CR-2 being denied N-600! Please help!

[aamirc]

My wife is a US Citizen and we had a baby in Dubai last year. The baby did not get a US passport, although my wife has stayed in the US for over 5 years, because we did not have sufficient evidence to prove her physical presence. So we were told by the US Consulate in Dubai that we could get immigrant visas and upon entering the US the baby would automatically get citizenship. We got our CR-1 and CR-2 from the US Embassy in Abu Dhabi and my wife immediately left for US with the baby.

Now the problem is that the USCIS says that the conditional residence will cause an issue in giving the baby citizenship. And that the baby should petition for removal of the conditions before applying for citizenship. Which means we have to wait for another two years!!

This sounds absurd to me as I could not find such a clause anywhere in the Fact Sheet of the Child Citizenship Act. Nor does it say on the instructions of N-600 that CR-2 is not eligible to apply for citizenship? On the contrary, we are eligible based on N-600 Instructions specified on page 1 section 5B. Now we have the 5 year physical presence evidence.

Can somebody tell me what I should do to get the citizenship for my baby right now? Can I change my baby's status to IR-2 somehow? They are still in the US while I am in Dubai, leaving for US on August 15th.

 

[Jackolantern]

There is no need to remove conditions in this situation. Even without the mother's physical presence before the baby's birth, the baby would become a citizen upon moving to the US with an immigrant visa to live with the USC mother. Go and directly apply for the baby's passport and you'll get it in a few weeks. Then it will be easier to get the N-600.

Now the problem is that the USCIS says that the conditional residence will cause an issue in giving the baby citizenship.

Did they tell you that over the phone? Or in writing after you applied for the N-600?

 

[aamirc]

Thanks Jacko! They told my wife this when she visited the USCIS, Chicago. And an hour later when she called them. But my wife told me that the guy didn't seem to have too much knowledge himself as he kept getting "further clarifications" from his peers. When I called the USCIS I was told that she can apply for N-600. So can we apply for the passport online? Is it a must to get the SS# before applying? I can see a mandatory SS# field in the online application.