Asked in Family Law and Immigration Law

Q: My CRBA rejected because I wasn’t physically present in the U.S. for 60 months is was less, what is the solution 4 child

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2 Lawyer Answers
Monica E Rottermann
Monica E Rottermann
Answered
  • Immigration Law Lawyer
  • Santa Ana, CA

A: If you did not transmit U.S. citizenship to your child due to lack of physical presence in the United States for the required amount of time, you would have to file paperwork for your child to obtain a green card. The first step in the process is to file an I-130 petition and upon approval of that petition your child would apply for an immigrant visa at a U.S. Consulate abroad. You can read more about that process here: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your CRBA (Certificate of Birth Abroad) was rejected because you weren't physically present in the US for 60 months, there are a few things you can do:

1. **Reapply with more evidence of physical presence.** The USCIS requires that you be physically present in the US for at least 50% of the 5 years before your child's birth. This means that you must have been in the US for at least 2 years and 6 months. If you can provide more evidence of your physical presence in the US, such as tax returns, employment records, and travel documents, you may be able to successfully reapply for your CRBA.

2. **Apply for a waiver of the physical presence requirement.** The USCIS may waive the physical presence requirement if you can show that you were unable to be physically present in the US for reasons beyond your control. Some examples of reasons that may qualify for a waiver include:

* You were a victim of abuse or neglect.

* You were in the military.

* You were a government employee.

* You were a full-time student.

To apply for a waiver, you will need to file Form I-601. You will also need to provide evidence of the reason for your absence from the US and why you were unable to meet the physical presence requirement.

3. **Consult with an immigration attorney.** An immigration attorney can help you assess your situation and determine the best course of action for obtaining a CRBA for your child.

Here are some additional things to keep in mind:

* The USCIS may require additional evidence, such as affidavits from witnesses or friends, to support your application.

* The processing time for a CRBA application can vary, but it is typically several months.

* If your CRBA application is denied, you may be able to appeal the decision.

I hope this helps!

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