ali2023

On 4/16/2023 at 7:11 PM, Mike E said:

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen
 

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens.

Hello Mr.Mike , How are you ?

as you advised I applied I-130 for my new born. The I-130 approved and case is at NVC.now I am filling out application and 1-864 affidavit of support. the nvc already paid 120$ for 1-864 affidavit of support. I don't know why they paid it already.

now the question is I don't make enough income. DO I need co-sponsor for affidavit of support as you said child will become USA citizen upon stamping the visa at port of entry.

all I want to know do I need to provide NVC enough income. I do have co-sponsor.

as discussed before my wife is also waiting for Montreal interview and I requested them to please expedite my baby I-130,which they did.

many Thanks for all your help.

On 3/29/2023 at 12:04 AM, Mike E said:

The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).

Sir can you please forward me the official documentation of this process.

On 3/29/2023 at 12:04 AM, Mike E said:

The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).

(The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).)

Hello Sir,

                 Hope you are doing ok.

so there are two ways to make child citizen.

one is apply for CRBA

2nd the way u told me to apply I-130, get the visa and as soon as the child is entered into the US, the child will become USA citizen please guide what we will need to do after entering the US to apply for the passport and citizenship certificate, also would that child be considered as born US citizen ?

Many Thanks and have a nice day

20 hours ago, Mike E said:

Do you hold of these:

 

 

Or one of these:

 

whats the difference between citizenship and nationality ?

20 hours ago, Mike E said:

So this means you were a green card holder for at least 5 years, then naturalized.

 

What was the “resident since” date on your green card?

Sir please tell me one thing

my all visits into the USA can accumulate to 5 years or only green card based five years.

cuz I did not document my (2009) one year stay on work permit, and then some trips to USA as canadian visitor.

do that all accumulate to equal to five years.

9 hours ago, Jorgedig said:

@Mike Ewow........you deserve an award for this one!

Indeed He is amazing

2 minutes ago, Mike E said:

How many days of physical absence did you list on your N-400?

I forgot

around 6 months total I guess

Just now, Mike E said:

So this means you were a green card holder for 5 years, then naturalized.

 

What was the “resident since” date on your green card?

Sep-2015

1 minute ago, Mike E said:

Do you hold of these:

 

 

Or one of these:

 

Top one 

thx

13 minutes ago, Mike E said:

The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).

ok cool

2 minutes ago, Mike E said:

Wow the plot thickens.

1. Did you get your green card after age 18?

 

2. Just before you got your green card, what type of visa did you have to enter the U.S.?

 

3. For how many years have you been a U.S. citizen?

 

1. Did you get your green card after age 18?

yes Sir

2. Just before you got your green card, what type of visa did you have to enter the U.S.?

entered US as canadian citizen

3. For how many years have you been a U.S. citizen?

since Sept-2021

2 hours ago, Family said:

Need a bit clarity for the seven years you claim to have lived in the US ..so please help by answering; 

Year / date of child’s birth?
 

Years / dates you were PHYSICALLY presentYear  in the US ? 

2164 days in USA

85 days in Canada

 

Did you get your certificate through consulate ( CRBA) or in the US ( N-600)…

N-600

And last of all how old are you? It matters how they calculate part of the 5 yrs to be after 14
I am 43 years old

 

Year / date of child’s birth?

Oct-2022

Years / dates you were PHYSICALLY presentYear  in the US ? 

09-2015 till now I am living in USA except 

46 minutes ago, Mike E said:

I think you need to clarify how you became a U.S. citizen.

 

1. which parent was a U.S. citizen?

2. Where was that parent born?

3. Was that parent a U.S. citizen before you were born?

4. Did you ever have a green card?

5. Did you ever live in the U.S. before age 18?

 

 

I am thinking it was from an N-600K

1. which parent was a U.S. citizen?

father 

2. Where was that parent born?

india

3. Was that parent a U.S. citizen before you were born?

no 

4. Did you ever have a green card?

yes

5. Did you ever live in the U.S. before age 18?

no

36 minutes ago, Mike E said:

Well TIL.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html says that is indeed an option.

Thanks Mike 

ok if all goes well, and my child I-130 accepted at the MTL embassy along with my wife.as these days we are filling out DS-260 for my wife.

when this child  enters into US

would  this child complete 5 years before applying citizenship ?

thanks 

3 hours ago, Family said:

You should appeal the denial IF you. can demonstrate the 5 years ( 365x5= 1,875 days ) BEFORE child was born. Those physical presence days can be accumulated from any period before the birth..including the 2009 on work permit. 
 

How did Officer calculate ? What periods did she give credit for and what period did she diminish? 

I got a question :

they gave me certificate of citizenship after completing five years Right ?

I got citizenship certificate one year before child birth.

should not that be enough ?

If that is enough then the lady at Toronto consulate is not recognizing it as a legal document?

plz tell me am I right or wrong 

17 minutes ago, jan22 said:

A couple of quick questions:

• Did you have any time you spent in the US prior to 7 years ago that you did not include?  Vacations? Schooling? Shopping? Visiting family?  All that time would also count, regardless of your status, and might shore up your caseentioned passport stamps of international travel in your list of documentation. 
• You mentioned passport stamps for international travel in your documentation list.  Was that travel to countries other than Canada?  If so, is that time you just didn't mention in your post or is it included in the 2164 US days?  If included in the 2164, how many days total were you outside the US on those trips? 
• In your count of time spent in the US, are you counting only the time before the birth of the baby?  If not, you need to subtract the time after his/her birth as it does not count toward the required five years and should not be included.

BTW, I am assuming that your US citizenship was acquired before the bIrth of your baby, but thought I would mention that, since I don't believe you actually stated that fact.

 

And, just to clarify one point, you said that you have "been living" in the US for the past 7 years.  The requirement for a CRBA is not based on residence or domicile.  When it describes the "physical presence" requirement, that means exactly what it says -- the time you were physically in the US.  Not to say this is part of your issue, but wanted to include in case it is an issue for some -- there are cases where people have spent too much time outside the US, even if it is their official residence, and don't qualify to transmit US citizenship.  Again, not saying this is your issue, but wanted to be sure people were using the correct criteria.

In 2009 I spent one year in US on work permit.

the lady officer noticed it as there was earning on my social security statement.

When we were leaving she said ur on border line.

that was totally unfair decision.

31 minutes ago, Mike E said:

Run around is a north american term that describes deceptive delaying and evasive action.

 

TO is a Canadian term for Toronto.

 

So the U.S. consulate in Toronto is behaving badly given you have more than enough evidence that goes beyond a reasonable doubt.

 

To prove that your kid is a natural born American. I said to use that for the N-600.

 

Your kid can use it to run for president.

 

Your wife is an immediate relative of a U.S. citizen (you), and so there are no derivatives for that category. You have to file an I-130 to bring your kid to live in U.S. 

 

 

 

 

 

 

Your wife is an immediate relative of a U.S. citizen (you), and so there are no derivatives for that category. You have to file an I-130 to bring your kid to live in U.S.

since my wife I-130 is current and we are filling out online application these days and collecting all the docs.should I call NVC to add another I-130 for the new born in the current case  or how should i proceed so that  both mother and new born can have interview at the same time.

Many Thanks Mike

12 minutes ago, Mike E said:

You are getting the run around from TO. 
 

File I-130 for your kid.

 

Hire a private investigator to document your lawful presence.

 

When the kid arrives in the U.S.. kid will acquire U.S. citizenship instantly.

 

Then file for your kid’s passport book and card. 

 

After you get the passport book and csrd back,  file N-600 using the PI’s report, and your kid’s stamped immigration visa. Hopefully the certificate of citizenship will date citizenship to date of birth. 

 

 

1- You are getting the run around from TO. 
what does it mean ?

2- Hire a private investigator to document your lawful presence.

why I need that and where I would use it ?

3- File I-130 for your kid.

my wife I-130 is current, how we can add our newborn in this application or do i have to start a new I-130 for new born

Thanks 

2 minutes ago, Mike E said:

How many days in the U.S. in those 7 years?

 

How did you acquire U.S. citizenship?

2164 days in USA

85 days in Canada

I was not born in USA, I acquired my USA citizenship through my father, I am also canadian citizen.

Thanks

5 minutes ago, Mike E said:

How many days in Canada the past 7 years?

85 days in canada

Thx

Sorry I hope thats how u reply here,

Thanks Mike for your response.

I submitted

social security statement containing last 7 years of work

income Tax transcripts.

my bank account statement 

car registration 

lease agreement in Virginia

passport stamps page of international travel

my frequent trips to canada in last 3 years.

thats it

14 minutes ago, Mike E said:

What evidence did you submit?

Sorry I hope thats how u reply here,

Thanks Mike for your response.

I submitted

social security statement containing last 7 years of work

income Tax transcripts.

my bank account statement 

car registration 

lease agreement in Virginia

passport stamps page of international travel

my frequent trips to canada in last 3 years.

thats it

Hello Respected Members,

                                                Hope you all are doing fine.here is my situation.

1- Toronto consulate denied our newborn CRBA due to my insufficient time spent in USA.(while I think is crazy, I been living in USA for past 7 years with many 2-4 days trips to canada, I am a USA citizen).

2-my wife i-130 is current at MTL  and we are filling out application to submit.

how we deal this situation now.

a) should I do an appeal to re-evaluate CRBA at toronto consulate.

b) how should I complete my wife i-130 application, how should we tell NVC about our new born.

how I should proceed all that.

Have a nice day

Many Thanks