Will My Child’s CR-2 Visa Be Denied If I Can’t Get Consent To Travel From The Father?
One of the questions on the CR-2 visa application (question 15) requires that you provide the name of the biological father of the child regardless of whether his name is on the birth certificate. So, will your child’s CR-2 visa be denied without the fathers consent?
A problem you may run into is when you do not know where the father is or how to contact him. Even if the biological father wants nothing to do with the child, they still have parental rights and the USCIS needs his consent before the child can travel to the U.S.
Provide as much information about the child’s father on the application and if you do not have an answer for a specific question; write down “unknown”.
Not Giving Fathers Name On The CR-2 Application To Avoid Getting Consent?
This would be a mistake. This information is required and if you do not provide it, the CR-2 visa may be denied or put in administrative processing.
It is always best to be as honest as possible on a visa application. The worst case scenario is that you will be asked to provide more evidence or information instead of risking a 10 year bar.
Explain that you do not have contact with the biological father on an additional sheet and that you have no way of finding him to sign a consent form. This is a common situation and can be overcome.
Do I Need To Get Full Custody If I Cannot Contact The Biological Father?
You may need to go this route if you have no way of contacting the father of your child. Speak with a family law attorney to have the parental rights of the father revoked due to abandonment.
This will cause a delay in the CR-2 visa application but this is the best way to get around the consent requirement.
In many countries such as the Philippines, if the child was born outside of a marriage the mother has full custody of the child automatically.
“Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.“
While Art. 176 grants custody of illegitimate children to the mother in the Philippines, it was ruled in Silva v. Court of Appeals, the Court maintained the rights of a father over his child in view of the constitutionally protected inherent and natural right of parents over their children.
Even when the parents are no longer together and their affection for each other is gone, their attachment to and love for their children remains unchanged.
Neither the law nor the courts remove this right from either parent, absent any real, grave or imminent threat to the well-being of the child.
The Father Of The CR-2 Child Is Also A U.S. Citizen But Is Absent
If the father of the child is a U.S. citizen the child is also considered a U.S. citizen. If you already applied for a CR-2 visa, it will probably be denied because U.S. citizens cannot apply for visas.
You will have to report your child’s birth as soon as possible to the nearest U.S. consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth.
In order to establish the child’s citizenship, the following documents must be submitted:
- an official record of the child’s foreign birth;
- evidence of the fathers U.S. citizenship (e.g., a certified birth certificate, current U.S. passport, or Certificate of Naturalization or Citizenship);
- affidavits of fathers residence and physical presence in the United States.
The consular report of birth abroad (CRBA) will be denied if you cannot provide any evidence of the fathers residency in the United States.
The U.S. consulate section of the embassy will then issue you a “no-claim” letter, and this can be used for the CR-2 visa application. The only question will be, if they can reactivate the petition you already filed, or you will have to reapply for the CR-2 visa for your child.
What Is A Baby Transportation Letter And Who Gets It?
The baby transportation letter, also known as “NA-3”, is actually a visa in your baby’s foreign passport. It is meant to provide quick travel documents to a foreign born child of the permanent resident (green card holder) mother.
The child must enter the U.S. before their second birthday and must be accompanied by the mother during port of entry. It must also be the first U.S. entry after the foreign birth by the mother.
You will need to provide the child’s birth certificate (translated into English) and foreign passport to be able to board a U.S. bound flight. There is usually no fee for the transportation letter (except in Germany $165.00) and can be provided same day.
What Do I Need To Bring To Get A Baby Transportation Letter?
- Unexpired foreign passport (baby)
- Proof of lawful permanent residency (green card of mother)
- Flight tickets or itinerary
- One passport photo (baby)
- Official orders from US military (if station overseas)
You will receive the baby transportation letter from the U.S. consulate (takes about two hours and can be done on the same day you contact them).
In many cases the USCIS will not ask about the baby’s father or require consent, but it is still a possibility you need to prepare for. If you don’t have to provide this consent form, consider yourself lucky.
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