Consular Record of Birth Abroad

[TEXbound 18]

My husband is in the process of trying to get his IR-1 and green card. We are waiting for an appointment in Montreal for the interview. I just had a baby in Canada, but currently have her in the states with me. 
 

My question: Can I file a consular record of birth abroad (CRBA) from the states, or does it have to be done in Canada? 
 

Otherwise, what are my options for getting her USA passport and social security card? 

[HRQX 4,145]

27 minutes ago, TEXbound said:

My question: Can I file a consular record of birth abroad (CRBA) from the states, or does it have to be done in Canada?

The CRBA application can only be submitted in Canada at the U.S. Embassy in Ottawa or the U.S. Consulates General in Toronto, Halifax, Quebec City, Montreal, Calgary, and Vancouver https://ca.usembassy.gov/u-s-citizen-services/child-family-matters/birth/new-online-crba-application-feature/

 

A more expensive alternative is a Certificate of Citizenship https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

Quote

Application for Certificate of Citizenship (Form N-600)

A person born abroad who acquires U.S. citizenship at birth is not required to file an Application for Certificate of Citizenship (Form N-600). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. passport with the Department of State to serve as evidence of his or her U.S. citizenship. ^[31] 

 

A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child's U.S. citizen parent or legal guardian must submit the application. ^[32] 

 

USCIS will issue a proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance, if required to do so. ^[33] 

The Certificate of Citizenship option has a way slower processing time than CRBA.

• https://www.uscis.gov/n-600
• https://egov.uscis.gov/processing-times/

 

  

27 minutes ago, TEXbound said:

I just had a baby in Canada, but currently have her in the states with me.

Was the baby admitted as a US citizen at entry? If so, which documents did CBP ask for at entry? Also what questions (if any) did they ask?

 

Or was the baby admitted as a Canadian B-2 visitor instead?

Edited June 19, 2021 by HRQX

[Ryan H 3,813]

Moved from IR-1/CR-1 Progress Reports to CRBA forum.

[TEXbound 18]

That’s the thing! We crossed at a land entry and the CBP officer just took her passport and didn’t ask for anything else, or ask any questions. I checked her passport and there is no stamp, so I’m not sure how she entered. Now I don’t know how to proceed. 
 

I tried to get her a passport, and they said she needs proof of legal entry. I am not sure how to obtain that, or what to do next. 

[HRQX 4,145]

8 minutes ago, TEXbound said:

I checked her passport and there is no stamp, so I’m not sure how she entered.

Have you tried the I-94 website? "Get Most Recent I-94" https://i94.cbp.dhs.gov/I94/#/home It just asks for her name, DOB, passport number, and passport Country of Issuance.

[TEXbound 18]

43 minutes ago, HRQX said:

Have you tried the I-94 website? "Get Most Recent I-94" https://i94.cbp.dhs.gov/I94/#/home It just asks for her name, DOB, passport number, and passport Country of Issuance.

Thank you for helping me. I checked the website and it told me the date of entry, states “arrival” and place of entry as “POR”. I clicked to view the I-94, and it says no record available. I assume this means she did not enter as a visitor, and doesn’t have a visitor record? 

[HRQX 4,145]

1 hour ago, TEXbound said:

I tried to get her a passport, and they said she needs proof of legal entry.

The only thing I can think of is to try a different "Acceptance Facility" or somehow get an appointment at a DOS Passport Agency.

 

Technically only the following is needed: https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html

U.S. Citizenship at Birth

If you were born outside the United States and acquired U.S. citizenship through your U.S. citizen parent(s), please submit the following with your passport application:

• Your foreign birth certificate listing your parent(s)
• Your parent(s)’ evidence of U.S. citizenship
• Your parents' marriage certificate, if applicable
• A statement from your U.S. citizen parent(s) detailing all periods and places of their residence or physical presence in the United States and abroad before your birth.

[Boiler 45,673]

US Citizens are required to enter using their US passport.

[SteveInBostonI130 3,468]

2 hours ago, Boiler said:

US Citizens are required to enter using their US passport.

Baby was not a US Citizen when she crossed the border.  It's a technical distinction/dicotimy , because although the baby is a US Citizen if CBRA or N600 is submitted, she is not one if the CRBA is not submitted by the time she turns past 18.  If the parents wish their child to not be a USC, they can simply never file.

 

So, she is a US Citizen at birth if and only when the CRBA or other citizenship papers are filed.

[Demise 1,298]

55 minutes ago, SteveInBostonI130 said:

Baby was not a US Citizen when she crossed the border.  It's a technical distinction/dicotimy , because although the baby is a US Citizen if CBRA or N600 is submitted, she is not one if the CRBA is not submitted by the time she turns past 18.  If the parents wish their child to not be a USC, they can simply never file.

 

So, she is a US Citizen at birth if and only when the CRBA or other citizenship papers are filed.

That's actually wrong. If the kid was born to a parent that meets the requirements to confer citizenship then the kid's a US citizen by operation of law and parent(s) can't just say "no thank you".  Getting a CBRA, US passport, or Certificate of Citizenship is merely getting proof of status. Yes CBRA can only be filed while the kid is under 18, but after 18 the kid on their own can seek a US Passport (anywhere) or a Certificate of Citizenship (if in US).

[jan22 3,056]

1 hour ago, SteveInBostonI130 said:

Baby was not a US Citizen when she crossed the border.  It's a technical distinction/dicotimy , because although the baby is a US Citizen if CBRA or N600 is submitted, she is not one if the CRBA is not submitted by the time she turns past 18.  If the parents wish their child to not be a USC, they can simply never file.

 

So, she is a US Citizen at birth if and only when the CRBA or other citizenship papers are filed.

This is not correct.  If the US citizen parent met the requirement to transmit citizenship, the baby was a US citizen from birth and will remain a US citizen, whether it is documented or not.  (There are some actions that cause the loss of US citizenship -- like going to war against the U S, but a baby can't commit any if them!)

 

You can submit the CRBA application from the US, but will still need to take the baby to the consulate/embassy when the CRBA interview is conducted.  Or, has been suggested, you can apply for a US passport here in the states.  Proof of legal entry is not usually asked for -- especially for Canadian passport holders.  The CRBA makes the passport process easier, but is not a requirement.  You still might want to apply for the CRBA, as it can serve the same purpose as a birth certificate for many things in the US (even though it is not, technically, a birth certificate) instead of always having to use a passport.

Edited June 20, 2021 by jan22

[HRQX 4,145]

5 hours ago, Boiler said:

US Citizens are required to enter using their US passport.

That is technically correct (*with certain exceptions allowed) but 8 USC § 1185(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "92 Stat. 993: “Such section is further amended by striking out subsection (c)”"

 

An example: Maximiliano left and entered the US at a POE without carrying any ID: https://youtu.be/1FB1FTXwGLw?t=2237

Edited June 20, 2021 by HRQX

[Boiler 45,673]

We are assuming the child entered on a Canadian passport, not clearly stated but most likely.

 

We are assuming US citizenship can be passed by the Mother, now most can but not sure we can be certain.

 

I was trying to explain why it is not so obvious, there is an assumption that CRBA would be the route and the child would enters as a US Citizen not as a Canadian visitor.

[HRQX 4,145]

7 hours ago, SteveInBostonI130 said:

she is not one if the CRBA is not submitted by the time she turns past 18.

That is incorrect; if the USC was eligible to transmit citizenship at the time of the child's birth then the child is a citizen at the time of the birth per INA 301 and INA 309. After turning 18 still eligible to apply for first US passport with DOS (e.g. American Citizen Services unit) or a CoC with USCIS: https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/claiming-citizenship-born-outside-united-states/

Quote

over the age of 18: Your U.S. citizen parent must be listed on your birth certificate. You should review the information concerning transmission requirements (PDF 162KB) to see if your parent(s) had the prerequisite physical presence in the United States required by U.S. citizenship law in effect at the time of your birth. If, based on this information, you believe you have a claim to U.S. citizenship, please follow the instructions provided below.

1. Passport Application Form DS-11

2. Social Security Number Requirement

3. Passport Photo

4. Your Local Birth Certificate

5. Evidence of U.S. Citizenship of your Parent(s)

6. Evidence of your Parents' Marriage

7. Evidence of Termination of your parent's previous marriage(s), if applicable

8. Evidence of Change of Name, if applicable

9. Evidence of Phycical Presence in the United States of U.S. Citizen Parent(s)

10. Identity Document(s)

11. Evidence of Parentage, Legitimation, or Financial Support

12. Affidavit of Parentage

13. Photo copies

14. Assembly of your Application Package

15. Send in your First Passport Application Package

16. We will arrange the appointment for you.

 

Edited June 20, 2021 by HRQX

[SteveInBostonI130 3,468]

5 hours ago, HRQX said:

That is incorrect; if the USC was eligible to transmit citizenship at the time of the child's birth then the child is a citizen at the time of the birth per INA 301 and INA 309. After turning 18 still eligible to apply for first US passport with DOS (e.g. American Citizen Services unit) or a CoC with USCIS: https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/claiming-citizenship-born-outside-united-states/

 

I stand corrected about when a person can obtain citizenship from birth when born out of the US to a USC parent (there is no age limit).

 

However,  it is still a purgatory state that the child is in until an application or a passport is assigned to the child when the child is born abroad.  He/She is technically a USC per INA 301 and 309, but per documentary evidence is not one until the status is claimed.  

 

I was/am one of those people.  My father was a soldier in the Korean war and met and eventually married my mother.  I was technically a USC at birth, but I was not one until the age of 9 when my father submitted the proper documentation.  At that point, I was a USC since the date of my birth, but not one from ages 1-8 (or at least, not one with documentation to gain any rights and priviledges).