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ali2023

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  1. Thanks
    ali2023 got a reaction from ali34 in CRBA denied at Toronto consulate while i-130 pending   
    Sir can you please forward me the official documentation of this process.
  2. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    You need to fill out I-864W for your child. Not I-864.
     
    Not for your child. Your child will be a U.S. citizen after entering the U.S. on the IR-2 visa.
  3. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    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.
  4. Thanks
    ali2023 reacted to Family in CRBA denied at Toronto consulate while i-130 pending   
    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? 
  5. Thanks
    ali2023 reacted to Crazy Cat in CRBA denied at Toronto consulate while i-130 pending   
    Isn't this a case which the consulate could process and approve the I-130 for the child? 
  6. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    OP likely was a U.S. citizen from birth. The same embassy that denies CRBAs to our most vulnerable U.S. citizens routinely issues visas to U.S. citizens. It is a cluster.
  7. Thanks
    ali2023 reacted to InspectorGrover in CRBA denied at Toronto consulate while i-130 pending   
    Ok, not sure why I can't find the edit button on my previous comment. I misread the thread earlier, you were not born in the US. So the 2009 work permit was required because you did not have your citizenship yet, correct? 
  8. Thanks
    ali2023 reacted to InspectorGrover in CRBA denied at Toronto consulate while i-130 pending   
    Why did you need a US work permit in 2009 if you are a US Citizen?
  9. Thanks
    ali2023 reacted to jan22 in CRBA denied at Toronto consulate while i-130 pending   
    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.
  10. Thanks
    ali2023 reacted to mam521 in CRBA denied at Toronto consulate while i-130 pending   
    The OP can call and request the I-130 be expedited.  No guarantees though.  
  11. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    How many days of physical absence did you list on your N-400?
  12. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    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?
  13. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    Do you hold of these:
     

     
    Or one of these:
     

  14. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).
  15. Like
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    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?
     
  16. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    Citizens and nationals (basically, American Samoans) can get U.S. passports but nationals are not citizens.
     
    But I think you meant to ask:
     
    “What’s the difference between  certificates citizenship and naturalization?”
     
    Glossing over details  …
     
    Naturalization is a process an adult goes through to become a citizenship. Once complete they get a certificate of naturalization. Usually they are LPRs first. Form is N-400
     
    A certificate of citizenship is issued to people who became citizens as children:
     
    * they were born outside the U.S. and became citizens at birth because their parent(s) were U.S. citizens and had enough physical presence to convey citizenship to their child. Usually these children get a crba. N-600 is filed when they do not get  a crba.
     
    *  they were born outside the U.S. (or born inside the US to foreign diplomats). Before they reached age 18, two things happened:  they became LPRs and a parent was a citizen (either at birth or later) . N-600.
     
    * they were born outside the U.S. and before they reached age 18, three things happened: a  parent was U.S citizen, the parent or parent’s US citizen parent had enough physical presence, and they took oath of citizenship in the U.S. N-600K.
     
     
     
     
     
  17. Thanks
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    All physical presence prior to the birth of your child count whether as a U.S. citizen, LPR, non immigrant visitor, non immigrant worker, illegal alien, U.S. national, citizen of compact of free association states, etc
     
     
  18. Like
    ali2023 reacted to Chancy in CRBA denied at Toronto consulate while i-130 pending   
    Apply for your child's CRBA again.  For that next attempt, make sure to document all your US physical presence before your child's birth, including time spent in the US on work permit and as a visitor.
     
  19. Haha
    ali2023 got a reaction from Mike E in CRBA denied at Toronto consulate while i-130 pending   
    Indeed He is amazing
  20. Like
    ali2023 got a reaction from Lemonslice in CRBA denied at Toronto consulate while i-130 pending   
    Indeed He is amazing
  21. Like
    ali2023 reacted to Mike E in CRBA denied at Toronto consulate while i-130 pending   
    Your N-400 thus shows at least 4.25 years of physical presence. This is a record that USCIS accepted as gospel.
     
    Since filing N-400, you just needed 0.75years of physical presence. It is hard for me believe that between filing N-400 and when your child was born, you did not have at least 0.75 years of physical presence.
     
    I would get a FOiA of your N-400 and take one more run at this while filing I-130 for your child.
     
     
  22. Like
    ali2023 reacted to SalishSea in CRBA denied at Toronto consulate while i-130 pending   
    @Mike Ewow........you deserve an award for this one!
  23. Confused
    ali2023 got a reaction from SalishSea in CRBA denied at Toronto consulate while i-130 pending   
    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 
     
  24. Confused
    ali2023 got a reaction from SalishSea in CRBA denied at Toronto consulate while i-130 pending   
    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
  25. Confused
    ali2023 got a reaction from SalishSea in CRBA denied at Toronto consulate while i-130 pending   
    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 
     
     
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