Removing conditions from a child's Green card?

[Patty1975 0]

I am a US Citizen. I lived in London most my life and relocated back to US in 2012, 6 weeks after giving birth to my 3rd child. I have not registered the birth with the Consulate office as of yet. Upon entry to the US, the Officer asked for my baby's evidence of US Citizenship. I had my US passport, my birth certificate and my 2 sons who I previously passed Citizenship to but he he still gave my 6 week old son a Conditional Resident classification (CR-7), indicating in his notes that my SON, was not my biological son but my Step Son. This classification was brought to my attention when I applied for his US passport.

I have made 3 different visits to the USCIS in Atlanta. During the first two visits, they advised me it was an incorrrect coding and promised to remove it and notify me by mail, which they did not. On my 3rd visit, I was advised to file an I751 to remove the condition. I have spoken to the Agents over the phone on two ocassions advising them that the 751 form states it is only for those who entered into marriage. On my last conversation yesterday, the agent agreed with me and advised me to seek legal advice. Someone please help. I do not want to have to travel to London to sort this out. The UK Consulate sent me the following today:

To clarify, it is not possible to apply for a Consular Report of Birth Abroad (CRBA) in the United States.  Based on the information furnished, you should contact the National Passport Information  Center (NPIC) for information about how to apply for a U.S. passport for your child in the United States.  Your child's claim to citizenship will be adjudicated as part of the passport application process.  Information about how to contact the NPIC is provided on the Department of State's website athttps://travel.state.gov/content/passports/en/passports.html.

 

Problem is I tried this before and they would not issue him a passport without the report of birth abroad. 

Edited July 25, 2017 by Patty1975
Title incorrect

[Boiler 47,668]

I  have seen a similar situation before but do not think they ever came back. The problem arose because US Citizens are required to enter the US with a US passport and it seems your child did not.

[Patty1975 0]

5 minutes ago, Boiler said:

I  have seen a similar situation before but do not think they ever came back. The problem arose because US Citizens are required to enter the US with a US passport and it seems your child did not.

No, he didn't. He came on a UK Passport...Thanks for your comment. 

[Ryan H 3,915]

Moved from IR-1/CR-1 Process & Procedures to US Citizenship Discussion.