POA

Oh hi JFH! It's nice to know we have someone working for airlines and this is good information!

That's what he is leaning towards I think. I am talking to him in private which kinda confused me more since he said he lived in Saipan with his parents. I'm getting more info though.

Yeah, that's right.

So will he need to apply for naturalization then under the 5 year rule?

Thanks Susie! I should have read that thoroughly. lol

I am asking on behalf of the OP. 1. Does his dad needs to go back to the Philippines to apply for CRBA for his brother or can his mom submit the necessary documents his on behalf (provided his mom has all the requirements from the checklist https://ph.usembassy.gov/wp-content/uploads/sites/82/crba-checklist_april2018.pdf ).

Lol true. It piques my curiosity.

I see so that's why they are still required. Thank you! This helps a lot.

Thanks NikLR!

lol. Thank you. I know it's the law. I was just trying to make sense of it since it says physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. Both mothers' were in Saipan during their childhood so they should have met this requirement.

You're correct, the 5 year waiting mom gave birth recently while the 1 year waiting mom gave birth before June 11, 2017. It does say here the one year, Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The U.S. citizen mother must be the genetic or the gestational mother and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship. *** So I guess my question is, why are the 2 mothers still required to stay in the US before they can CRBA for their kids when both mothers were in Saipan for years prior to moving to the PH.

So that could be the reason, Mother 2 gave birth recently while Mother 1 gave birth years ago. I am not finding information about 1 year physical presence though.

They are both going to apply for CRBA for their kids around the same time but one was told to have 5 years and the other was told to have 1 year. Both are unmarried as well and had their kids out of wedlock. Thanks for the link though, that has lots of info.

I will just try to put your answers in bullet points. 1. Your father was born in the Philippines but became a US Citizen from his father who is a US Citizen, correct? 2. You father have been in the US for 25 years. 3. Your father was already a US Citizen when your 13 y/o brother was born. --if the 3 statements above are true, then your father can just file CRBA like the other said and your brother will get his US Citizenship. --For your mother, he would need to file the I-130 petition. If you want, you can reply in tagalog and I can translate it for you. (if I am not violating any TOS, MOD?)

Back story: Mother 1: Mother was born in Saipan in 1986. She used her PH passport to move back to the PH in the early 90's. Years later, she had a baby. Again, years after the child was born, she was able to get a US Passport and was told that she can pass her citizenship to her child but she needs 1 year of physical presence in the US. Mother 2: Born in Saipan early 90s, left Saipan and moved to the PH using her US passport. Had a kid and now being told that she needs to have 5 year Physical presence in the US. Why does mother 1 is required only 1 year while the other was required 5 years? Mother 1 hasn't filed CRBA yet but that was the information given to her.