This battle with the consulate!

[Depressed M 17]

Hey everybody.

I am a USC since 2006. Filed for by my USC father as a child. 
My son was born abroad as I got stuck in London and unexpectedly gave birth at home in my childhood bedroom in 2018 🤦‍♀️. I filed for my sons citizenship as myself and his father are USC and I have been living in the US! I was denied twice already as the consulate want me to prove physical presence in the States from 2013 - 2018. I found any and everything i could and provided it at my interviews in London. The representative accepted some of the documents i submitted and gave me 90 days from my interview to provide more evidence. I asked what kind of physical proof he required and he told me “restaurant receipts, atm receipts, school transcripts etc”. I thought it was a little crazy that i was expected to have saved receipts from 5 years ago. Nevertheless, I went on a hunt for more evidence. I contacted the school I went to for transcripts. Its been so long they dont have record of transcripts for my class. I asked for that in writing to submit. I contacted old banks to access my accounts to see if i could print any statements. I was able to print every atm receipt from the opening of the account to the closing of the account. I provided my expired  passport my social security letter and card issued in 2006. His fathers pssport and all supporting documents. Denied AGAIN, and given 90 days to now submit a birth certificate with both parents on it and or a stamped passport to prove when i entered the US. 
i have the birth certificate and have requested my 10 year entry and exit record from customs to show my entry into the US was way before my child was born. Been waiting over a month for these customs records now and my 90 day deadline is May 8th 2022. 
The issue i have with the entry record is that my US passport was issued to me at the US embassy in Victoria, London. It was in a sealed envelope with struct instruction not to open the envelope as it will be opened for me at the airport in Miami when I land. I was entering the US as a new US citizen and was given forms “DECLARATION OF FREE ENTRY OF UNACCOMPANIED ARTICLES” to produce at the passport check. 
once i arrived in Miami, (1:25pm) I produced these documents to which i was told were not correct. 
How could something the US Embassy gave me be incorrect!?

I explained that my passport was in this envelope I had and I was told not to open it and to give these papers instead. I was instructed to go back towards customs because I wasn’t allowed to enter on these papers. I panicked and ripped open the envelope and produced it as there’s no way I could just ‘go back towards customs’ go back to England. This wasn’t my protocol to understand! I was doing what I was told to do! Up until the ripping open of the envelope 😩

Security officer looked through my passport. Looked at me. And handed it to an officer standing behind him. He then walked me to immigration (which was absolutely packed) and told me to take a ticket and wait. I watched him hand my ripped envelope and passport to a lady at the podium and walk away. 
i waited for around an hour and asked to use a phone outside of the immigration room to call my dad who was waiting at arrivals for me. I called my father and explained what was going on. Obviously he was quite angry about it. I then went to the restroom and (excuse the info) mid flow, I heard an angry ‘MA’AM ARE YOU IN HERE?’  I was stunned as she then asked by full name if i was in the restroom. I confirmed and she proceeded to scream at me saying ‘ IF YOU WERE TOLD NOT TO OPEN THE PASSPORT WHY DID YOU DO IT!? ITS NOT FOR YOU TO OPEN. WHO TOLD YOU TO OPEN IT!?’ 
I responded that the papers i produces weren't being accepted by the officer and that i had to produce a passport. I apologized and she walked out. 
i went and sat back in the immigration room for another 3 hours until i was the last person in the room even thought my ticket number had been skipped. I was given back my passport and paperwork and released. 
My passport and paperwork were not stamped with any entry stamps hence why i am now requesting my records from customs. 
My question is, since i feel the representative at the consulate is being difficult with me by making his way down the checklist of supporting evidence to prove i am a US citizen; does anybody know or think I will be denied again without the customs records and only the birth certificate as proof. 
i have an immigration lawyer who thinks it is arbitrary that they are asking me for things that I'm providing and still saying its not enough proof. 
This Friday i will be sending in the birth certificate alone if the customs records have not come in yet. 
any advice on steps to take during or if we are denied again please! 
 

thank you for listening to my depression booster!

[JeanneAdil 6,196]

First 

What do schools do with old records?

 

These records are usually stored in CA-60 file folders. They are shared whenever a student transfers to a different school. Once the student graduates, the file is typically archived. In most cases, the permanent record is kept indefinitely.

 

Next 

How did u get the plane without a passport ?

 

Last

u are not allowed to go into bathroom while waiting in customs / this is a big deal as they need to search for contraband 

[Boiler 43,433]

You have 16 years and only need to shoe 5 years of legal presence.

[Depressed M 17]

4 hours ago, JeanneAdil said:

First 

What do schools do with old records?

 

These records are usually stored in CA-60 file folders. They are shared whenever a student transfers to a different school. Once the student graduates, the file is typically archived. In most cases, the permanent record is kept indefinitely.

 

Next 

How did u get the plane without a passport ?

 

Last

u are not allowed to go into bathroom while waiting in customs / this is a big deal as they need to search for contraband 

Thanks for your response. 
I didnt go to a normal high school. I finished school in London. I went to a spa school in the US to ‘re-do’ my esthetics training and, and i quote, “ have that same qualification on US paper”. I graduated from that school in 2015. I went back in 2019 to ask for records to which i was told there were none. 2 years after graduation, records are trashed as we dont need transcripts for our trade. That’s exactly what the director of the school told me. All she could give me was an old name tag i left there and a workbook. I had my lawyer send correspondence to them to release any records they have of my time in the school. They responded the same way. They have none. 
 

secondly, i got on the plane with forms given to me by the US embassy. A form called Declaration Of Free Entry Of Unaccompanied Articles’. This is paperwork the US embassy gave me to present in replacement if the passport I have in the envelope they told me not to open. 
 

lastly, i was not in customs, i was in the immigration holding. There was a dedicated restroom in the same room. The only thing i was not allowed to do without asking first, was use the payphone on the other side of the security desk. I was allowed to use the phone to notify my father of the delay in my release. The only mention of customs was from the security who was supposed to stamp my paperwork with an entry stamp. He told me to go back to customs to speak with someone to get back on the plane to England if i couldn't produce a passport. 

[Depressed M 17]

3 hours ago, Boiler said:

You have 16 years and only need to shoe 5 years of legal presence.

Yes. They asked me to prove that I have been an American Citizen for 5 years before the date of my childs birth. I provide evidence to show I was a citizen of the US for 5 years AND more. The requirement was then changed to ‘show me that you were physically here with restaurant receipts and school transcripts’. 
what makes this a battle is that everything this rep is asking for, i am providing. My lawyer, my family friend who works at the American embassy are confused as ro why my request is being denied! My second appointment the rep told me he wasn’t entertaining the fathers side of the documents as he wasnt on the birth certificate. But HE IS ON THE BIRTH CERTIFICATE! What could that mean!?

[Depressed M 17]

14 minutes ago, Depressed M said:

Thanks for your response. 
I didnt go to a normal high school. I finished school in London. I went to a spa school in the US to ‘re-do’ my esthetics training and, and i quote, “ have that same qualification on US paper”. I graduated from that school in 2015. I went back in 2019 to ask for records to which i was told there were none. 2 years after graduation, records are trashed as we dont need transcripts for our trade. That’s exactly what the director of the school told me. All she could give me was an old name tag i left there and a workbook. I had my lawyer send correspondence to them to release any records they have of my time in the school. They responded the same way. They have none. 
 

secondly, i got on the plane with forms given to me by the US embassy. A form called Declaration Of Free Entry Of Unaccompanied Articles’. This is paperwork the US embassy gave me to present in replacement of the passport I have in the envelope they told me not to open. 
 

lastly, i was not in customs, i was in the immigration holding. There was a dedicated restroom in the same room. The only thing i was not allowed to do without asking first, was use the payphone on the other side of the security desk. I was allowed to use the phone to notify my father of the delay in my release. The only mention of customs was from the security who was supposed to stamp my paperwork with an entry stamp. He told me to go back to customs to speak with someone to get back on the plane to England if i couldn't produce a passport. 

[jan22 2,898]

A few questions for you -- that seem very personal and somewhat strange, but your answers will help give you the right response:

1. Was your child born in or out of wedlock?
2. Was the father a US citizen at the time of birth of your child?
3. Did you include a completed DS-5507 along with your CRBA application?
4. And, you said the father is definitely on the birth certificate, right?  
5. Is there any other evidence that you have to show he is the father, such as pre-natal care information, hospital records, photos, shared addresses if you were living together at that time, etc?

With the answers to these questions, I can help guide you better.  If you don't want to provide the information publicly, please feel free to send it to me in a private message.

[Chancy 6,233]

*** Moved from Bringing Family of USC forum to the CRBA sub-forum ***

 

[Lil bear 3,831]

Im very confused … Unaccompanied goods forms are filled out by a returning resident  and sent as documentation accompanying personal effects and house hold goods shipped by the returning resident through a shipping company. A US consulate has nothing to do with these forms and they have nothing to do with a person boarding an international flight to the US . 
 

i understand things are complex and not easy to sort through but there are things not adding up here.. you would have needed to show your US passport at checkin in order to be given a boarding pass. 
 

Why were you “ entering as a new citizen” if you have been a citizen since 2006 and had an expired passport ? The sealed envelope is used by those who have successfully been granted an immigrant visa ..  which a US citizen can never be granted .. just trying to understand  so we can help 

Edited April 11, 2022 by Lil bear

[Boiler 43,433]

3 minutes ago, Lil bear said:

Im very confused … Unaccompanied goods forms are filled out by a returning resident  and sent as documentation accompanying personal effects and house hold goods shipped by the returning resident through a shipping company. A US consulate has nothing to do with these forms and they have nothing to do with a person boarding an international flight to the US . 
 

i understand things are complex and not easy to sort through but there are things not adding up here.. you would have needed to show your US passport at checkin in order to be given a boarding pass. 

i was heading in that direction and decided  it was not worth it as the issue is CRBA

 

My guess is she entered on an immigrant visa but just a guess.

[Lil bear 3,831]

Just now, Boiler said:

i was heading in that direction and decided  it was not worth it as the issue is CRBA

 

My guess is she entered on an immigrant visa but just a guess.

I agree but that creates greater confusion??? 

[Boiler 43,433]

Just now, Lil bear said:

I agree but that creates greater confusion??? 

There is the father aspect but otherwise she has to evidence presence, for some reason that seems to be difficult.

[Lil bear 3,831]

Just now, Boiler said:

There is the father aspect but otherwise she has to evidence presence, for some reason that seems to be difficult.

Yep. Im still confused .. USC or not ? 🥺

[Family 3,480]

 

 

 

1. Email or send by post to London Embassy “ Request for Additional Time to submit Required Documentation “ 

 

2. File for a copy of your own CBRA ( Consulate Report of Birth Abroad ) u can do it online link attached. Assuming was issued in 2006 when you first came in to US…unless u already have a copy. Link attached: https://travel.state.gov/content/travel/en/records-and-authentications/requesting-a-vital-record-as-a-u-s--citizen/replace-amend-CRBA.html

 

3. Your child was born in 2018 and it sounds like you have been going at this alone , without the USC father filing with you and acknowledging paternity ( doing DNA per consulate instr and signing up for child support) …this is what they tried to tell you when they said father not being considered. They know he is on B/C but is MIA in the CBRA for ur child. He can be added , and you will have an easier time gathering proof. 
 

4. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3
Assuming app for your child is “ Child born out of wedlock to USC mother “ you will see they are asking You to show 5 years TOTAL in the US ( 3 years can be before you turned 14 and only 2 years after you turned 14…) before 2018 ( baby is born) …they are NOT asking for 2013 to 2018 specifically. 
 

5. Figure out what age you came to US ( 2006) how long you stayed in US each time and ask your parents for help. More than likely they claimed you as dependent on their taxes and if you did not work in the US , maybe they sent you money to pay rent, beauty school tuition or even co signed for student loan at that time…if you have cosmetology license , contact the State Board for records. 
 

6. Focus on WHERE you were living , you paid rent , had driver’s license, had us bank accounts, maybe established credit ( pull credit report copy). If you ever worked in the US , then Social Security Earnings Report would show the years, 

 

7. Sworn Affidavits from parents, friends, old neighbors, old jobs..

 

8. Not sure why ur attorney said they are giving u a hard time..but they are not. It’s just a bit complex but glad you posted hope you get many responses! 
 

9. Also hope the father of child steps in , but no matter what if you spent the time here then you can do this alone too. 

 

 

[Family 3,480]

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5
 

Make your attorney earn his money and have him look to see if he can use “ Grandparent “ ( your dad) physical presence in US