Does anyone know if the parental physical presence requirements [1] for applying for a Consular Report of Birth Abroad for a child is irrespective of immigration status, legal or otherwise? I can't find an explicit law or case about this subject, but I would read that section as yes, physical presence while holding a green card would count for the five years. I would just like to find something definitive in law before the application for the CRBA is made.
The case involves a family member of mine who was naturalized as a citizen at the age of 20, after having been a green card holder and physically present most of his life (>13 years) in the U.S., with good documentation, but then spent very little physical time in the U.S. between naturalization and the birth of his child abroad. If the time spent as a permanent resident counts towards physical presence under Sec. 301(g), then everything should be good with the application.
I would appreciate if someone could direct me to code, case law, or some official statement by the government on this matter. My experience with consular officials is that they don't always know the law in these matters.
I searched the fora but did not find this question answered in this way. Maybe the answer is obvious to some but I do not understand why.
[1] INA ACT Sec. 301(g): "...physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years"
The case involves a family member of mine who was naturalized as a citizen at the age of 20, after having been a green card holder and physically present most of his life (>13 years) in the U.S., with good documentation, but then spent very little physical time in the U.S. between naturalization and the birth of his child abroad. If the time spent as a permanent resident counts towards physical presence under Sec. 301(g), then everything should be good with the application.
I would appreciate if someone could direct me to code, case law, or some official statement by the government on this matter. My experience with consular officials is that they don't always know the law in these matters.
I searched the fora but did not find this question answered in this way. Maybe the answer is obvious to some but I do not understand why.
[1] INA ACT Sec. 301(g): "...physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years"