CRBA when the citizen mother lived in the US only when she was a child.

[EduardoP 5]

Hi

My father went to the US from Brazil from 1972 to 1976 to do his PhD.
While there my sister and I were born.
When my father finished his PhD and returned to Brazil (with the whole family together) my sister was over 1 year old.
Today my sister is living in Brazil and has 2 children born out of wedlock (they are under 18 and were born before 2017).
If my sister proves that she lived in the USA for more than 1 year (since she was born until the date she left for Brazil) can the children acquire their mother's nationality?

[Mark88 183]

Basicly yes. Rules like after she was 14 y/o don't apply. Proofing her one year physical presende will be a whole differnt matter.

https://it.usembassy.gov/u-s-citizen-services/child-family-matters/birth/crba-1/

 

 

 

 

[SalishSea 16,777]

13 minutes ago, Mark88 said:

Basicly yes. Rules like after she was 14 y/o don't apply. Proofing her one year physical presende will be a whole differnt matter.

https://it.usembassy.gov/u-s-citizen-services/child-family-matters/birth/crba-1/

 

 

 

 

You sure about that?  I don't think the OP's sister qualifies to transmit citizenship in this case.

[Mark88 183]

@SalishSea the OP writes, that "he and his sister were born int he US". That makes them USC by jus soli.

Further the OP writes, that the family returned to Brazil, when the sister was just over a year old. If there weren't any larger breaks, the sister was now more than the required one year in the US.

 

The children are under 18 and born before 11 June 2017. That is why the OP specificly mentioned the pre 2017 bdate, and the this means the "old" rule applies. The old rule (other than the new rule) does not require physcial presence above a certain age, just physical presence prior to the childs birth.

The link I posted above will give you the official embassy information:

https://it.usembassy.gov/u-s-citizen-services/child-family-matters/birth/crba-1/
 

"Old" rule:

For children born on or before June 11, 2017: A child born outside of the United States and out of wedlock to a U.S. citizen mother may acquire U.S. citizenship if the mother was physically present in the United States or one of its outlying possessions for one continuous year (365 days) prior to the birth of the child.

 

"New" rule:

For children born on or after June 12, 2017: A child born outside of the United States out of wedlock to a U.S. citizen mother may acquire U.S. citizenship at birth if the mother was physically present in the United States, or one of its outlying possession, for a period of five years, two of which were after the age of fourteen, prior to the birth of the child.

[EduardoP 5]

Thank you for reply!

 

The first thing I'm going to try is to check with my mother to see if she still has her old passport with a return date (but I'm not very hopeful).

I'm thinking of trying with the University my father graduated from (Purdue University) if they could issue a proof of the period my father studied at the University.
Could this type of document help?

 

 

  

[Boiler 43,462]

54 minutes ago, EduardoP said:

Thank you for reply!

 

The first thing I'm going to try is to check with my mother to see if she still has her old passport with a return date (but I'm not very hopeful).

I'm thinking of trying with the University my father graduated from (Purdue University) if they could issue a proof of the period my father studied at the University.
Could this type of document help?

  

No

 

Mother needs to evidence her presence in the US

[nastra30 1,987]

Op, did your sister attend daycare in the US?

[nastra30 1,987]

Op, did your father have a lease agreement that listed all family members at the time he was in the US?

[EduardoP 5]

My sister was always with my mother, without daycare.
  My father passed away in 2018. The apartment we lived in the US was inside Purdue University.  The University is likely to own it.  
  It was 50 years ago.  There is a great chance that the University will no longer have the Lease agreement (or other document) from that time.  But I think we have to try. 
   I just don't know if the University would be willing to help.

[Boiler 43,462]

I imagine this will be difficult to evidence.

[manyfudge 267]

1) did your sister have a U.S. passport?

2) do a FOIA on your sister with USCIS/CBP.

3) did your mom take your sister to any doctor or get her vaccinated?

4) yes, get your father’s records from the university.

5) was your sister baptized at church in the US?

6) if not, she can file i-130s for her children - are you in the U.S. and can you act as financial co-sponsor?

7) the minute her children land in the US, they are immediately US citizens if in her legal custody if under 18.  
 

Based on this, I would file i130 asap while accruing other evidence.

[EduardoP 5]

1) My sister has an American passport, but she only got it when she was an adult

 When she went to Brazil as a child, it seems to me that she didn't need her own passport, the travel record was a stamp in my mother's passport (I could be wrong, but I think that's it).  I asked my sister to check with my mother, but I highly doubt this passport still exists.
  2) I was not aware of the existence of FOIA.  I thought it was a great idea and we will certainly do my sister's FOIA.  
  4) I'm going to call and talk to my mom tonight, and see if she remembers any appointments or tests my sister had.

  5) I'll check too

  6) I agree, having the I130 as an alternative, she has to start the process. I'm a sponsor to my wife and 2 kids. But I think I can be a co-sponsor for 2 more, I will check. 

   7) But does my sister has to move together to live in the USA, or can the children come alone (and stay at my house , for example)? 

[Boiler 43,462]

She will need to be domiciled in the US, and it seems she has not got a US Domicile, the only thing you mention is a US Passport.

 

I remember at a young age I was able to be added to my Mother's passport and travelled that way so it sounds logical.

[manyfudge 267]

40 minutes ago, EduardoP said:

) But does my sister has to move together to live in the USA, or can the children come alone (and stay at my house , for example)? 

She has to prove she intends to re-establish domicile.  She has to either come on the same flight or arrive before the kids.

 

Maybe draft a lease with her, and make enquiries about getting the kids registered in school.

But as I said, her kids can apply for US passports day 1 of being in the U.S.

 

Ah, and yes, I forgot about 1 more thing - because the kids are under 18 and can derive citizenship, no need to fill out regular i-864 for them.

 

i864w will do!  No need for any financial sponsorship.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864winstr.pdf

 

How old are the kids? How close to 18?

 

 

 

 

 

 

 

[EduardoP 5]

Thank you

I really appreciate all the help I'm having over here.
She doesn't have much time.  2 daughters, 15 and 16 years old.  The oldest will turn 18 in February 2025