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Video instructions and help with filling out and completing Conreport of death of a u.s. citizen abroad

Instructions and Help about Conreport of death of a u.s. citizen abroad

I'm often asked how I can get proof that my child is the United States citizen if they were born abroad and I'm a United States citizen you're going to have to go to the US consulate and prove to the US consulate that your child is a United States citizen whether or not they're a United States citizen is not a given it depends on when they were born what year and how long you have been physically present in the United States if you've been physically present your whole life and you just happen to be overseas for a year or on vacation and gave birth and nine times out of ten you're not going to have an issue with getting proof that your child is a United States citizen but what immigration is going to want to see or the consulate is going to want to see is proof of your actual residence of physical presence in the United States so if the requirement again depending on the year that your child was born was that you had to be living in the United States physically for five years prior to the child's birth you're going to need evidence of that physical presence that's usually done by tax returns bank statements school records etc to show that you're physically present you're also going to have to fill out an application swearing to your dates of physical presence in the United States if it's a father who's applying for citizenship for the child they also might want to have a DNA test to make sure he's actually the father and of course they're going to want to see the birth certificate whether or not your child is a US citizen and the evidence that you need to prove it can be very complicated and is not as easy as we all think it's important to discuss your situation with an immigration lawyer to make sure that your child is a United States citizen and what evidence is necessary to prove it if you have questions please contact my office I'd be happy to discuss your situation with you.


What is the process of adjusting the status for my spouse who is currently in a B1 visa and is visiting me in the US? I am a US citizen. Can I file his green card when he is here? What are the forms that I need to fill out, and what are the risks?
Yes you can absolutely apply while he is here. The general start of the process is that you file form I-130 to apply for his permanent stay (start of the green card process), as well as form I-485 to adjust his status. The 485 will allow your spouse to stay with you in the country while he awaits a decision and still maintain a legal status. There is no risk to his legality, as long as the forms and accompanying evidence are received by USCIS before the last day that his visa allows him to be in the country.Entry stamps are usually for no more than 6 months in the country and USCIS generally takes about 2 to 3 weeks to process and send out a receipt. Subtract those days from his date to leave, and use that as your minimum safe timeline. Keep in mind that some forms may come with restrictions in travel and he may be stuck in one place for a while e.g. I-485s may take months to process and can be voided simply by leaving the country without getting special permission in advance.Note also: Messing up the timeline can mean he may have to return to the country of origin to maintain legal status and await a decision. That may literally be a separation of numerous months to several years. In some cases, visitor’s visa may be revoked or entry denied once you put in an immigrant petition for him.After you start the process, you may also have to file a myriad of other forms, including an affidavit of support, co-sponsor form, an immigrant visa application, an application for removal of conditions, unlawful presence waiver and so on, all of which come with their own fees. USCIS will usually direct you to what forms are next, once you have completed each stage of the application.The range of forms you may have to file will change depending on the specifics of your case and the complexity will vary based on a number of factors. The simplest of these are the number of years you have been married, your spouses immigration status, but may include any number of things that you have not reported in your very general question.My advice would be to seek the help of an immigration lawyer to navigate the process. It is something you could do by yourself. The process is tedious and requires attention to detail, but is manageable. However, under the latest Trump directive, immigration officers are now simply denying applications for minor errors or insufficient information. In the past, they used to request additional documentation before denying outright, but are no longer required to do so. That would mean an error would require you to resubmit an entirely new application (once allowed), and pay all the hundreds to thousands in cash again. It may even interrupt your spouses legal status and add years to the process.No petitions are guaranteed to be approved, so it is best to be thorough and careful and avoid even the appearance of impropriety. Best of luck to you both!Disclaimer: I am not even close to being an immigration lawyer. I just work with a diverse population and have helped clients navigate this process scores of times.
Which countries prthe best conassistance abroad to their citizens (e.g. evacuation in the event of a disaster)?
Unlike earlier answers about India and China’s evacuations, I can only tell about the evacuation of one person done by a country for its citizen, and I am a witness to that extraordinary event. I consider it “extraordinary” because the country was willing to go through the trouble and the expense just for one of their citizen detained in a foreign land. It was more than 10 years ago, I’m not sure if it was 2021 or 2021. so please forgive me if I did not remember or get all the details right.A Filipino seaman was in jail for bringing a refrigerator into Indonesia, I think he was charged with smuggling (a serious offense). But the Philippine Consul General in Manado (Indonesia) was convinced of the Filipino seaman’s innocence. So she (the Consul General) requested and obtained approval to rescue and evacuate the Filipino seaman. And she did it by herself (accompanied by a staff). First, she had to fly commercial from Manado to Makassar, a one and a half hour flight by a Boeing 737.I had the privilege of picking her up from the airport in Makassar, then went together with her to see the Regional Chief of Police (a 2-star General). She explained the case to him, the General agreed to look into it (did not say he will release the suspect). Then she informed the General that she will visit her countryman in jail. And she took a small turboprop aircraft (like in the photo below) from Makassar to Sorowako.The next day or two, I received a call that she was able to get the Filipino seaman released, they were on their way back to Makassar by bus (she wanted to leave immediately but there was no flight, so they took the bus like in the photo below) and asked me to buy plane ticket (Makassar to Manado) for them.It was a long and tiring journey…I met them in Makassar, gave them their tickets (got reimbursed because she insisted to repay me) and see them off at the airport.
For a child born to an American outside of the US, how soon do the parents need to apply for a US passport or SSN, so as not to jeopardize the child’s US citizenship?
The child either is a US citizen or he is not, he cannot lose it. You don’t apply, it’s imposed. What you seek to do is get it recognised and others have shown how you do that.Increasingly though, many are not outing their children to the IRS for the same reasons thousands are renouncing their citizenship, it becomes less possible to live a normal life overseas with US citizenship every time the law makers get together and think up another little wheeze to grab money from the end of a rainbow that has it’s end anywhere other than the USA, and who’s victims have little to no political voice in the USA.Of course, if you’re US citizens out in the world but still very much US citizens that will be back in the USA, that might not worry you much but if you are permanent residents of another nation who are yet to have their OMG moment when you realise you are in a ton of poop with the tax department of a nation where you don’t live, you might want to think twice before exposing your children to the same reporting, tax and penalty hell that you live under, even if you don’t know it - yet.They can put their hands up and admit to US citizenship any time they like, or not.“The US system of taxation and the US Government’s obsession with tracking “foreign” bank accounts has had a devastating impact on families, marriages, people’s jobs. Thousands have been forced to decide between their citizenship or staying with their families, undergoing financial ruin, limitations on the job markets, being able to retire or even more. Freedom of movement?”America’s bizarre relationship with citizenship ‡ Gregory Swanson ‡ Medium
Can an adult child of a deceased United States citizen petition for a United States passport without having stepped foot in the US or possessing a concertificate of birth abroad?
Yes, assuming the US citizen parent(s) met the conditions in US law for transmitting US citizenship to a child born abroad at the time of the child’s birth. If so, the child was automatically a US citizen at birth, and will always be a US citizen, unless he/she renounces it. Whether he/she has stepped foot in the US at a certain age is irrelevant.Look at DS-11, the US passport application form. The proof of citizenship section in the instructions has this part that is relevant to this child’s case:- If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a ConReport of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.(Emphasis added by me.) If you follow the bolded part, you just need to submit evidence proving your relationship to your parent, and evidence of your parent’s physical presence in the US before your birth. You don’t need to have a CRBA.
How do I get a conreport of birth abroad revoked after I discovered that the child isn't mine?
Firstly how do you know it isn't yours?
How do I fill out a W4 form if am I a dependent of my father -who is a non US citizen living abroad, but pays for most of my living expenses?
You can be claimed as a dependent for tax purposes by a parent if:1. You are under age 19 at the end of the year, or under age 24 and a full-time student, or permanently and totally disabled, and2. You lived with that parent for at least half of the year (counting time spent temporarily absent from the home, i.e. at school), and3. You did not prmore than half of your own support.I bring that up just in case your mother - who you did not mention - meets all of those requirements. Note that the support requirement is only that you don't prmore than half of your own support - and not that the claiming parent does, so it's possible that you may still be your mother's dependent.Assuming that's not the case, then yor father, as a nonresident alien, would not generally be allowed to claim any exemption for dependents (assuming he has a US tax obligation). He might be able to do so if you qualify as his dependent otherwise and he is a resident of Canada or Mexico, but that's an unusual circumstance.On the W4 it doesn't really matter that much, claiming 1 instead of zero only means that the employer will withhold less in taxes, and many people report a different number than the allowance calculator (which the IRS doesn't see) computes. What does matter is that you know your dependency status for the year when it comes time to actually file your return. If you can be claimed as a dependent on someone else's return, you cannot claim your own exemption - even if that other person does not claim you.
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