Question for Applying for CRBA certificate for my Daughter

[jemstar]

Question for Applying for CRBA certificate for my Daughter



Hi I am got my citizenship approximately one week before the birth of my daughter, who was born in Jamaica. I have been in the for 5 years and mths now continuously. Can I apply for CRBA certificate for her? [/SIZE]

 

[newacct]

Yes, she is a U.S. citizen at birth, and you can apply for CRBA and/or U.S. passport for her.

To clarify, it matters that you were present in the U.S. in any status for 5 years *before her birth*, not "now". But since you naturalized in the U.S., you almost certainly were present in the U.S. for at least 5 years.

 

[baikal3]

Question for Applying for CRBA certificate for my Daughter



Hi I am got my citizenship approximately one week before the birth of my daughter, who was born in Jamaica. I have been in the for 5 years and mths now continuously. Can I apply for CRBA certificate for her? [/SIZE]

The bit "I have been in the for 5 years and mths now continuously" is really unclear, especially since the relevant noun after "in the" is missing.


Whether your daughter is eligible for a CRBA depends on a number of additional factors which you did not provide in your post.
In particular: Were you and the child's other parent married at the time of the child's birth? Was the other parent a U.S. citizen at the time of the child's birth? Are you the child's mother? Or father?

The law regarding when a child born abroad to a U.S. citizen parent acquires U.S. citizenship at birth are explained at:
http://travel.state.gov/content/tra...s-policies/citizenship-child-born-abroad.html

 

[jemstar]

to answer your question
a. I am the father (us Citizen) and I was not married to the mother
b. the mother is not a US Citizen
c. I was making mentioned that I am in the US 5 years and 4 months with no visiting exceeding 6 months

 

[baikal3]

to answer your question
a. I am the father (us Citizen) and I was not married to the mother
b. the mother is not a US Citizen
c. I was making mentioned that I am in the US 5 years and 4 months with no visiting exceeding 6 months

In that case your situation is fairly complicated. I don't know if your daughter is eligible for a CRBA, but she is probably eligible to get a U.S. passport, provided you take certain steps first.
For an out-of-wedlock birth abroad to a U.S. citizen father, in order for the child to acquire U.S. citizenship through the father, it is necessary to satisfy the conditions of INA 309(a):
http://travel.state.gov/content/tra...s-policies/citizenship-child-born-abroad.html

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1) A blood relationship between the person and the father is established by clear and convincing evidence;

2) The father had the nationality of the United States at the time of the person’s birth;

3) The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

4) The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

5) While the person is under the age of 18 years --

the person is legitimated under the law of his/her residence or domicile, or
the father acknowledges paternity of the person in writing under oath, or
the paternity of the person is established by adjudication of a competent court.


So you would need to collect a fair amount of paperwork first. For satisfying 1), you'd probably need to do a DNA test.
I am not sure what kind of documentation they will consider sufficient for satisfying 4) and 5).
It may be that for 4) it would be enough for you to sign a notarized statement where you agree to provide financial support for your daghter until she turns 18. For 5) it's probably easiest to go with "the father acknowledges paternity of the person in writing under oath". But even for that I don't know if a notarized statement would be sufficient or if they'll need something more than that, such as some kind of a sword statement deposited with a family court.

 

[jemstar]

I just checked and I realized that I am not PHYSICALLY in the country 5 years as yet because I traveled very regular. is there still hope?
I am not understanding this phrase "its outlying possessions prior to the child’s birth for five years"

 

[baikal3]

I just checked and I realized that I am not PHYSICALLY in the country 5 years as yet because I traveled very regular. is there still hope?
I am not understanding this phrase "its outlying possessions prior to the child’s birth for five years"

The 5-year physical presence requirement in INA 309(a) is a cumulative requirement applies to presence in the U.S. in any status (not just as a U.S. citizen). So any physical presence in the U.S., even with interruptions, in any status (as a U.S. citizen, a GC holder, non-immigrant visa status, etc) prior to the child's birth can be counted towards satisfying this 5 year requirement.
Are you sure that your cumulative physical presence in the U.S. prior to the birth of your daughter is less than 5 years?

As for "or its outlying possessions", you can ignore that phrase. It refers to presence in some unincorporated territories that belong to the U.S., such as Guam, the Mariana Islands etc. Presumably you've never been there.

 

[jemstar]

when I check all the days I am out on vacation and took that away from my 5 years and 6 months in the states, it has not reached up to 5 years.

 

[baikal3]

when I check all the days I am out on vacation and took that away from my 5 years and 6 months in the states, it has not reached up to 5 years.

In that case your daughter is not eligible and will never be eligible for acquiring U.S. citizenship under INA 309(a), even if at a later date you do accumulate 5 years of physical presence in the U.S.

It is possible that at some point in the future your daughter may become eligible for expedited naturalization under INA 322, see the explanation at
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

For eligibility under INA 322 the U.S. citizen parent must accumulate at least 5 years of physical presence in the U.S. by the time of applying for expedited naturalization for the child (by submitting a N-600K application to the USCIS), rather than by the time of the child's birth (as is the case for INA 309(a) eligibility).
However, in order for your daughter to be eligible for expedited naturalization under INA 322, a bunch of other conditions would need to be satisfied.
In particular, you would have to move abroad and to live with your daughter there. You'd also need to obtain legal custody of your daughter while living abroad with her.

 

[newacct]

when I check all the days I am out on vacation and took that away from my 5 years and 6 months in the states, it has not reached up to 5 years.

How did you get your green card? If you did Adjustment of Status, that means you must have been present in the U.S. for a while before you got your green card. If you did consular processing, then you came into the U.S. when you got your green card. Then, you must have been permanent resident for 5 years to naturalize; although you could have had some absences from the U.S., so it could be a little under 5 years. Also, the naturalization process takes some time, so it was after 5 years that you became a U.S. citizen.

Also, did you never visit the U.S. prior to getting a green card?

 

[jemstar]

How did you get your green card? If you did Adjustment of Status, that means you must have been present in the U.S. for a while before you got your green card. If you did consular processing, then you came into the U.S. when you got your green card. Then, you must have been permanent resident for 5 years to naturalize; although you could have had some absences from the U.S., so it could be a little under 5 years. Also, the naturalization process takes some time, so it was after 5 years that you became a U.S. citizen.

Also, did you never visit the U.S. prior to getting a green card?

I have been out of the country for 354 days when I add all my vacation. I got my green card through my mom ( her dad filed for her). I have never travelled the to us until I receive my green card.

I have been here now 5 years and 5 months excluding all those vacation adding up to 354 days

 

[newacct]

From what you said about not having 5 years of physical presence before her birth, it seems that your daughter is not a U.S. citizen. If that's the case, then you would need to either 1) petition her for a green card and she will go though consular processing; when she enters the U.S. she will immediately become a U.S. citizen; or 2) apply for the N-600K expedited naturalization process for her after you pass 5 years of physical presence in the U.S.; she will need to go to the U.S. to take an oath to become a citizen.