IR-1 and IR-2 I-130 Refusals due to CRBA Requirement!!

[billss 0]

I am posting this topic due to recent refusal of the I-130 petitions filed on behalf of my spouse and children under INA Section 221(g), due to the request for Consular Report of Birth Abroad (CRBA) documentation for my children (refusal notice attached).

 

I became a U.S. citizen in 1993, but was unable to fulfill the requirement of five years of continuous residence in the United States after naturalization. Hence I do not meet the criteria to apply for CRBAs for my children, now I am confused on how to appeal for a CRBA requirement be waived, as my primary objective was to establish immigrant visa status for my spouse and the children, and not to claim birthright citizenship for the children alone. I have an attorney who helped me file these petitions, the attorney and me we have emailed the Concerned Embassy but still waiting for a response from them. Can some one here guide me who should I email or contact for appealing to reconsider the refusal. 

[Ontarkie 14,958]

The continuous residency is counted also before your naturalization. They count your time as a permanent resident too.

[Lemonslice 5,267]

46 minutes ago, billss said:

I am posting this topic due to recent refusal of the I-130 petitions filed on behalf of my spouse and children under INA Section 221(g), due to the request for Consular Report of Birth Abroad (CRBA) documentation for my children (refusal notice attached).

 

I became a U.S. citizen in 1993, but was unable to fulfill the requirement of five years of continuous residence in the United States after naturalization. Hence I do not meet the criteria to apply for CRBAs for my children, now I am confused on how to appeal for a CRBA requirement be waived, as my primary objective was to establish immigrant visa status for my spouse and the children, and not to claim birthright citizenship for the children alone. I have an attorney who helped me file these petitions, the attorney and me we have emailed the Concerned Embassy but still waiting for a response from them. Can some one here guide me who should I email or contact for appealing to reconsider the refusal. 

It is my understanding that the presence does not need to be continuous, any day in the USA would be counted.  

 

Visas are (usually) not issued to people with paths to citizenship, you will have to demonstrate that you did not spend those days in the USA.

 

https://common.usembassy.gov/wp-content/uploads/sites/161/2023/04/acs-crba-and-proof-of-physical-presence.pdf

[S2N 345]

If you naturalized under the 5 year rule that’s five years based on my understanding.

[billss 0]

@Lemonslice No if you go through the requirements mentioned in that document there are some prerequisites mentioned to establish continuous presence in US for 5 years, of which 2 years should be after the age of 14. The maximum I have lived after being naturalized is 6 months and some odd days. 

[appleblossom 4,556]

Just now, billss said:

@Lemonslice No if you go through the requirements mentioned in that document there are some prerequisites mentioned to establish continuous presence in US for 5 years, of which 2 years should be after the age of 14. The maximum I have lived after being naturalized is 6 months and some odd days. 

 

But how long did you live in the US BEFORE you were naturalized? And at what age?

[Lemonslice 5,267]

1 minute ago, billss said:

@Lemonslice No if you go through the requirements mentioned in that document there are some prerequisites mentioned to establish continuous presence in US for 5 years, of which 2 years should be after the age of 14. The maximum I have lived after being naturalized is 6 months and some odd days. 

Then you will have to demonstrate it at the CRBA interview.  Once the CRBA is denied, your children will be eligible for the visa.  

[billss 0]

@Lemonslice so correct me if I am wrong but you’re saying that I will have to apply for CRBA first get it refused reschedule and Interview at the embassy and then consequently risk my I-130 petitions from being rejected all together. Then why file petitions in the first place if I had to go about it through this process. 

[S2N 345]

4 minutes ago, billss said:

@Lemonslice No if you go through the requirements mentioned in that document there are some prerequisites mentioned to establish continuous presence in US for 5 years, of which 2 years should be after the age of 14. The maximum I have lived after being naturalized is 6 months and some odd days. 

I’ve never seen it interpreted that way.

 

2 minutes ago, billss said:

@Lemonslice so correct me if I am wrong but you’re saying that I will have to apply for CRBA first get it refused reschedule and Interview at the embassy and then consequently risk my I-130 petitions from being rejected all together. Then why file petitions in the first place if I had to go about it through this process. 

The only reason they’re asking you to apply for CBRA is they think your children qualify.

[appleblossom 4,556]

Just now, billss said:

@Lemonslice so correct me if I am wrong but you’re saying that I will have to apply for CRBA first get it refused reschedule and Interview at the embassy and then consequently risk my I-130 petitions from being rejected all together. Then why file petitions in the first place if I had to go about it through this process. 

 

They clearly think your children aren't eligible for visas and you should have gone down the CRBA route. But without answering the questions above about how much time you've spent in the US overall (not just after becoming a citizen), none of us can really help you work that out. 

 

It's odd that your wife's application has been refused as well though, are you absolutely sure about that? What does the refusal for her case say?  

[Lemonslice 5,267]

See similar situations, it happens regularly for different reasons:
 

 

 

 

 

 

[Lemonslice 5,267]

10 minutes ago, billss said:

@Lemonslice so correct me if I am wrong but you’re saying that I will have to apply for CRBA first get it refused reschedule and Interview at the embassy and then consequently risk my I-130 petitions from being rejected all together. Then why file petitions in the first place if I had to go about it through this process. 

No, you will reach to the Visa Unit after the CRBA for your children is denied.  Then they would be eligible to get a visa. 

If the CRBAs are approved, then you would get them US passports, so no need for visa.

[jan22 3,178]

7 hours ago, billss said:

@Lemonslice No if you go through the requirements mentioned in that document there are some prerequisites mentioned to establish continuous presence in US for 5 years, of which 2 years should be after the age of 14. The maximum I have lived after being naturalized is 6 months and some odd days. 

The requirement is NOT “continuous presence” — it is physical presence, that is any time you were physically in the US.  Any time you were in the US — legally, unlawfully, as a visitor, as a resident, as a citizen, etc. — it all counts.  To repeat/clarify — all of the time you spent in the US counts for the 5 year requirement, as well as all the time since you naturalized.  
 

The Embassy is trying to protect your children and ensure that they do not lose their birthright citizenship if they qualify for it.

[mam521 2,604]

20 hours ago, appleblossom said:

 

They clearly think your children aren't eligible for visas and you should have gone down the CRBA route. But without answering the questions above about how much time you've spent in the US overall (not just after becoming a citizen), none of us can really help you work that out. 

This.  How did you come to the US in the first place?  How old were you when you naturalized?  How much time did you spend in the US, including discontinuous time?  

 

If you fill out your timeline, you'd avoid many of these questions.  https://www.visajourney.com/timeline/profile.php?id=482876