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tourist visa denials


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#21 Fritz

Fritz

    Experience is what you have left after you have lost everything

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Posted 08 February 2014 - 04:31 PM

I found the relevant USCIS Policy manual direction. N-600K is a special case. Make sure to include the imformation that it is an N-600K filing and you might want to quote the USCIS. That will be a little more authoritive than ACA.

http://www.uscis.gov...H-Chapter5.html

D. Temporary Presence by Lawful Admission and Status in United States

1. Temporary Presence and Status Requirements

In most cases, the citizenship process for a child residing abroad cannot take place solely overseas.

The child is required to be lawfully admitted to United States, in any status, and be physically present in the United States;[8]

The child is required to maintain the lawful status that he or she was admitted under while in the United States;[9] and

The child is required to take the Oath of Allegiance in the United States unless the oath requirement is waived.


As Ray said, there was important information missing. The N-600K implements Section 322 to provide an alternate entry for children who are able to receive derivative citizenship from parent or grandparent. That extra bit of data makes a huge difference in the procedures.

The standard procedure for a child who is eligible to receive derivative citizenship is the CRBA that the Embassy requested. Given the response from the Embassy they may be unaware of the Section 322 relaxation of the requirement for immigrant visa status for anyone intending to claim citizenship.


The adventure continues
Fritz

Been doing a little more digging since I got home. The US embassies that do include N-600K information say nothing whatever about a related visa. USCIS does not authorize a visa, they only require the applicant to be legally present. Which visa the consular desk will approve is up to the local consular officers. There appears to be no requirement for the embassy to approve a visa on the basis of an approved N-600K. USCIS appears to assume that you have taken care of the visa prior to filing the N-600K.

If the embassy does not approve the B visa when you reapply with an explanation of why you need it and evidence of an approved N-600K, then if the the child is eligible to claim derivative citzenship from a parent, the CRBA is the recommended alternative. This does not require a US visa and awards the child a US birth certificate and permission to apply for a US passport prior to entering US.

If the child is unable to file for CRBA, then file I-130 for an IR-2 visa. If the child is eligible for citizenship under N-600K rules, then you will be able to apply for a US passport immediately upon arrival in US. The Certificate of Citizenship is optional if the passport is approved. The basis for the passport application is "minor child of a US citizen (adopted or natural) who is present in US as a Legal Permanent Resident

I wish you the best of luck convincing the Embassy to bend their rules concerning tourist visas.

Edited by Fritz, 09 February 2014 - 03:51 AM.

May you find what you want in life,
know it when you see it and
have the good luck to get it
... and keep it!!!


#22 Fritz

Fritz

    Experience is what you have left after you have lost everything

  • Root Admin
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Posted 08 February 2014 - 04:38 PM

duped instead of edited...

Edited by Fritz, 09 February 2014 - 03:16 AM.

May you find what you want in life,
know it when you see it and
have the good luck to get it
... and keep it!!!





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