Consular Report of Birth and passport received

naso said:
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
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The number 202-501-4444 is the same line as the toll-free number
1-888-407-4747 that I called earlier, see:
http://www.travel.state.gov/about/info/info_308.html#children

Just for the heck of it, I just called the 202-501-4444 number and talked to a customer service rep there (this time it was a guy). Again, I asked the question three times, just to make sure, and he said that, absolutely, 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.

When I told him about your situation, he said that a CBRA should not have been issued in your case.

I still very much want to know which conslate you got a CBRA at. This is important for the other readers of this forum in order to understand if the information you are providing is correct or if what happened in your case was just a fluke. It is possible that the people working at that particular consulate are interpreting the law incorrectly.
 
Maybe I am just lucky, or the consular have no i dea what he was doing. What i was telling is correct
 
baikal3,

As i have said, maybe they made amistake. So, what do you suggest for me to do. I think i should go back to the consular officer and tell him you made amistake and see how he will react
 
naso said:
Maybe I am just lucky, or the consular have no i dea what he was doing. What i was telling is correct
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Naso - May be you were lucky. But you dont want USCIS coming back and create problem for your kid when they realize the issue. USCIS have incorrectly issued benefits in the past and came back to take them away. I am sure you dont want your kid to complain on these forums after 20 or years because the issue came back to haunt him/her.

May be your case was genuine and you got everything right. But if it was just your luck and you got it because the consular office incorrectly issued, they will realize sooner or later and will come back to revert the decision. Ofcourse, you can still ignore the issue. Congrats anyways and enjoy.
 
naso said:
baikal3,

As i have said, maybe they made amistake. So, what do you suggest for me to do. I think i should go back to the consular officer and tell him you made amistake and see how he will react
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Actually, in your place I'd talk to an immigration lawyer first.
 
naso, with all due respect if your story is true I think the CRBA was issued in error. Your child might be in possession of a passport, but as it was fairly clearly acquired by administrative mistake your child will always have the risk of having the citizenship stripped from him/her. The problem is that when that happens it might be too late to do things lawfully. I would recommend you to get in touch with the State Department as baikal has done and straighten out your situation. Remember, your child might need a certificate of citizenship in the future or something similar and someone might look at the case with fresh eyes, discover the mistake and leave your adult son or daughter with nothing. I don't mean to scare you, but the law is very clear and I don't believe it includes granting citizenship to children born abroad to parents who were not US citizens once they become citizens. There has to be a Green Card/Permanent Resident step. Anyway, I can assure you that the "it was not my fault" defense will probably not work if this error is caught in the future. Why do you think they did not make a mistake? Have you tried to call the State Department as baikal did?
 
I would suggest you contact that State Department number and you let them know what they did at the consulate and if that's right. Otherwise you can try to obtain a certificate of citizenship (form N-600) with USCIS. You might get lucky and they make the same mistake as the State Department, but I doubt it. Of course, with the N-600 if the passport was wrongly issued, which I think it was you will waste the money as they will just deny the application. My concern is that if the mistake is discovered when your child is already an adult it will be too late to derive citizenship from you the proper way.
 
Huracan, baikal3,

Thank you so much for the nice advice! When i said i will go back to the US embassy, i ment it and i am going to do that tomorrow to correct the siutation. I just taked to my wife and she encouraged me do so. We want our son to have fair and straight process. Again, you guys are good and i think this is the right thing we should do
 
absrao said:
Naso - May be you were lucky. But you dont want USCIS coming back and create problem for your kid when they realize the issue. USCIS have incorrectly issued benefits in the past and came back to take them away. I am sure you dont want your kid to complain on these forums after 20 or years because the issue came back to haunt him/her.

May be your case was genuine and you got everything right. But if it was just your luck and you got it because the consular office incorrectly issued, they will realize sooner or later and will come back to revert the decision. Ofcourse, you can still ignore the issue. Congrats anyways and enjoy.
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Thank you for your nice words. I can assure you i love my kids so so much and i don't want anything to hurt them. Yes i got every paper, document, cetficitae, and etc perfectly and it was not my amistake but still i shouldn't go that way. Again, i am going tomorrow to correct the issues and meet with the consular officer and i am sure he will appreciate that
 
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absrao said:
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 ?
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1-he was born while i was waiting for the N400 interview
2- My wife not a citizen
3-Yes. After the oath and got the passport i went to the country of origin and applied for my child CBRA and Passport at the Consulate
4- place of birth on my child passport mentioned as country of birth but the CBRA indicated he acquires citizenship at BIRTH
4-
 
Huracan said:
I would suggest you contact that State Department number and you let them know what they did at the consulate and if that's right. Otherwise you can try to obtain a certificate of citizenship (form N-600) with USCIS. You might get lucky and they make the same mistake as the State Department, but I doubt it. Of course, with the N-600 if the passport was wrongly issued, which I think it was you will waste the money as they will just deny the application. My concern is that if the mistake is discovered when your child is already an adult it will be too late to derive citizenship from you the proper way.
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i remembered Consular said FS 240 is a proof of citizenship and no N 600 needed
 
naso said:
i remembered Consular said FS 240 is a proof of citizenship and no N 600 needed
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Hi naso,

Yes, if the FS 240 has been issued correctly you don't need N-600. I was kind of suggesting (not very seriously as I think you would waste money) it as another way of verifying the FS 240 was issued correctly. N-600 depends on USCIS and FS 240 on Department of State. Anyway, I hope you can get the situation straightened out.
 
There might be another twist to your case. Does your wife have a Green Card? Perhaps this could apply:

"As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate."

In this case the baby would get permanent resident status automatically upon returning to US with the mother and then citizenship automatically through you.

Anyway, please let us know how it goes with your inquiries and see if they point you to a specific law by which they granted your child the CRBA.
 
baikal3 said:
Any why not?

I'd like to look-up the website of that consulate and read their procedures for requesting a CBRA.
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The OP is afraid that one of the members may send a note/call the consulate to tell them that they are applying the law incorrectly. Looks like OP is not the only one who got CRBA from this consulate ... they seem to have screwed it up for lot of people from that country.

Looking at OP's sig, his n400 journey took longer than normal with some hiccups and naturally he was happy when he got this CRBA "bonus" ... hopefully he will straighten this out ...

Good luck naso
 
Huracan said:
There might be another twist to your case. Does your wife have a Green Card? Perhaps this could apply:

"As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate."

In this case the baby would get permanent resident status automatically upon returning to US with the mother and then citizenship automatically through you.

Anyway, please let us know how it goes with your inquiries and see if they point you to a specific law by which they granted your child the CRBA.
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No. My wife does not have a GC. My friend called me before i even start CBRA process and he told me at his oath ceremony the IO said everybody has a child 10 years or younger is atumatilly a USC even if he lives in overseas and this is what encourges me to go to the embassy. I remebered when i called the state department the rep told certain cercumstances applies. Tomorrow i will know from the consular section
 
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ksam said:
The OP is afraid that one of the members may send a note/call the consulate to tell them that they are applying the law incorrectly. Looks like OP is not the only one who got CRBA from this consulate ... they seem to have screwed it up for lot of people from that country.

Looking at OP's sig, his n400 journey took longer than normal with some hiccups and naturally he was happy when he got this CRcharlBA "bonus" ... hopefully he will straighten this out ...

Good luck naso
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If my N400 process took longer this is has nothing to do with CBRA. At the end, if the consulate revoked the CBRA and the passport it is ok with me as long as i did not give any false infromation
 
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