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makhan27

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    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    On 4/22/2020 at 8:37 PM, jan22 said:

    If you look at the requirements for a CRBA application on any Embassy website, you will not see any statement about having to be US passport-less to be eligible apply for the CRBA.

     

    If you want a specific source, check out 7 FAM 1440.  There is nothing in the entire section that says having been issued a passport prohibits the issuance of a CRBA.  Probably the most definitive statement is (bold emphasis is mine) 7 FAM 1443.1 Who Is Eligible to Apply:  7 FAM 1443.1(a) A consular officer may issue a Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, for any child who is eligible for it upon application made at any time before the child's 18th birthday.

     

    And, in fact, 7 FAM 1444.3-1(d) -- which is a very important section for the original poster -- specifically talks about a case such as the one being discussed here, i.e., if no CRBA was applied for, parents and child are in the US, and a US passport may have already been issued.  It outlines the procedure for filing a CRBA application via a US-notarized application being sent to the Embassy in the country of birth.

    thanks alot mate for the information - i will certainly look into it 

    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    47 minutes ago, Wuozopo said:

    I don’t understand the I-551 (permanent resident stamp) and how it fits in. Is one parent a US citizen? 
    If the baby entered on ESTA with a British passport, then how could USCIS give him a greencard (stamp). He didn’t get an Immigrant visa. Maybe you didn’t explain enough? My son entered as a tourist. He can not get an I-551. He is the child of a US citizen which makes him eligible for US citizenship. 
     

    Is a US passport absolutely necessary immediately? Might be easier to sort out later. 

    I’ve tried to explain but they won’t listen - yeah the mother is a US citizen. Well we have moved to the US and wanted our son to get the citizenship straight away. They insist I speak to USCIS whom are closed. We are heading back to the UK on vacation in December. 

    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    13 hours ago, Wuozopo said:

    Clarify if it is a US passport you seek.

    Does your child need this for emergency travel, because the State Department announced passport services are strictly limited. 
     

    Have you already tried —-

    U.S. Citizenship at Birth

    If you were born outside the United States and acquired U.S. citizenship through your U.S. citizen parent(s), please submit the following with your passport application:

    • Your foreign birth certificate listing your parent(s)
    • Your parent(s)’ evidence of U.S. citizenship
    • Your parents' marriage certificate, if applicable
    • A statement from your U.S. citizen parent(s) detailing all periods and places of their residence or physical presence in the United States and abroad before your birth.

    This is the thing that is baffling me as I have spoke to the post office and the passport helpline and wen I mention the documents listed above they tell me that he needs a i551 stamp and cant apply for a passport till then.

    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    18 minutes ago, Mark88 said:

     

    You only can do one of those things: You can apply for a US passport at a DOS passport agency and receive it OR you can apply for a CRBA at a foreign embassy. Once the passport has been issued in the US, citizenship has become established and a CRBA can't be issued anymore.

    I will try to call the passport agency tomorrow and see if its worth coming up to DC and applying for a passport. 

     

    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    18 minutes ago, Mark88 said:

     I agree, they were lucky in so many ways:

    a) No valid ESTA -> should have been denied boarding since the airline would have a transportation liability (airline pays for the flight back, since they didn't check the documents properly, and would be fined additionally).

    b) Assuming the child is a US citizen, entering on a foreign passport (fine)

    c) Entering on a non-immigrant visa (since intent to stay but not even ESTA). The OP was lucky the immigration officer let this fly. Depending on his/her mood, he could at least made a night or two in immigration detention center uncomfortable for you  until you see a judge. Although unlikely a judge would deport a child with its unclear status and the current situation, spending a night or two in one of these centers with an infant would be very very uncomfortable. 

     

    @makhan27 you have no idea how lucky this went for you considering all above. 

    I agree I am beyond lucky to have been let into america with all things considering - when they looked into my sons passport they did see that he initally did get approved for an ESTA but it was then rescinded due to the travel ban - however I did explain that the travel ban was exempt for children of the US citizens. The immigration officer was beyond nice as she understood our situation and asked for proof of 5 years citizenship and 2 years after 14 from my wife. 

     

    Looking back I must admit I should of filed the CRBA when I was in the UK and I admit that has put us in a real difficult situation for my son. I have contacted the embassy in london UK and see what they advise and I am thinking of going to the passport office in DC ( I live in NC) and trying there. Will file for a CRBA once I am back in the UK in December and hope to obtain that before I fly back. 

     

    The whole situation is a mess and hope to clear it up soon. 

    2 hours ago, NikLR said:

    The child is a USC. They can apply for a passport. The child does not have an ESTA, it was denied. 

    well it was approved but the travel ban cancalled all ESTAs

    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    9 minutes ago, H&T said:

    your child was paroled to admit under ESTA because current situation ( Covid-19). Your child don't have any proof to proved he/she is USC. Look like CRBA is needed in this situation. Seems like you not doing your homework, but it was too late right now. The best choice is wait out for 2-3 months then fly the child back to UK and file for CRBA.

    Yeah I messed up there and should of been more organized but we’ve moved to the US now so isn’t there any option to do anything in the US? We are due back in th UK in December but only for a vacation 

    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    17 minutes ago, Mark88 said:

     

    Situation B:  My child was born in wedlock, out of a U.S. citizen mother and a non-U.S. citizen parent: The U.S. citizen parent must present evidence she or he has been physically present in the United States for a minimum of five years total, two at least must have been after age 14.

    https://de.usembassy.gov/u-s-citizen-services/citizenship-services/crba-checklist/proof-of-physical-presence/

    Yeah that’s the one we qualify for. That’s the whole reason they let my son in the country as they determined she was present in the US for more than 5 years with two more after the age of 15. So I’m unsure why the post office refused us and asked for a i551 stamp or a resident card 

    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    Just now, Mark88 said:

    How was the child able to enter the US? 

    Well this is the weird bit - he was travelling on an esta in hope of getting a passport since we were moving and my entry visa was going to expire before we could wait for a passport but with the travel ban we found out at border contr his esta got refused (they never notified me) but immigration saw our circumstances and told me to file a ds400 form I think or something like that I’ve forgot 

    IRS Checks

    in Coronavirus Covid-19

    Posted

    4 hours ago, NancyNguyen said:

    You were not GC holder in 2019 so you won't receive it. You might have some relief when you file tax next year.

    Thanks man that clears things up. 

    4 hours ago, geowrian said:

    Under what status did your wife file 2019 taxes (jointly, separately, etc.)? Did they use an ITIN or SSN for you?

    If 2019 was not filed yet, then the same questions apply for the 2018 taxes.

     

    You should qualify for the 2020 CARES tax credit. Expats qualify...as absolutely strange as that is.

    Depending on how your taxes were filed, you will or won't get an advance rebate check, or the amount may differ from the total credit you can claim on the 2020 taxes. The gap between amount received and amount eligible would be claimed when you file 2020 taxes in that case.

    My wife filed separately as I’ve just moved now to the states. But thanks for the reply. I’ll just have to adjust my taxes when I do them 

    Son in USA but need to file CRBA (merged)

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    3 hours ago, Mark88 said:

     

     

     

    No. Read the DS-11 application info:

    APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or evidence described below:

    - If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable.
    - If you claim citizenship through birth abroad to at least one U.S. citizen parent    : Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

    - If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your U.S. citizen parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the applicant was born on or after 02/28/1983.)

    ADDITIONAL EVIDENCE: You must establish your citizenship to the satisfaction of the acceptance agent and Passport Services. We may ask you to provide additional evidence to establish your claim to U.S. citizenship. Visit travel.state.gov for details.

     

    As you can see, you can apply for a US passport within the US without the CRBA. The evidence you need to provide to the passport office/agency is the same as with a CRBA. You will have a major disadvantage when not having a CRBA though: No FS-240 will be issued. This will suffice in most instances as a US birth certificate for a lot of things your child will need in life. The CRBA would have been the better long term option. 

    Thanks man - that really clears things up so I’m guessing the CRBA is good to have but not necessary - should I try a passport office instead?

    IRS Checks

    in Coronavirus Covid-19

    Posted

    Hi,

     

    Moved to the US last month with my wife and child ( wife is a US citizen) and I am waiting for my green card and social security to arrive. However I wondered would I be eligible for the IRS check as I will be out of work for a while with no means of supporting myself (the job market is more or less dead atm) and would I be able to claim for my son? Any information would be appreciated.

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