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Hi everyone,I'm in desperate need of advice and guidance as all doors have been shut in our faces!
I'm a Green Card holder and my husband is a U.S. Citizen by birth and we had our first son in January of 2017 in Amsterdam,shortly after we filed for a Consular report of birth abroad and to make a long story short the consulate denied it due to lack of the "5 years residency requirement" even tho my husband has tax returns for over 8 years as well as Social security proof of how long he paid in to it and on top of that a Employer letter and pay stubs proving that he has lived in the states well over 8 years! the consulate wouldn't even guide us as to how we could fly back to the states with our son not having any U.S document ( the only thing he had at that time was a Dutch passport and a birth certificate).Not knowing what to do next my husband and i headed to the airport and spoke with Dutch airlines regarding our situation,they did call CBP in the Netherlands which i never knew they had one and explained the situation and they reported back saying that as far as they're concerned the child is clear to board the plane,when arrived at Atlanta international airport we were pulled into CBP office and regarding our child status,we were told that he is a U.S. citizen and should file N600 based on his father being a U.S citizen and as a matter of fact we told CBP the ordeal we had with the consulate about the 5 year requirement and they pulled up my husband dates of entering and leaving the country since his birth and they even said that he has way more than 5 years of residency therefore they told us we should take the N600 route which we did,we hired a lawyer who tried to communicate with the U.S. consulate in Amsterdam and provided them with a bunch of residency evidence he even sent them my husband preschool documents but that didn't help at all, the U.S. consulate came back saying that there is nothing they can do now with the child being back in the States!!!
After that our Lawyer filed N600 and they sent us a letter that we need to send USCIS a copy of Consular report of birth abroad.If we had the Consular report we wouldn't even be needing to file a N600 we could just go straight to post office and get our child his passport!
I'm really hoping i didn't confuse anyone and i'm really hoping to hear from people with a similar case or people with past experience. I Thank you all so much and wish you a happy Holiday season.
I'm a Green Card holder and my husband is a U.S. Citizen by birth and we had our first son in January of 2017 in Amsterdam,shortly after we filed for a Consular report of birth abroad and to make a long story short the consulate denied it due to lack of the "5 years residency requirement" even tho my husband has tax returns for over 8 years as well as Social security proof of how long he paid in to it and on top of that a Employer letter and pay stubs proving that he has lived in the states well over 8 years! the consulate wouldn't even guide us as to how we could fly back to the states with our son not having any U.S document ( the only thing he had at that time was a Dutch passport and a birth certificate).Not knowing what to do next my husband and i headed to the airport and spoke with Dutch airlines regarding our situation,they did call CBP in the Netherlands which i never knew they had one and explained the situation and they reported back saying that as far as they're concerned the child is clear to board the plane,when arrived at Atlanta international airport we were pulled into CBP office and regarding our child status,we were told that he is a U.S. citizen and should file N600 based on his father being a U.S citizen and as a matter of fact we told CBP the ordeal we had with the consulate about the 5 year requirement and they pulled up my husband dates of entering and leaving the country since his birth and they even said that he has way more than 5 years of residency therefore they told us we should take the N600 route which we did,we hired a lawyer who tried to communicate with the U.S. consulate in Amsterdam and provided them with a bunch of residency evidence he even sent them my husband preschool documents but that didn't help at all, the U.S. consulate came back saying that there is nothing they can do now with the child being back in the States!!!
After that our Lawyer filed N600 and they sent us a letter that we need to send USCIS a copy of Consular report of birth abroad.If we had the Consular report we wouldn't even be needing to file a N600 we could just go straight to post office and get our child his passport!
I'm really hoping i didn't confuse anyone and i'm really hoping to hear from people with a similar case or people with past experience. I Thank you all so much and wish you a happy Holiday season.
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