Son in USA but need to file CRBA (merged)

[Lil bear 3,831]

26 minutes ago, SusieQQQ said:

 

I *think* the problem here is arising because he entered on an ESTA. Usually when applying for a child in the US born outside of it, the child has either entered on an immigrant visa or adjusted to green card status and some point, and then naturalized (there is a child of citizen route that requires entry on an immigrant visa but I don’t recall the details). So I think the issue is that you didn’t do CRBA/passport application from abroad, and now they are following the normal rules for a child that did not enter as a USC and is now claiming citizenship. I hope USCIS doesn’t make you apply N600 first, which will cost $1170 and take at least a few months, but it’s more likely you just need to get further up the chain at the passport agency to someone who actually understands your issue.

I agree with your thoughts. CRBA needed to be applied fir overseas before the move or a Cr2 or K2 visa applied for from overseas. I imagine the N600 as I dont see  there is any basis to adjust status here .. 

[millefleur 5,035]

**Two of OP's threads regarding the same problem merged and removed posts mentioning that these threads were essentially duplicates. Please keep all discussion to one thread so that users can understand the full context of the problem. If you start multiple threads relating to the same topic, users cannot properly respond without the full context.**

 

VJ Moderation

[jan22 2,898]

On 4/12/2020 at 10:42 AM, 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.

This is not accurate.  A CRBA can still be issued after a US passport has been issued, as long as the child is under 18. 

[Mark88 183]

5 minutes ago, jan22 said:

This is not accurate.  A CRBA can still be issued after a US passport has been issued, as long as the child is under 18. 

Please name a source that this is possible. 

[jan22 2,898]

5 hours ago, Mark88 said:

Please name a source that this is possible. 

If you look at the requirements for a CRBA application on any Embassy website, you will not see any statement about having to be US passport-less to be eligible apply for the CRBA.

 

If you want a specific source, check out 7 FAM 1440.  There is nothing in the entire section that says having been issued a passport prohibits the issuance of a CRBA.  Probably the most definitive statement is (bold emphasis is mine) 7 FAM 1443.1 Who Is Eligible to Apply:  7 FAM 1443.1(a) A consular officer may issue a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, for any child who is eligible for it upon application made at any time before the child's 18th birthday.

 

And, in fact, 7 FAM 1444.3-1(d) -- which is a very important section for the original poster -- specifically talks about a case such as the one being discussed here, i.e., if no CRBA was applied for, parents and child are in the US, and a US passport may have already been issued.  It outlines the procedure for filing a CRBA application via a US-notarized application being sent to the Embassy in the country of birth.

[makhan27 2]

On 4/22/2020 at 8:37 PM, jan22 said:

If you look at the requirements for a CRBA application on any Embassy website, you will not see any statement about having to be US passport-less to be eligible apply for the CRBA.

 

If you want a specific source, check out 7 FAM 1440.  There is nothing in the entire section that says having been issued a passport prohibits the issuance of a CRBA.  Probably the most definitive statement is (bold emphasis is mine) 7 FAM 1443.1 Who Is Eligible to Apply:  7 FAM 1443.1(a) A consular officer may issue a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, for any child who is eligible for it upon application made at any time before the child's 18th birthday.

 

And, in fact, 7 FAM 1444.3-1(d) -- which is a very important section for the original poster -- specifically talks about a case such as the one being discussed here, i.e., if no CRBA was applied for, parents and child are in the US, and a US passport may have already been issued.  It outlines the procedure for filing a CRBA application via a US-notarized application being sent to the Embassy in the country of birth.

thanks alot mate for the information - i will certainly look into it