Son in USA but need to file CRBA (merged)

[makhan27 2]

I moved with my wife (US citizen) to the US after my green card visa got approved. We traveled with my 6 month who was born in the UK but thought we could apply for a US passport once we reached to the US. However I forgot to file a CRBA whilst we was in the UK and now need to file it from the US. What is the best way to do this and apply for his US passport ( he holds a UK passport).

[Mark88 183]

Just go and apply for a passport in person. Best is to do this at a passport agency in a major city. 

[Crazy Cat 39,261]

43 minutes ago, Mark88 said:

Just go and apply for a passport in person. Best is to do this at a passport agency in a major city. 

Won't they need a source document proving that the child is a US citizen before a passport can be issued?

[makhan27 2]

I tried but they asked for a permanent resident card or a i-551 stamp but when i called USCIS they asked to get a CRBA done. Confused.

[Mark88 183]

How was the child able to enter the US? Under which visa and category?

[Mark88 183]

 2 hours ago, makhan27 said:

I tried but they asked for a permanent resident card or a i-551 stamp but when i called USCIS they asked to get a CRBA done. Confused.

 

Not necessary, they are giving you false information. Where did you apply? A passport office, or a DOS passport agency? Remember the person working at a post office, won't be too familiar with immigration law. Look further below:

 

5 hours ago, Lucky Cat said:

 

Won't they need a source document proving that the child is a US citizen before a passport can be issued

Edited April 11, 2020 by Mark88
Missing info

[Mark88 183]

 

5 hours ago, Lucky Cat said:

Won't they need a source document proving that the child is a US citizen before a passport can be issued?

 

 

No. Read the DS-11 application info:

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or evidence described below:

- If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable.
- If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

- If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your U.S. citizen parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the applicant was born on or after 02/28/1983.)

ADDITIONAL EVIDENCE: You must establish your citizenship to the satisfaction of the acceptance agent and Passport Services. We may ask you to provide additional evidence to establish your claim to U.S. citizenship. Visit travel.state.gov for details.

 

As you can see, you can apply for a US passport within the US without the CRBA. The evidence you need to provide to the passport office/agency is the same as with a CRBA. You will have a major disadvantage when not having a CRBA though: No FS-240 will be issued. This will suffice in most instances as a US birth certificate for a lot of things your child will need in life. The CRBA would have been the better long term option. 

[makhan27 2]

3 hours ago, Mark88 said:

 

Not necessary, they are giving you false information. Where did you apply? A passport office, or a DOS passport agency? Remember the person working at a post office, won't be too familiar with immigration law. Look further below:

 

Correct I applied at the post office. 

[makhan27 2]

3 hours ago, Mark88 said:

 

 

 

No. Read the DS-11 application info:

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or evidence described below:

- If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable.
- If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

- If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your U.S. citizen parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the applicant was born on or after 02/28/1983.)

ADDITIONAL EVIDENCE: You must establish your citizenship to the satisfaction of the acceptance agent and Passport Services. We may ask you to provide additional evidence to establish your claim to U.S. citizenship. Visit travel.state.gov for details.

 

As you can see, you can apply for a US passport within the US without the CRBA. The evidence you need to provide to the passport office/agency is the same as with a CRBA. You will have a major disadvantage when not having a CRBA though: No FS-240 will be issued. This will suffice in most instances as a US birth certificate for a lot of things your child will need in life. The CRBA would have been the better long term option. 

Thanks man - that really clears things up so I’m guessing the CRBA is good to have but not necessary - should I try a passport office instead?

[Mark88 183]

2 minutes ago, makhan27 said:

Thanks man - that really clears things up so I’m guessing the CRBA is good to have but not necessary - should I try a passport office instead?

How was the child able to enter the US? 

[makhan27 2]

Just now, Mark88 said:

How was the child able to enter the US? 

Well this is the weird bit - he was travelling on an esta in hope of getting a passport since we were moving and my entry visa was going to expire before we could wait for a passport but with the travel ban we found out at border contr his esta got refused (they never notified me) but immigration saw our circumstances and told me to file a ds400 form I think or something like that I’ve forgot 

[Mark88 183]

Does your wife fulfill the physical presence requiremts? 

[makhan27 2]

1 minute ago, Mark88 said:

Does your wife fulfill the physical presence requiremts? 

She’s a US citizen and has held a passport for more than 10 years 

[Mark88 183]

Just now, makhan27 said:

She’s a US citizen and has held a passport for more than 10 years 

Any US citizen can hold a US passport, that was not my question: Does she fulfill the physical presence requiremts inable to transfer her US citizenship to the child? If not, you might be facing a serious issue. 

[makhan27 2]

13 minutes ago, Mark88 said:

Any US citizen can hold a US passport, that was not my question: Does she fulfill the physical presence requiremts inable to transfer her US citizenship to the child? If not, you might be facing a serious issue. 

 

What do you mean as in psychical presence requirements - I believe she does.