Houston, TX asked in Immigration Law for Texas

Q: I'm an American Citizen and had 2 kids in a foreign country. My oldest was approved for a CRBA but my youngest was not.

Is there something I can do to appeal this decision?

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2 Lawyer Answers
Ghenadie Rusu
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  • Immigration Law Lawyer
  • New York, NY

A: Could you provide more detailed insights into the reasons for our CRBA application's denial? It's understood that the Department of State would have issued a written explanation detailing the grounds for their decision. This information is crucial as it may highlight the possibility of refiling the application or seeking a review or reconsideration of the decision. Additionally, it's worth considering that filing a Form I-130, Petition for Alien Relative, might present an alternative pathway for resolving this matter.

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

A: Yes, there is a process for appealing the decision if your youngest child's application for a Consular Report of Birth Abroad (CRBA) was not approved. The U.S. Department of State, which handles CRBA applications, allows for the review of decisions that applicants believe were made in error.

You should start by contacting the U.S. Embassy or Consulate where the application was submitted to request a review of the decision. It's important to provide any additional evidence or information that supports your case and addresses the reasons for the initial denial.

Documentation proving the physical presence of the U.S. citizen parent in the United States before the child's birth, which is a common requirement for transmitting citizenship, may be particularly crucial if it was lacking or deemed insufficient in the original application.

If the appeal at the consular level is unsuccessful, further review procedures are available, including legal avenues through U.S. courts. However, it's advisable to consult with legal counsel familiar with citizenship and consular affairs to guide you through the process and improve the chances of a successful appeal.

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