My Daughter's CRBA was denied.

[JorgeRam 0]

It would be greatly appreciated if someone could give me some advice. I will spare you the boring details but in short;

 

I am a U.S. citizen, I attempted to register my daughter at one of our consulates in Mexico, I did not have enough evidence of physical presence so it was declined.

My Wife has her appointment to get her green card soon and I am hoping there is a way to be able to bring my daughter with her without having to file a I-130

and wait 2-3 years for my daughter to get her green card.

 

[SalishSea 17,928]

5 hours ago, JorgeRam said:

It would be greatly appreciated if someone could give me some advice. I will spare you the boring details but in short;

 

I am a U.S. citizen, I attempted to register my daughter at one of our consulates in Mexico, I did not have enough evidence of physical presence so it was declined.

My Wife has her appointment to get her green card soon and I am hoping there is a way to be able to bring my daughter with her without having to file a I-130

and wait 2-3 years for my daughter to get her green card.

 

You need to petition separately for your daughter, as there are no derivatives for spouses of USCs.  Your wife could try to delay her interview, or get the GC, come to the US to activate it, and return to Mexico.   Best practice if doing this is to immediately file for a reentry permit (will need to wait for biometrics appointment at field office) so that she can remain home and take care of your daughter.

 

 

[Family 4,025]

12 hours ago, JorgeRam said:

am a U.S. citizen, I attempted to register my daughter at one of our consulates in Mexico, I did not have enough evidence of physical presence so it was declined

If you DO HAVE the years required for physical presence , then don’t give up because you couldn’t gather “ enough evidence on 1st try”. 
 

Where were you born ? US or Mexico 

How old were you when you left the US? How old are you now? 
Where did they tell you are short on evidence? 

[JorgeRam 0]

double post

Edited August 24, 2022 by JorgeRam
double post

[JorgeRam 0]

On 8/11/2022 at 4:12 AM, Family said:

If you DO HAVE the years required for physical presence , then don’t give up because you couldn’t gather “ enough evidence on 1st try”. 
 

Where were you born ? US or Mexico 

How old were you when you left the US? How old are you now? 
Where did they tell you are short on evidence? 

Thank you for your response, we are currently debating this very idea. I was hoping there was an alternative. I was reading that if (me) the parent with citizenship lacks evidence of physical presence, I can petition to reopen my daughter's registration using my parents.

I am very ignorant when it comes to these matters,  if this is feasible I have been looking at other threads to investigate but have not landed any solid answers.

On 8/11/2022 at 4:12 AM, Family said:

If you DO HAVE the years required for physical presence , then don’t give up because you couldn’t gather “ enough evidence on 1st try”. 
 

Where were you born ? US or Mexico 

How old were you when you left the US? How old are you now? 
Where did they tell you are short on evidence? 

I was born and raised here in the U.S., due to medical circumstances my family decided to move to Mexico when I was 11, I came back when I was 16 to get my G.E.D. and left after I turned 18.

I was in a governmental program for a year and a half and lack the evidence for the remaining 6 months. I worked for a few months after I left the program whilst living with my eldest sibling and was unemployed for the last few months, the woman who did our interview constantly pretended as if she could not understand my English despite it being my first language, would not even listen to me when I tried to explain my situation, and said and I quote "It was too convenient for me to have exactly the 2 years needed" for my daughter's approval. Even though she pulled my tax records she said it wasn't enough even though I was only making minimum wage (Which was just $5.50/hr at the time). I can tell from her attitude she had already made her decision before the interview even began and nothing I said would change anything. After she denied my daughter her citizenship (which made my wife cry), she still asked if I was planning on living with my daughter while holding back laughter, told me I could email them any evidence if I could find any, and as if to mock me she told me that there were no reimbursements.

Edited August 24, 2022 by JorgeRam
typos

[Family 4,025]

First don’t take it personally, CO likely had her share of “ creative “ cases and many others report extreme difficulties both with Consulate Officers and having their evidence dismissed / questioned. 

Am happy she at least had the courtesy to give you instructions on contacting her/ unit if do manage to find additional proof for the six months in doubt. 
 

Here are a few suggestions: 

1. For CRBA you cannot use grandparents to meet the requirements ( only for N-600 K and N-600 neither applicable to u at this stage)

 

2. Let wife attend interview and get green card. She can enter US, activate card , and literally go back the same or next day or file I-131 rentry permit online and wait a couple of weeks to get biometrics letter, then leave to wait out with child. 
 

3. File I-130 for child online now ( in case your fight for CRBA still ends with refusal at least you don’t lose more time). If CRBA gets approved, the I-130 will just be considered moot and has no negative impact. 
If child enters w I-130 , he will be a USC and you can immediately apply for his US passport once in the US.

 

4. Go back over your missing six months and piece together anything that may help

 

A. Order Certified Statement of Earnings from Social Security ( get the detailed one)

https://www.ssa.gov/forms/ssa-7050.html

B. If maybe you applied for unemployment/ medical/ unemployment/ driver’s license/ a credit card/ bank account/ attended a family event such as wedding/birth or funeral with dated photos..

Sworn affidavits from your sister and ask if claimed you as dependent on her taxes for that year…

Order your free credit report to check if tried getting a credit card..
 

Am sure others can add to anything I overlooked.

[jan22 3,056]

From the time you returned after 18 until the time your daughter was born, did not enter the US at all?  No vacation, family visit, shopping trip, etc.?  If you did, any of that time would count, if you could find anything to support it -- dated photos at a clearly US location, tickets (plane, bus, etc), passport stamps -- anything that could tie you to visiting the US.

 

Edited August 25, 2022 by jan22