CRBA ? Or other ?

T

Thvora

New Member
I am a U.S. citizen married to an Indian citizen with a 10 month old son. My situation is a little tricky. As I understand it , I only partially fulfil the criteria for transmission of citizenship- I do have a physical presence in the U.S in excess of 5 years but only about 1.5 years after the age of 14 ( About 7 years before age 14)
In this case, should I apply for a CRBA ? is there any alternate route for me to apply for citizenship for my son ??
 
Was your son born in wedlock or out of wedlock? Are you the mother or father? In this 1.5 years did you also count days from any visits you made to the US after you moved away?
 
It sounds like your son did not have US citizenship at birth. So CRBA is not applicable.

Are you and your son planning to relocate to the US or continue to reside abroad?
 
The way to get citizenship for your son after birth depends on whether he is immigrating to the US or residing abroad.
 
From what I understand a U.S. citizen who has resided for 5 years transmits his citizenship to children born in wedlock.
To answer your question yes the child shall immigrate to the U.S. But after a couple of years.
 
Thvora said:
From what I understand a U.S. citizen who has resided for 5 years transmits his citizenship to children born in wedlock.
To answer your question yes the child shall immigrate to the U.S. But after a couple of years.
Click to expand...
Like you said earlier, you could not transmit US citizenship to your son at birth because you had not been physically present in the US for 2 years after your 14th birthday.

If you and the child will move back to the US, the best way is for you to petition your child for permanent residency (green card) maybe around a year before the move. The child will get an immigrant visa to go to the US, and upon entering the US, will become a US permanent resident. Then, as a permanent resident minor residing in the US with US citizen parent, the child will also automatically, immediately become a US citizen under INA 320.
 
Thanks. I guess I was just looking if there was a way around the 2 years after 14 clause given that I had completed 5 years
 
No, there is no way around that in your case to transmit citizenship to your child that would be FROM BIRTH. So, you can try to calculate again to see if you spent a total of two years (not necessarily continuously) living and visiting the US. Sometimes month-long trips do add up.

If not, the petition is necessary, but straightforward.
 
Thanks. I finally figured out the problem.....I'm missing a passport !!
Unfortunately it's not traceable, probably destroyed. Now I'll have to look if I have any other proofs available to push a CRBA .
Any suggestions on what I can use in absence of a passport ?? I was just visiting at the time.
 
Thvora said:
Thanks. I finally figured out the problem.....I'm missing a passport !!
Unfortunately it's not traceable, probably destroyed. Now I'll have to look if I have any other proofs available to push a CRBA .
Any suggestions on what I can use in absence of a passport ?? I was just visiting at the time.
Click to expand...
Do you have any appointment records, receipts, photographs, reservations, travel itineraries, or anything like that?
 
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