Depressed M

Thank you Mike! I’ll take it! We’ll be applying for his passport immediately once we return!
Thank you!! Great news!!
We fly out tomorrow 😭 

Thank you Mike! I’ll take it! We’ll be applying for his passport immediately once we return!
Thank you!! Great news!!
We fly out tomorrow 😭 

Your “ Battle with the Consulate “ is officially over. I must say it was a proper War fought by two generations, your father had the same problems getting YOU across to the US. Hope you filed that FOIA and can pat yourself on the back for the Big Win! 
Your attorney missed every step and his “ I have never seen this happen to anyone, shrug of the shoulders “ still gives me the same headache from original posting. 
 
This is one of those few moments, I myself, truly appreciate VJ for connecting people to overcome immigration issues ( even those w legal representation in their pocket). 

Only the emergency passport and the crba and evidence documents back

Checking in to see if you have received any help from Congresswoman’s office? 

Thank you immensely! 
😢

Thank you!!
 
congresswoman Lois Frankel is the name. 
 
i will be sending an email to DX Delivery and copying it to their messenger platforms too
 
thank you again!

1. Post name of Congressman here, will help you look if they have a Case Authorization Form …here’s what it may look like https://vargas.house.gov/sites/vargas.house.gov/files/wysiwyg_uploaded/FINAL_CaseworkForm_1.pdf
 
2. DX Delivery, do everything by email to have records. “ My name Xx, on yy, I registered and paid for doc delivery w embassy ( payment receipts conf , or profile info).On zz embassy stated they sent docs and I should contact DX . Repeated calls to DX resulted in being told my tracking is expired and am advised to call embassy. Am requesting DX to investigate if any packets FROM embassy TO My Name, Child Name, Father Name have been initiated/ routed between this / that date as they contain orig/ sensitive documents and may include a US passport “
https://www.dxdelivery.com/contact-us 
 
 

They use calculator for physical presence only, as @Mike E points out, https://fam.state.gov/FAM/08FAM/08FAM070405.html
 
but UK has been giving @Depressed M a bloody rough going about accepting her own extensive evidence in the first stages of proving her physical presence, before USC father stepped in. But, OP’s circumstances are different and he has the substantial primary stuff, like irs, SS earning records ..etc
 
Just hope he Re engages because all you brilliant VJ who responded , can make this happen for him . Kudos , am impressed 

you are moving the goal posts.  
 
You said embassies deny CRBAs because the parent doesn’t have 5 years of continuous residence.  I’ve said that that isn’t what the law says.  It says physical presence.  Not residence.  Period.  Full stop.  
 
I don’t know what it is you are arguing and so cannot follow your argument.  
That parent  has a competed CRBA and passport for her child waiting for her at the embassy and the embassy refuses to give it to her. I’ve already told her how she can overcome it.  And @Family has also given her advice.  
 
These are not similar situations at all as the embassy in the other case has accepted that the child’s citizen father has sufficient physical presence. 
 
CBP arrival / departure records are the other way to show physical presence.  I held a green card over over 30 years.  I can tell you with my own experience that these records CBP has were at least 99 percent accurate   percent for me and useful for my own N-400 case.  

I follow the CRBA applications on the forum as a person with a USC husband living outside the US... and I see how they deny CRBA applications because "yeah we see you had a bank card and transactions were made in the US with said card during that 5 year period but how do we know it was YOU using the card?"... "how do we know you weren't outside the US at that time???'
Either way his child is either a USC or not... and there are some barriers to proving that fact.... 
There is a person going through the London embassy dealing with this issue right now... I'm not sure how to overcome that barrier other than passport stamps. 

Don’t give up, you are almost there. And at this point , I also suggest you file a complaint with the Office of the Inspector General/ Department of State. It is I believe, where abuse/ fraud by embassy personnel needs to be lodged . It will not count against you or your child, as I know you fear that, but I do believe they will do a bit more than ignore you .
 
https://www.stateoig.gov/
 
You can also print out all of your unanswered emails , and send them by certified mail to the Embassy, Attn:  Ambassador. with a big HELP heading.
 
 

Thank you so much! I called the duty officer but his secretary claims he is busy with a missing persons case right now and to send him an email and he will reach back out. She said it will be a while before i hear back but if I dont hear back in 24 hours, then to call back. 
I am going to send an email AND fill out the form you suggested too for the Emergency Passport. 
I've had enough of this now and I am booking our flight home for next week. 
They WILL give me his passport or an emergency passport as this has been almost 4 years of this back and forth.  I’ve found the congresswoman for dads city but nothing about a Case Work Organization form so I will be calling them as soon as they’re open! 
DX Delivery is the courier service and they DO NOT answer phones. It’s impossible to get a hold of someone but I will definitely be paying for another tracking. The issue is that they cannot locate my old tracking as its expired so they will have nothing to link the new tracking to. 

Thank you so much! I called the duty officer but his secretary claims he is busy with a missing persons case right now and to send him an email and he will reach back out. She said it will be a while before i hear back but if I dont hear back in 24 hours, then to call back. 
I am going to send an email AND fill out the form you suggested too for the Emergency Passport. 
I've had enough of this now and I am booking our flight home for next week. 
They WILL give me his passport or an emergency passport as this has been almost 4 years of this back and forth.  I’ve found the congresswoman for dads city but nothing about a Case Work Organization form so I will be calling them as soon as they’re open! 
DX Delivery is the courier service and they DO NOT answer phones. It’s impossible to get a hold of someone but I will definitely be paying for another tracking. The issue is that they cannot locate my old tracking as its expired so they will have nothing to link the new tracking to. 

Hopefully , @jan22 has some suggestions and sees your post.

Hi Mike,
 
not sure if we have the CRBA yet. I’ve contacted the embassy twice for updates and i’m just told to check the tracking number via automated response. The next issue is that the tracking number doesn’t even work. 
i have no way of finding out the status ag this point unless i continuosly email them (which ive been doing and they just send the automated response to each email i send and stop responding after 3 emails. ) or calling them which sends you to an automated system or an extension that rings into nonexistence. 
i feel defeated. 
 
im sorry i dont understand any of the Canada stuff. I will look up what the Canadian eTA is and what ‘icon up’ means. I dont want to do anything to jeopardize my sons citizenship. Whilst i watch and interact with a lot of illegal migrants who are quietly living in the states, i dont want to be looking over my shoulder every minute wondering if my child will be taken for entering illegally. Filtering into the states early in the morning sounds like a naughty move lol. Please correct me if im wrong 

It’s illegal as hell.  There is even a law, the Administrative Procedures Act that was passed to give citizens relief from bureaucrats who refuse to comply with their own policies.  However you would have to hire an attorney to sue in Federal Court.  And while I suspect the Department of State would move quickly to settle by presenting your child’s CRBA and passport, plan on spending $10,000 or more. 
 
I’ve provided the cheaper alternative.  

Those were already provided. They said it doesn’t prove that it was actually me in the store or at the atm, even though they asked for that initially as proof of physical evidence. I also provided atm receipts. 
but thanks for your response. 

Thanks Mike. Its been drafted and signed by the both of us and the courier will be collecting it this week. 
 
thanks again!

Those were already provided. They said it doesn’t prove that it was actually me in the store or at the atm, even though they asked for that initially as proof of physical evidence. I also provided atm receipts. 
but thanks for your response. 

Your cover letter should be co-signed by the father and state that the child qualifies for citizenship based on the father and why.  Then summarized the evidence behind the cover letter.  

Sorry for the length of this, but i wanted to provide as complete a clarification of a couple of things as i could!  
 
Based on your responses to others after I posted these questions, it seems like what they are questioning now is your acquisition of US citizenship and not your physical presence, but I'll talk about the physical presence part first anyway, just in case it is still questioned.
If a child of two US citizens is born out of wedlock outside the US, and the father meets the criteria of INA 309(a), then per INA 301(c) the only physical presence requirement is that at least one of the parents needed to have had a US residence at any point in time prior to the child's birth -- as long as it was a place in the US where the parent actually lived (and not just a hotel or visiting at family members' houses, etc.), even one day is sufficient to establish a residence for the purpose of transmitting US citizenship. [NOTE:  The birth of a child to two US citizen parents is the only situation in which "residence" versus "physical presence" is used to evaluate the acquisition of US citizenship at birth for a child born outside the US.] So, did the father meet the requirements of the "new" INA 309 (a) as it was revised: Blood relationship between father and child is established through clear, convincing evidence -- he is on the birth certificate and per your response, they didn't ask questions about the relationship, so:  Yes. Father was a US citizen at the time of the child's birth -- he was born in the US, so:  Yes. The father has agreed, in wrting, to support the child until the child is 18 -- you indicate the DS-5507 was submitted by your lawyer, so:  Yes. While the child is still under the age of 18, the child is legitimate under the laws of his/her residence; or, the father acknowledges paternity under oath; or, a court establishes paternity -- the father's on the birth certificate and signed the DS-5507, so:  Yes -- only needed one, but  met two of the criteria. There should have never been a question, therefore, about the length of your physical presence in the US.  I went through the details here so if it still is presented as an issue, you can say that your child acquired citizenship under INA 301(c) because the father met the criteria of the "new" INA 309(a), which will show them you know what's what!  (You can take a look at all this at https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html#:~:text=A person born abroad in,prior to the person's birth.).
 
To me, it sounds like you were likely issued a limited-validity emergency US passport allowing for direct return to the US which did not require you to submit all of the normal primary evidence of US citizenship -- that would be submitted when you then applied for the full validity passport once in the US.  (Although I am a little befuddled by the sealed envelope, unless it was just the sealed envelope in which they sent you the passport that they told you not to open until the airport so you didn't lose it!)  The important thing to note here is that Embassy London issued you some form of a US passport that was accepted for US entry (and you got another passport later on, right?).  They should be able to find the passport service they provided and any other passport applications you have filed in their computer system and verify the information they are asking you for, especially for all of the time and effort they costed you by requiring physical presence information that was likely unnecessary, IMO. 
 
However, if they are not, and acknowledge that they are still unsure about the documentation of your US citizenship -- which they might not, as they really should not be re-adjudicating your citizenship just because of the CRBA application -- you can ask officially ask them to do a File Search to verify your citizenship. Unfortunately, there is a $150 fee for that, but it should end all questions (and, sometimes just asking for it will get them to take a look without charging the fee).  There is, of course, also a form to fill out.  If you go to https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html#:~:text=Request a File Search&text=The File Search fee is,to the Department of State and scroll all the way to the end, there is a link to the form.
 
Good luck!

Alien number should be in her immigration visa. 
 
Thus if she doesn’t have an alien number, she didn’t have an immigration visa.  Thus an N-600K application made on her behalf is a credible possibility and perhaps explains the strange entry to the USA with the sealed USA passport and strange travel orders.  
 
But she says she had an immigration visa at some point.
 
If so, I am  curious if an I-407 was ever submitted on @Depressed M’s behalf.   If so then that would be a credible premise for an N-600K filed on her behalf, and  that would explain a lot of the strangeness of this case. 
 
As for the N-600K for her son, my understanding is that given the strong evidence the son was a USA citizen from birth, an N-600K, (whether based on his mother’s, father’s, or grand father’s physical presence) is a non starter. I would avoid N-600K for the son as it might just trigger a repeat of this experience decades later when he has a child who is born outside the USA.  Getting a CRBA through the father seems like the higher percentage play now. 

You do not need to wait for the FOIA , that was a suggestion just to unravel the mystery and you don’t need to wait for the entry/exit records. I don’t know why your attorney advised you to HOLD BACK the father’s DS-5507 because that would have resolved this months ago. @jan22 s post can literally be used as a cover sheet for the packet ..use it as a script in any dealings with embassy . 

Believe me! The headache is shared lol. I am very grateful for them though. I filled the forms out with my mother initially and had my embassy friend look over them and she shook her head and told me to get a lawyer lol. I would have effed it right up! 
whats crazy is that my mother and i both worked in immigration for the UKBA so we thought we knew our sh!? But the bloody laws change weekly so it was hard to keep up 😩🤦‍♀️