Son in USA but need to file CRBA (merged)

[Mark88 183]

 

Situation B:  My child was born in wedlock, out of a U.S. citizen mother and a non-U.S. citizen parent: The U.S. citizen parent must present evidence she or he has been physically present in the United States for a minimum of five years total, two at least must have been after age 14.

https://de.usembassy.gov/u-s-citizen-services/citizenship-services/crba-checklist/proof-of-physical-presence/

[makhan27 2]

17 minutes ago, Mark88 said:

 

Situation B:  My child was born in wedlock, out of a U.S. citizen mother and a non-U.S. citizen parent: The U.S. citizen parent must present evidence she or he has been physically present in the United States for a minimum of five years total, two at least must have been after age 14.

https://de.usembassy.gov/u-s-citizen-services/citizenship-services/crba-checklist/proof-of-physical-presence/

Yeah that’s the one we qualify for. That’s the whole reason they let my son in the country as they determined she was present in the US for more than 5 years with two more after the age of 15. So I’m unsure why the post office refused us and asked for a i551 stamp or a resident card 

[Liam2021 551]

your child was paroled to admit under ESTA because current situation ( Covid-19). Your child don't have any proof to proved he/she is USC. Look like CRBA is needed in this situation. Seems like you not doing your homework, but it was too late right now. The best choice is wait out for 2-3 months then fly the child back to UK and file for CRBA.

Edited April 12, 2020 by H&T

[makhan27 2]

9 minutes ago, H&T said:

your child was paroled to admit under ESTA because current situation ( Covid-19). Your child don't have any proof to proved he/she is USC. Look like CRBA is needed in this situation. Seems like you not doing your homework, but it was too late right now. The best choice is wait out for 2-3 months then fly the child back to UK and file for CRBA.

Yeah I messed up there and should of been more organized but we’ve moved to the US now so isn’t there any option to do anything in the US? We are due back in th UK in December but only for a vacation 

[Mark88 183]

7 hours ago, H&T said:

your child was paroled to admit under ESTA because current situation ( Covid-19). Your child don't have any proof to proved he/she is USC. Look like CRBA is needed in this situation. Seems like you not doing your homework, but it was too late right now. The best choice is wait out for 2-3 months then fly the child back to UK and file for CRBA.

While I agree with the CRBA being the best choice, if the OP fulfils the physical presence requirements, he can just do a DS-11 passport application at a DOS passport agency. 

 

7 hours ago, makhan27 said:

Yeah I messed up there and should of been more organized but we’ve moved to the US now so isn’t there any option to do anything in the US? We are due back in th UK in December but only for a vacation 

Like I mentioned a couple times above, you can go to a DOS passport agency and just apply with the DS-11. No I-551, no 181 or CRBA needed. The passport will be issued directly by DOS and you have consular officers working at the agency familiar with immigration law. If you don't know what a DOS passport agency is, see here:

https://travel.state.gov/content/travel/en/passports/get-fast/passport-agencies.html

 

You have time until the child is 18 y/o to do a CRBA. If you are traveling back in December that might be an option and you would get the FS-240 that is important. The process takes less than an hour and the CRBA and (emergency) passport can be issued within an hour if needed. 

 

It has some risks though: The consulate requires you the proof of physical presence of the 5 years. If you should not be able to provide this during your vacation, no CRBA and passport will be issued. So in theory your child was illegally in the US on ESTA with an overstay and you might spend longer in Europe than you wanted to and won't be able to travel back. 

 

To sum it up: Better option for whole life will be CRBA (with FS-240 document), safer will be getting the passport now. 

[OrihimeandIchigo 216]

I'm actually anxious about the child's health care and benefits. The child can't be added on to insurance coverage because of no SSN or US or CRBA certificate. This was not thought out at all. If the child needs vaccinations or to be registered for daycare or school you CANT without that states vaccinations records and SSN. If your needing to go to the hospital your paying out of pocket and your kid is overstaying the ETSA. 

Edited April 12, 2020 by OrihimeandIchigo

[NikLR 13,220]

57 minutes ago, OrihimeandIchigo said:

I'm actually anxious about the child's health care and benefits. The child can't be added on to insurance coverage because of no SSN or US or CRBA certificate. This was not thought out at all. If the child needs vaccinations or to be registered for daycare or school you CANT without that states vaccinations records and SSN. If your needing to go to the hospital your paying out of pocket and your kid is overstaying the ETSA. 

The child is a USC. They can apply for a passport. The child does not have an ESTA, it was denied. 

[JFH 12,189]

They were lucky. They unknowingly broke the law (a USC is legally required to enter the US with their US passport, regardless of age, regardless of any other citizenship they hold). 
 

We can only assume that because the person in question was a small child that the officer didn’t take it further. A useful example for any readers who have given birth to dual citizen children overseas and wish to travel to the US (either to live or to visit) - US passport must be obtained for the child. 

[Mark88 183]

52 minutes ago, JFH said:

They were lucky. They unknowingly broke the law (a USC is legally required to enter the US with their US passport, regardless of age, regardless of any other citizenship they hold). 
 

We can only assume that because the person in question was a small child that the officer didn’t take it further. A useful example for any readers who have given birth to dual citizen children overseas and wish to travel to the US (either to live or to visit) - US passport must be obtained for the child. 

 I agree, they were lucky in so many ways:

a) No valid ESTA -> should have been denied boarding since the airline would have a transportation liability (airline pays for the flight back, since they didn't check the documents properly, and would be fined additionally).

b) Assuming the child is a US citizen, entering on a foreign passport (fine)

c) Entering on a non-immigrant visa (since intent to stay but not even ESTA). The OP was lucky the immigration officer let this fly. Depending on his/her mood, he could at least made a night or two in immigration detention center uncomfortable for you  until you see a judge. Although unlikely a judge would deport a child with its unclear status and the current situation, spending a night or two in one of these centers with an infant would be very very uncomfortable. 

 

@makhan27 you have no idea how lucky this went for you considering all above. 

[makhan27 2]

18 minutes ago, Mark88 said:

 I agree, they were lucky in so many ways:

a) No valid ESTA -> should have been denied boarding since the airline would have a transportation liability (airline pays for the flight back, since they didn't check the documents properly, and would be fined additionally).

b) Assuming the child is a US citizen, entering on a foreign passport (fine)

c) Entering on a non-immigrant visa (since intent to stay but not even ESTA). The OP was lucky the immigration officer let this fly. Depending on his/her mood, he could at least made a night or two in immigration detention center uncomfortable for you  until you see a judge. Although unlikely a judge would deport a child with its unclear status and the current situation, spending a night or two in one of these centers with an infant would be very very uncomfortable. 

 

@makhan27 you have no idea how lucky this went for you considering all above. 

I agree I am beyond lucky to have been let into america with all things considering - when they looked into my sons passport they did see that he initally did get approved for an ESTA but it was then rescinded due to the travel ban - however I did explain that the travel ban was exempt for children of the US citizens. The immigration officer was beyond nice as she understood our situation and asked for proof of 5 years citizenship and 2 years after 14 from my wife. 

 

Looking back I must admit I should of filed the CRBA when I was in the UK and I admit that has put us in a real difficult situation for my son. I have contacted the embassy in london UK and see what they advise and I am thinking of going to the passport office in DC ( I live in NC) and trying there. Will file for a CRBA once I am back in the UK in December and hope to obtain that before I fly back. 

 

The whole situation is a mess and hope to clear it up soon. 

2 hours ago, NikLR said:

The child is a USC. They can apply for a passport. The child does not have an ESTA, it was denied. 

well it was approved but the travel ban cancalled all ESTAs

[Mark88 183]

2 minutes ago, makhan27 said:

I have contacted the embassy in london UK and see what they advise and I am thinking of going to the passport office in DC ( I live in NC) and trying there. Will file for a CRBA once I am back in the UK in December and hope to obtain that before I fly back. 

 

You only can do one of those things: You can apply for a US passport at a DOS passport agency and receive it OR you can apply for a CRBA at a foreign embassy. Once the passport has been issued in the US, citizenship has become established and a CRBA can't be issued anymore.

[makhan27 2]

18 minutes ago, Mark88 said:

 

You only can do one of those things: You can apply for a US passport at a DOS passport agency and receive it OR you can apply for a CRBA at a foreign embassy. Once the passport has been issued in the US, citizenship has become established and a CRBA can't be issued anymore.

I will try to call the passport agency tomorrow and see if its worth coming up to DC and applying for a passport. 

 

[makhan27 2]

@Mark88 thank you so much for your help and time. stay safe!

[NikLR 13,220]

31 minutes ago, makhan27 said:

 

well it was approved but the travel ban cancalled all ESTAs

Regardless the person I replied to had no sense of what was really going on to be worried about your child's health. However getting this fixed should be your priority but you know this.  Best wishes. 

[Mark88 183]

3 minutes ago, makhan27 said:

@Mark88 thank you so much for your help and time. stay safe!

You're welcome! Take care and once you have what worked for you, please updated this thread how it turned out. This will help others that might be in the same situation as you. 

 

A thread I wrote might also be useful for you: