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I would like to steamline the process of obtaining a CRBA. I…

Customer Question
Hi there! I...

Hi there! I would like to steamline the process of obtaining a CRBA. I am interested in a consulation.

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes and no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a US citizen. It's an out of wedlock birth. I am in Mexico. I am fine with DNA testing, but I just want the process over with as soon as possible.

Submitted: 2 months ago.Category: Immigration Law
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Answered in 27 minutes by:
12/23/2017
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,165
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

When was the child born? How long have you lived in the U.S. before the child was born?

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Customer reply replied 2 months ago
The child was born 12/12/17. I have lived in the US since my birth in 1965, although I have traveled extensively.
Customer reply replied 2 months ago
I have already filed the application for CRBA, and it was accepted by the US Embassy in Mexico City. (1) I am trying to figure out how to approach the interview; and (2) I am trying to get through the process ASAP.
Customer reply replied 2 months ago
The child was born via a surrogate mother. She is cooperative. We are both listed on the birth certificate. I had "conjugal access" to the mother (I was physically present in CDMX) at the appropriate time. However, I will be unable to produce chat logs, pics, etc. etc. because none exist.
Customer reply replied 2 months ago
I am wondering whether there is additional evidence that I can produce that would be persuasive. Also, I know that any doubt as to paternity ends up requiring DNA testing. Can we just cut out the BS and skip straight to the DNA test so that it's available sooner?
Customer reply replied 2 months ago
I am in Mexico City and I need to get back home ASAP. I have the capacity to stay here, but it's not improving my outlook on life. And I'm going to end up having to commute back and forth.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago

Will you be able to prove at least 5 years of physical presence in the U.S. with 2 years at least after you turned 14?

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Customer reply replied 2 months ago
Absolutely no question that I will be able to do that... I haven't figured out exactly how yet, but I will be able to... I printed out my CA Bar Assn record that shows that (1) I graduated from a US law school, (2) I was an undergrad at UCLA, (3) that I have been a member since 1994. That in itself should do that trick? I can also get copies of my tax returns if they want more evidence. In fact, I have been a resident continuously since 1965 with only periodic trips elsewhere. I can't imagine that the consular officer is really going to dwell on this element. I think the element that is going to end up getting belabored is the paternity element.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago

Yes, that should do the trick if you also include the taxes. So I don't really see much of an issue for you. What else would you like to know?

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Customer reply replied 2 months ago
I have complete confidence that my son will ultimately qualify. That's not my issue. Here are my issues:(1) What documentation is helpful for the paternity element? I will not be able to provide photos or chat logs. The mother and I have no relationship other than the fact that she bore my child. However, I was physically present in Mexico City at the appropriate time. Are there other facts that I should be scrounging for that would help the consular official feel convinced that this is my child?(2) Can I just go ahead and request the DNA testing rather than screw around with the other stuff and waiting until the second interview with the Embassy to have them suggest it? I don't have a lot of patience for wasting time. Since the samples need to be taken at the Embassy, I would need their cooperation for this. Can I request testing before my interview? Can I request testing at my interview? I fear that if I only bring it up at the first interview, they're not going to have the test kit available, etc. and we will end up wasting more time.I am interested in optimizing and steamlining this process. That's my question.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago

1) In the end, a DNA test may be required. Here is a link:

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/US-Citizenship-DNA-Testing.html

As far as other evidence, any contractual agreements with the surrogate mother, any hospital bills that you paid, and anything else you can think of that will show that you are taking responsibility for the child.

2) It would probably be a good idea. As far as requesting it AT the interview, it really has to do with the process for it which is outlined I the link that I provided.

If there is some urgency that you can prove, here are a couple of links in regards ***** ***** the process:

http://www.uscis.gov/forms/expedite-criteria

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,165
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Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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