Birth of children abroad (CBRA) help please

[Mike E 11,722]

21 minutes ago, Fanguy said:

Sorry I don’t know the types I meant Visitors visa 

B-1/B-2 visa then. 

Yes that physical presence counts. Are we talking a number closer to 1 day, 10 days, or 100 days?

[Fanguy 10]

Then it’s more than one day coz I was twice for two weeks. I asked the officer and she said physical presence as a visitor doesn’t count or she doesn’t know please any ideas

[Family 3,463]

38 minutes ago, Fanguy said:

Then it’s more than one day coz I was twice for two weeks. I asked the officer and she said physical presence as a visitor doesn’t count or she doesn’t know please any ideas

Perhaps @Mike E can help with any citations or links to address how you can claim “ physical presence” days that were not part of the period your “ resided” in the US. Especially since you already asked if you were allowed to make such claim ( directly to the Consular Officer ) during last denial…

 

I have no resources and defer 

[Mike E 11,722]

1 hour ago, Family said:

Perhaps @Mike E can help with any citations or links to address how you can claim “ physical presence” days that were not part of the period your “ resided” in the US. Especially since you already asked if you were allowed to make such claim ( directly to the Consular Officer ) during last denial…

 

I have no resources and defer 

I’ve found nothing explicit in INA or State / USCIS policy manuals that says all 5 years of physical presence of a parent have to be as a citizen or LPR. 
 

Congress didn’t explicitly say either way.  That embassies entertain CRBAs from parents whose physical presence is mix of time as an LPR and time as a US citizen suggests to me that time as a non immigrant status counts (as would time as an alien with unauthorized presence and merely authorized presence).  
 

I did find a reference from a lawyer’s website who said that for N-600K, physical presence as a non citizen counts.  

[Family 3,463]

21 minutes ago, Mike E said:

I’ve found nothing explicit in INA or State / USCIS policy manuals that says all 5 years of physical presence of a parent have to be as a citizen or LPR. 
 

Congress didn’t explicitly say either way.  That embassies entertain CRBAs from parents whose physical presence is mix of time as an LPR and time as a US citizen suggests to me that time as a non immigrant status counts (as would time as an alien with unauthorized presence and merely authorized presence).  
 

I did find a reference from a lawyer’s website who said that for N-600K, physical presence as a non citizen counts.  

And the Affidavit itself is titled Physical Presence OR Residence , plus it allows distinctions between claiming physical presence periods ( visit ) and declaring “ residence” periods….on top of the fact that birth on Xx year you need to prove residence and yy year , you need to prove presence. 
 

But given that OP was told by Consular Officer that she does not “ think visits  count”, VJ sleuths can continue to contribute and help find cite or a clearer argument he can submit this round …
 

As usual, I hope @jan22 sees post.

 

But, OP can u ask Moderators to merge your posts…cause it’s confusing to retrieve all the calculations and other helpful members responses between what I think are 3 threads

 

[Mike E 11,722]

3 hours ago, Family said:

And the Affidavit itself is titled Physical Presence OR Residence , plus it allows distinctions between claiming physical presence periods ( visit ) and declaring “ residence” periods….on top of the fact that birth on Xx year you need to prove residence and yy year , you need to prove presence.

https://pt.usembassy.gov/wp-content/uploads/sites/185/DS5507.pdf

 

seems compelling 

3 hours ago, Family said:

 

 

But given that OP was told by Consular Officer that she does not “ think visits  count”, VJ sleuths can continue to contribute and help find cite or a clearer argument he can submit this round …

She also said she doesn’t know. 
 

I think is the same crack set of geniuses ruining that poor woman’s life in the other thread. 
 

DIY might not work.  
 

3 hours ago, Family said:

 

As usual, I hope @jan22 sees post.

 

But, OP can u ask Moderators to merge your posts…cause it’s confusing to retrieve all the calculations and other helpful members responses between what I think are 3 threads

 

 

[Family 3,463]

11 minutes ago, Mike E said:

think is the same crack set of geniuses ruining that poor woman’s life in the other thread. 

It most definitely is the same staff..but @Depressed M was fully lawyered up before coming here..and we both know how that panned out. 

[jan22 2,897]

Any time spent in the US prior to the birth of the child counts towards the physical presence requirement on a CRBA application.  The interviewing officer who thought it didn't is wrong and should be asked to check that with his/her supervisor.  The DS-5507 form actually makes that as clear as anything else -- in Part 1 on the first page where you list the dates you were physically present in the US, there is a column for including the "Purpose" of the time in the US, with the explanatory note "(Indicate purpose(s) of stay: vacation, family visit, business trip, studies, employment, residence, etc.)".   Clearly, vacation time counts.