Consular Report of Birth and passport received
- Thread starter naso
- Start date
Finally, i got the CBRA and the Passport for my child today
Notice:
(my child was born before i obtained the citizenship)
I find this extremely surprising. Could you clarify your situation?
My understanding is that if the child was born abroad before you became a U.S. citizenship, that child would not automatically become a citizen upon your naturalization.
I really don't understand how your child could have been issued a CBRA and a U.S. passport. My understanding is that in cases like this (where someone is not born a U.S. citizen), the child of a U.S. citizen would need to first obtain a green card and if, that happens before the child's 18th birthday, the child automatically becomes a citizen then. But that does not seem to be what happened here.... Or was the other parent of your child a U.S. citizen at the time of the child's birth?
No. My child was born abroad before i obtained the citizenship. I thought too before I went to the US embassy. I did contact the American services unit at the state department and they confirmed regardless of when the child was born as long he is 18 years old or younger he is automatically a USC at BIRTH. I asked them about the laws I read on the internet they have told me there are certain circumstances applied. I went to the embassy and I asked the consular that my child was born 4 months before I naturalized and he said IT DOESN'T MATTER. At the end I am done, my child got his report of birth abroad and indicated the child acquires citizenship at BIRTH "it looks like birth certificate", and the passport valid for 5 years I am so happy. I realized alot of people in this board who thought they know the laws infact they DON'T
Again, you can get CBRA even if your child was born before you became USC
Again, you can get CBRA even if your child was born before you became USC
Very very strange. Perhaps there is some sort of special provision for the cases where the birth of a cild happens a very short time before the parent's naturalization. But the last sentence in your post is definitely not true, that is what the Child Citizenship Act of 2001 is about.
It is very true. Just call the state department, american citizen services unit. By the way, when i went to pick up the CBRA and the passport, the consular made copies of the CBRA and passport and my passport and he certified these copies as original and handed me the application for social security card and i completed and gave it back to him and he said the social security card will be mailed to you in 10 days and gave me the original documents back
Fees for CBRA is $65 and $85 for passport.
Fees for CBRA is $65 and $85 for passport.
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MasterArcht
Registered Users (C)
which consulate (country) did you report the birth to? Did they require that you are a permanent resident of that country to complete the CRBA? Thank you.
Mr Vertigo
Registered Users (C)
That is clearly not true. Your case is a fluke, and I would assume, a simple mistake by an uninformed consulate agent. The law is very clear:
You claim your child did not fulfill the permanent residency requirement, when that is clearly stipulated in the law. You can draw your own conclusions.
http://travel.state.gov/visa/immigrants/types/types_1312.html#2
My thinking exactly. It appears that the OP's son was issued a CBRA and a U.S. passport in violation of the law and basically due to incompetence of the consular officer who approved a CBRA. Legally this creates a rather strange situation for the OP's son if the mistake is ever discovered in the future...
Triple Citizen
Registered Users (C)
It is either what you have mentioned, or there is something more that the OP has not shared yet.
My son was not issued a CBRA and a U.S. passport in violation of the law. I did ask the consular officer that my child was born before i got the citizenship and he said IT DOESN'T MATTER. Also, you can call the state department, American services unit about this and they will confirm it to you. Do you think you know the law more than the US consular officer?. At the end, my son got his CBRA at BIRTH and US passport.
So which consulate was it that issued a CBRA?
It doesn't matter which consulate issued the CBRA. Just pick up the phone and call state department, american services unit and ask them "if my child was born before i got the citizenship and he is younger than 18 years can i apply for consular report of birth and US passport, if he said yes, asked him about the law and the circumstances. This what i did and they said REGARDLESS when the chid was born he aquires citizenship AT BIRTH
Congrats on the passport Naso.
You mentioned your child was born outside US 4 months before you got your citizenship. Just curious,
1. Were your child born outside US while you were in US as GC holder and waiting for Naturalization ?
2. Was your wife Citizen at the time of Birth ?
3. Did you go to the country of birth after you got your Citizenship and apply for your child passport at the Consulate in the country of birth ?
4. What is the place of birth on your child passport mentioned as ? US or The country where he/she was born ?
Since you insisted, I just called the State Department office of overseas citizens cervices, at 1-888-407-4747. I spoke to a customer service rep there and asked her the question exactly as you put it. Not surprizingly, she said that at least one of the parents must be a U.S. citizen at the time of the child's birth in order for a CBRA to be issued. When I told her about your situation, she was extremely surprized and said that unless there is more to the storry, a mistake was made in your case and a CBRA should not have been issued. She was not sure what the legal implications are for the person to whom a CBRA was issued by mistake, but she thought that both a CBRA and a U.S. passport may be revoked by the State Department in the case of an administrative error having led to their issuance. She also suggested calling the State Department office of vital records at 202-955-0307, to double-check both the law and the implications of a possible mistake in the issuance of a CBRA. I did that, but did not manage to talk to a live person there, as they have rather a maze of an automated menu.
I just managed to get through to a live person at 202-955-0307 (when you get to their main menu, you have to keep pushing 0; if there are no free lines available, the system will keep returning you to the main menu, but when a line frees up, you'll be transferred to a live person). I talked to a customer service rep there. The guy said that absolutely and most unequivocally, at least one of the parents must be a U.S. citizen at the moment of the child's birth in order for a CBRA to be issued. I double-checked and asked the question again, describing your situation. He said that if none of the parents were U.S. citizens at the time when the child was born and one or even both of the parents became U.S. citizen later, the child is NOT eligible for a CRBA.
Let me tell this. When i went the embassy to apply for the CBRA and the passport, there was a person ahead of me with his 6 years old daughter although he got this citizenship before three months. I asked him your daughter is 6 years old and noway she can get CBRA and passport. the consul call his name and he was approved for CBRA and US passport and he was so happy atleast he doesn't have to go through I-130 process. I did ask the consular about the laws i read on the internet and he said certain circumstances determined by the consular officer applied. Anyway, i am done.
Like I said, most likely this is due to incompetence of people working at that particular consulate. Why aren't you willing to tell us which consulate it was?
If you are correct, you have nothing to hide here.
It is not about me, i am no the person who approved the CBRA and US passport and i think it is not that important to know which consulate. call 202 501 4444 if the consulate found that there was an administrative error i have no problem with that because it was NOT my fault, right?
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