[Cosmopolitan]

Hi there,
I moved from France to Florida in September 1995, I lived and worked there permanently until
April 2002. I became an American citizen In August 2000.

May 2011, my spouse, my baby daughter and I went the American consulate to report the birth of our child and also to apply for a SSN and an US passport as the USCIS policy allows her.
After verifying my US citizenship and a few documents proving my presence in the US, the consulate officer took my filled form and asked me to pay the appropriate fees. :clap2:

After that our consulate administration continued contacting me by phone and emails:
"WE NEED MORE PROVES THAT YOU LIVED IN THE US FOR A PERIOD OF TIME OF YEARS" :confused2:

These are the official documents I sent them:
1-Transcript of schedule of work from from the Social SecurityAdministration1996,97,98,99,2000
2 -Copies of Tax return that I still had in my possession: years 1999 and 2000.
3- A contract and schedule of payment under my name from a nationwide company for my
apartment, paid with my checks during 54 months, I lived there for almost 5 years.
4- Several financial and banking document...
5- Many paid bills... :spit:

And of course
-My American passport showing that I was in the US until April 2002,
-My Florida Identification issued in 1996,
-My Florida driver license issued in 1997,
-My first work permit issued by the INS in 1996,
-My US voter card issued in 2000 and so on ...

After all this our administration consulate sent an email:
" WE NEED MORE PROVES OF YOU PRESENCE IN THE US AN YOU NEED TO PAY THE SAME FEES AGAIN" :ballchain:

Would that be possible for anyone telling me what to do or any legal advice would be really appreciated.

 

[Cosmopolitan]

US citizenship for my baby gir

The USCIS requires 5 years of permanent presence on the American soil ...

 

[twostep]

The USCIS requires 5 years of permanent presence on the American soil ...

... as US citizen

 

[Cosmopolitan]

Prerequisites for transmitting US Citizenship :

1 - At least one of natural parent must have been a U.S. citizen.
2 - The U.S. citizen parent must have resided or been physically present in the United State for a least 5 years.

Those are the requirements I got from the U.S. consulate.

Thank you for your quick answer.

 

[Cosmopolitan]

5 years as U.S. citizen !!!

Let us suppose that 5 years as citizen is a minimum (which is totally wrong).

Some common sens then ;
Why our U.S. consulate would have taken the completed forms and made pay all the adequate fees ?

The consul in person with 2 local agents have checked my daughter case and the time a I lived in the American soil...


5 years , (even as an illegal with proves ) that is the law and I was a legal resident from day 1 of my arrival.

 

[Bevdeforges]

Prerequisites for transmitting US Citizenship :

1 - At least one of natural parent must have been a U.S. citizen.
2 - The U.S. citizen parent must have resided or been physically present in the United State for a least 5 years.

Those are the requirements I got from the U.S. consulate.

Thank you for your quick answer.

This is the information sheet from the US consulate: http://photos.state.gov/libraries/france/5/acs/paris-reportbirth.pdf

And it's not entirely clear whether you meet the residence requirement or not. But what nationality is your husband? If he's American, there should be no problem.

However, if they determine ultimately that you had to be resident in the US while a citizen for five years, you can still use the "Plan B" procedure described at the bottom of p. 3 of the handout. Though your daughter would have to get a immigration visa to enter the US, the minute she hits US soil, she is granted US citizenship - and you don't have to stay in the US any longer than you want to.
Cheers,
Bev

 

[Cosmopolitan]

5 years as U.S. citizen !!!

Thank you for you advices

My wife and my daughter are stuck in North Africa, if ma baby girl gets her "due" U.S. passport , it would be easier for her mom to apply for a "schengen visa".

I am her daddy and a U.S. citizen for almost 12 years

 

[Crawford]

Prerequisites for transmitting US Citizenship :

1 - At least one of natural parent must have been a U.S. citizen.
2 - The U.S. citizen parent must have resided or been physically present in the United State for a least 5 years.

Those are the requirements I got from the U.S. consulate.

Thank you for your quick answer.

Following your citizenship in 2000, did you reside or were physically present in the USA for at least 5 years? as per the requirements above.

From your other answers you became a citizen in 2000 and left in 2002.

How many years as a legal resident in the US is immaterial to your daughter getting her US passport - it sounds like its how many years AS AS CITIZEN you resided in the States.

 

[Bevdeforges]

Thank you for you advices

My wife and my daughter are stuck in North Africa, if ma baby girl gets her "due" U.S. passport , it would be easier for her mom to apply for a "schengen visa".

I am her daddy and a U.S. citizen for almost 12 years

If you're French and in France now, your wife should just apply for a spouse visa to come and join you. According to the Service Public website, they can't refuse the spouse of a French citizen a spouse visa unless she is somehow a "threat to public order" or she refuses to learn French. Visas de long séjour pour la France - Service-public.fr particularly this part:

Visas délivrés aux conjoints de Français

Le visa de long séjour ne peut être refusé à un conjoint de Français qu'en cas de fraude, d'annulation du mariage, de menace à l'ordre public ou en cas de non production de l'attestation de suivi de la formation à la langue française et aux valeurs de la République dans le pays de résidence.

Les autorités consulaires doivent statuer sur la demande dans les meilleurs délais.

Cheers,
Bev

 

[twostep]

In OP's listing of documentation he states US tax returns for 1999 and 2000; nothing up to date.

 

[Cosmopolitan]

Form: DS-5507

Hello,
The consul made fill all the forms and specially the Affidavit of Physcal Presence (DS-5507) wich requires 5 proven years of any kind of permanent presence even as a non resident.
(Not as a U.S. citizen)

Until now they are asking fore more documents. " Statements from your previous employers" I tried to contact my previous bosses but with no succes.
They did not say "you need 5 years of residency AS US CITIZEN.


Once again I have legally lived and worked permantly and paid my taxes in Florida, during those almost 7 years, I have left the U.S. 5 times to vistit my parents in France. (Less than 96 day in total).

Following your citizenship in 2000, did you reside or were physically present in the USA for at least 5 years? as per the requirements above.

From your other answers you became a citizen in 2000 and left in 2002.

How many years as a legal resident in the US is immaterial to your daughter getting her US passport - it sounds like its how many years AS AS CITIZEN you resided in the States.

 

[Cosmopolitan]

Bonjour Mme Deforges

Madame,

Ma situation est un peu plus compliquéeque cela, je vis en France en temps que résident permanent et non en temps que citoyen Français.

Les démarches auprès des représentations diplomatiques francaises dans mon pays d'origine releve du parcours du combattant. :boxing:

Si mon bébé et moi sommes americains, beaucoup d'obstacles tombent... mon épouse serait logiquement accompagnatrice de notre enfant...

Merci de l'interêt que vous porter sur ce cas

If you're French and in France now, your wife should just apply for a spouse visa to come and join you. According to the Service Public website, they can't refuse the spouse of a French citizen a spouse visa unless she is somehow a "threat to public order" or she refuses to learn French. Visas de long séjour pour la France - Service-public.fr particularly this part:



Cheers,
Bev

 

[Bevdeforges]

Deforges is not my last name - and frankly you'll get farther with me speaking English than French. (This is, after all, an English language forum.)

OK, I misinterpreted your "flags" thinking you had French nationality. So that idea won't work.

It looks like you're going to have to leave things in the hands of the folks at the consulate and see how things work out. I'm sure they will do what they can to get your application to go through, though I suspect the rules in this case are somewhat ambiguous.

If worst comes to worst and they can't get your daughter nationality from birth, that "Plan B" approach does work amazingly well - as long as you can get your daughter to the US on the proper visa. As I understand it (from a couple of folks who have done it), she'll be a US citizen from the moment she enters the country - it's just a matter of clearing the paperwork to have her passport and other documents drawn up.
Cheers,
Bev

 

[Cosmopolitan]

I sent a letter 2 weeks ago to our U.S. Ambassador (Samuel l. Kaplan) to expain the ambiguity and theanxiety.
Still waiting for his answer.

Sorry for posting in French language but that is where I live

 

[twostep]

I sent a letter 2 weeks ago to our U.S. Ambassador (Samuel l. Kaplan) to expain the ambiguity and theanxiety.
Still waiting for his answer.

Sorry for posting in French language but that is where I live

That does not change the fact that you have to present proof of your physical presence for five years in the US. It is not that hard to recreate a couple of years - tax returns, school transcripts, contracts, employment, passports ...

 

[Cosmopolitan]

Primary evidence...

I wish to inform you that I did have send several evidence of my physical presence in the U.S. soil:

Transcript from Social Security Administration for 5 years showing that I have worked during my stay.
2 years of Tax Return from the Internal Revenue Services...

I also sent them many secondary evidence of physical presence. please check the list out on my first post.

The way I feel about it now is that they consider me as "2nd or 3thd class" U.S. citizen, perhaps the fact I became a U.S. citizen within 5 years and had left the country less than 7 years after my first arrival. I hope I am wrong

 

[Bevdeforges]

I wish to inform you that I did have send several evidence of my physical presence in the U.S. soil:

Transcript from Social Security Administration for 5 years showing that I have worked during my stay.
2 years of Tax Return from the Internal Revenue Services...

I also sent them many secondary evidence of physical presence. please check the list out on my first post.

The way I feel about it now is that they consider me as "2nd or 3thd class" U.S. citizen, perhaps the fact I became a U.S. citizen within 5 years and had left the country less than 7 years after my first arrival. I hope I am wrong

I don't think you're considered a 2nd or 3rd class citizen. But the rules regarding granting of citizenship to children born overseas with one American parent have changed almost constantly over the last 15 or 20 years. If the people at the Consulate are checking things out for you, they'll be checking all the angles and all possible paths - but obviously, they're limited to what the law states and how the offices in Washington (or wherever back in the US) view these matters.

When I was active in the American expat groups in Paris, I knew several people who had gone through these sorts of dealings on a variety of issues where the law and/or procedure were not terribly clear. Usually, the consulate personnel were helpful and really did try to achieve the desired result. Give them a chance to see what they can do.
Cheers,
Bev

 

[Cosmopolitan]

"Second and Third class U.S. citizen"

With all the anxiety and stress that the 3 of us are subjected makes feel sometimes that way.
Of course they knew if I became an American citizen I had to live, worked, permantely and pay my taxes in the the U.S.
It is whole "deal" to become a U.S. citizen, it is not as simple as that, I proudly went throught out all that process.
And why would they have taken my daughter application a made us pay all the fees if they kind of knew that our case was "doubtfull"".
So far with we spent about $ 1400 everythig. included

Sorry for my broken english!

 

[Cosmopolitan]

Unreasonable answers !

Some of the moderator's answers were just like the one from our abroad administration, not rational, almost without realizing a bit arbitrary...

This seems unfortunately a little outrageous ! :confused2:

 

[twostep]

You post fragments of information, make statements apparently based on your understanding of conversations, change the situation, are impolite enough to post in what is a foreign language in a US forum and lash out. You were given official links and directions.