Question about CRBA documents

[Mar11 0]

Hi all,

 

We're about to start the CRBA & first passport process for our newborn baby. 

My wife has a US passport, I am an Alien with my EU passport (and CR1 approved).

We fall info the following category: Child Born Abroad in Wedlock to a U.S. Citizen and an Alien - which says:

Quote

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

For birth between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. In these cases, either the U.S. citizen parent or their alien spouse must have a genetic or gestational connection to the child in order for the U.S. parent to transmit U.S. citizenship to the child.

Now the dumb question (sorry), are those above dates for the birth of child, or for the birth of the US citizen patent?

 

Any help clarifying this would be much appreciated.

 

M

[Pleasework89 43]

For the birth of the child. I did the crba for my daughter. I used my high school and college transcripts as proof of 5 years physical presence. 

 

 

You know, now that I am re-reading it, the wording does sound a bit confusing.

Edited May 24, 2022 by Pleasework89
Reread post

[Timona 3,941]

Your child was born recently therefore the after Nov 14th 1986 rule is the one you'd go with. Follow what @Pleasework89 did

[Mar11 0]

50 minutes ago, Pleasework89 said:

For the birth of the child. I did the crba for my daughter. I used my high school and college transcripts as proof of 5 years physical presence. 

 

 

You know, now that I am re-reading it, the wording does sound a bit confusing.

Thanks a lot for the clarification - that helps

 

I managed to find my wife's high school and Uni certificates so that should be sufficient as you said.

 

P.S - Yeah I read it for first time assuming it was baby's birth date, but as you re-read it more times the wording gets more confusing.

 

 

[Pleasework89 43]

Best thing you can do is email the embassy or consulate you are applying for clarification. I emailed the embassy to clarify whether my spouse, the non-US citizen could entry the embassy with me since both parents need to be present with the child. I was born after 1986 so for me, that section didn't really worry me.