and get it) so it was denied again.

Anyway, I am now stuck and I don't how I'm going to bring my baby back with me to Cali. I read about several cases where they just brought there child with them since it was the first time back with the green card holder parent but my husband has already returned once without our baby (he was only 1 month old at the time of his return to California).

Could somebody please point me toward the correct direction. I've called the embassy but they cannot give me any defnite answers for my case. I'm hoping you guys can shed some light on this.

p.s. I may have posted this on the wrong board, sorry!

-Alex

[Harpa Timsah 13,258]

Don't you have any school records to show presence?

Otherwise get your child a visa which starts by filing I-130. Might be able to file through the embassy and go fast. Good luck.

[ohdilly 0]

Don't you have any school records to show presence?

Otherwise get your child a visa which starts by filing I-130. Might be able to file through the embassy and go fast. Good luck.

Thank you for replying so quickly.

I did show my transcripts. I was moving alot during my Highschool years. 1 year in California, 1 year in Manila and so on. Before that I was living in the Philippines for a good 10+ years. It was still deemed insufficient.

I will look into filing the I-130. This would indicate my son to be a permanent resident, correct? I remember my husband filed this same exact form several years ago.

At this point my only concern is bring my son back home with me regardless of his would-be status.

[Harpa Timsah 13,258]

Thank you for replying so quickly.

I did show my transcripts. I was moving alot during my Highschool years. 1 year in California, 1 year in Manila and so on. Before that I was living in the Philippines for a good 10+ years. It was still deemed insufficient.

I will look into filing the I-130. This would indicate my son to be a permanent resident, correct? I remember my husband filed this same exact form several years ago.

At this point my only concern is bring my son back home with me regardless of his would-be status.

It should be rather quick and easy to get your son the proper visa, so I would focus on that, instead of getting him to the US illegally "regardless of status."

Your son will get an immigrant visa, and once he enters the US, he will become a citizen of the US. There is a special law about this for children of USCs. But he needs the correct immigrant visa to get this privilege.

[Mark88 183]

I will look into filing the I-130. This would indicate my son to be a permanent resident, correct?

This is correct. If approved, your son will receive a green card.

I remember my husband filed this same exact form several years ago.

If you have been outside the US for almost 3 1/2 years, your husband might have lost his green card status and you will have to reaply for him, too.

At this point my only concern is bring my son back home with me regardless of his would-be status.

Don't take this lightly. If you enter on some other way, your child might just be an illegal immigrant.

It should be rather quick and easy to get your son the proper visa...

Don't count on it beeing quick, it could take anywhere from 3 months to over a year.

There is a special law about this for children of USCs. But he needs the correct immigrant visa to get this privilege.

It's the Child Citizenship Act of 2000 that makes minor children of USC's automatic US citizens upon entering the US (together).

Could somebody please point me toward the correct direction.

Your situation is the same one that happed to us with the CRBA beeing denied. You can find our story and how we solved the problem 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/

Maybe something helps.

[apple21 953]

You can look into Direct Consular Filing. You will have to file i-130 for your baby.

You also mentioned that your LPR husband is also in the Philippines for 3 1/2 years already? He may have lost his LPR status for being outside the US for that period of time, unless he has a valid re-entry permit.

Edited December 3, 2013 by apple21