Child Citizenship

Fery

Registered Users (C)
According to child act, a child get automatic citizenship when a parent naturalized, i have few questions regrading this.

1. If the child live outside with re entry permit, and when he/she come to USA can i apply for my kid's passport?
2. To become an USA citizenship you have to live at least 30months in USA within the last 5 years and my kids lived out of USA most of the time with Re Entry permit,
are they eligible to become US citizens?
3. After Receiving the Passports, can i apply CoC to my kids while they live outside of USA.

Thanks in Advance
 
Your child is NOT a citizen and will not qualify until (s)he meets ALL the requirements.

Additional information is needed.

See an HONEST lawyer.
 
According to child act, a child get automatic citizenship when a parent naturalized, i have few questions regrading this.

1. If the child live outside with re entry permit, and when he/she come to USA can i apply for my kid's passport?
2. To become an USA citizenship you have to live at least 30months in USA within the last 5 years and my kids lived out of USA most of the time with Re Entry permit,
are they eligible to become US citizens?
3. After Receiving the Passports, can i apply CoC to my kids while they live outside of USA.

Thanks in Advance

Your kids are LPR but they reside most of the time outside of US. Take a look at the N-600 instructions and consult with a good immigration attorney. N-600 instructions can be found on the USCIS website. Search for form N-600 instructions.
 
http://www.state.gov/documents/organization/86759.pdf

a child whose parent naturalizes in the United States after the child has left the country as an LPR, does not automatically naturalize. The child would have to return to the United States as an LPR. Citizenship would then accrue automatically once the child was in the United States as an LPR in the legal and physical custody of a citizen parent, while under the age of 18.
NOTE: As U.S. citizens they are not required to remain in the United States for any specified period of time in order to retain the citizenship they acquired under INA Section 320.

2. To become an USA citizenship you have to live at least 30months in USA within the last 5 years and my kids lived out of USA most of the time with Re Entry permit,
are they eligible to become US citizens?
Not needed
3. After Receiving the Passports, can i apply CoC to my kids while they live outside of USA.
You could do that after they become citizens. Whether they have passports or not.
 
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Keep in mind that the same evidence of citizenship is required for passport or CoC application. So most likely you will not be able to apply to both at the same time. You will have to apply for one of the documents, then receive the initial evidence back, and only then you could apply for the other one if you want both.
 
Keep in mind that the same evidence of citizenship is required for passport or CoC application. So most likely you will not be able to apply to both at the same time. You will have to apply for one of the documents, then receive the initial evidence back, and only then you could apply for the other one if you want both.

The N-600 only requires copies at time of filing and IF they want to see originals, they will schedule an appt. and have you bring them.

Passport applications require originals.

The Cert of Citizenship is ALL the evidence of USC required for a passport as opposed to all the other birth, marriage, divorce, adoption, custody, and child's and parent's physical presence evidence, and parent's original natz certs.
 
hwrfap

Keep in mind that the same evidence of citizenship is required for passport or CoC application. So most likely you will not be able to apply to both at the same time. You will have to apply for one of the documents, then receive the initial evidence back, and only then you could apply for the other one if you want both.

good point.didnt know about this before. thanks raevsky. And finally can i apply for Coc while the child live out of US.i mean after getting the US passport?
 
good point.didnt know about this before. thanks raevsky. And finally can i apply for Coc while the child live out of US.i mean after getting the US passport?

You cannot file an N-600 for a child from abroad (except certain military families) but if you are in the U.S. you could, but it could and probably would be denied. A passport should not be issued to the child you have described, it would be challenged by USCIS if DOS actually made the mistake of issuing it in the first place.

In order for the LPR child to get the automatic citizenship they must be residing and living in the U.S. in LPR status in the naturalized parents' legal and physical custody prior to reaching age 18. Residing is specifically defined by statute and is further elaborated upon through regulations and precedent decisions.

A child living abroad in the old country does not qualify for the N-600 and in order to use the N-600K then the naturalized parent must be residing and living abroad with the child and travel to the U.S. together for the child's expedited naturalization process before aging out.
 
There are no restrictions that child should be living in the US when you apply for his CoC, or that N-600 be filed to a US address, nothing like that.
However, at certain point before filing your legal and physical custody should be established over the child. Usually it is enough to register the child at a US school and show proof of an annual visit to his physician. The citizen child could leave afterwards.
Sometimes that type of requirement is waived.
Is is very much possible that after the child gets a passport, USCIS denies CoC. For instance, if your child leaves US in 2 days after coming, without registering to school, getting a passport via regular (non-expedited) process is usually still possible while it is probably a mistake. If USCIS denies CoC, it does not mean they could challenge the child's citizenship. A valid passport is a prima facie proof of US citizenship. So, it is quite possible a citizen is not issued (denied) a CoC.
 
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Go see an honest lawyer--ask Rajiv

Matter of Rocha, 10 I&N Dec 770 (BIA 1964) held:

"Notwithstanding that respondent acted in good faith and made a full disclosure of all the facts at the time of her application for a United States passport, the erroneous issuance to her of such a passport by an official or the U.S. Government does not bestow citizenship on her when she did not acquire U.S. Citizenship at birth abroad under any statute, and she is deportable as an alien who was excludable at the time of entry."

Matter of Villanueva,
19 I&N Dec. 101 (BIA 1984) held:

"Unless void on its face, a valid United States passport issued to an individual as a citizen of the United States is not subject to collateral attack in administrative immigration proceedings but constitutes conclusive proof of such person's United States citizenship."

Villanueva makes a big stink about a passport being “conclusive proof” unless “void on its face” and states that a passport cannot be collaterally attacked in administrative proceedings. This is incorrect and incomplete. While INS on its own could not collaterally attack the passport administratively in 1984, just as USCIS cannot do so today; DOS could then and still can, indeed always could, easily revoke a passport administratively.

The phrase “void on its face” is not developed. That particular case was remanded to be further developed. Was that record developed to the point where the erroneous basis and invalidity of the wrongly issued passport was so obvious that the challenge to its validity was not a mere “collateral attack” but a head-on challenge? Was the erroneous issuance of the passport so blatantly obvious that it was easily revoked?

Current USCIS procedure is to hold the USCIS case in abeyance and consult DOS to reconsider and revoke a passport. Villanueva is overstated. It needs to be revisited and replaced with something more accurate and in tune with the current reality. It is interesting to note that Villanueva did not mention or overrule Rocha.

The remaining problems are: a clear definition of "void on its face" vs. "erroneous issuance to her of such a passport by an official or the U.S. Government does not bestow citizenship". In addition, DOS does not have the statutory authority to issue a passport to a derivative citizen except as delegated under 8 CFR 301.1 which only applies to one section of the INA dealing with one way to become a USC at birth.

Furthermore, the U.S. Supreme court has ruled on this issue AFTER Villanueva as follows and it relied on its own earlier holdings in doing so:

A person may only obtain citizenship in strict compliance with the statutory requirements imposed by Congress. INS v. Pangilinan, 486 U.S. 875, 884 (1988). Moreover, "it has been universally accepted that the burden is on the alien applicant to show his eligibility for citizenship in every respect" and that any doubts concerning citizenship are to be resolved in favor of the United States. Berenyi v. District Director, INS, 385 U. S. 630, 637 (1967). The applicant must meet this burden by establishing the claimed citizenship by a preponderance of the evidence. 8 C.F.R. § 341.2(c).

"There must be strict compliance with all the congressionally imposed prerequisites to the acquisition of citizenship." Fedorenko v. United States, 449 U.S. 490, 506 (1981). 8 C.F.R. § 341.2(c) provides that the burden of proof shall be on the claimant to establish the claimed citizenship by a preponderance of the evidence. In order to meet this burden, the applicant must submit relevant, probative and credible evidence to establish that the claim is "probably true" or "more likely than not." Matter of E-M-, 20 I&N Dec. 77,79-80 (Comm. 1989).

Lastly, you don't want to get in a position to be accused of fraud.

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

18 USC § 1015. Naturalization, citizenship or alien registry.

(a) Whoever knowingly makes any false statement
under oath, in any case, proceeding, or
matter relating to, or under, or by virtue of any
law of the United States relating to naturalization,
citizenship, or registry of aliens; or

(blah, blah, blah...you can look it up)

(f) Whoever knowingly makes any false statement
or claim that he is a citizen of the United
States in order to register to vote or to vote in
any Federal, State, or local election (including
an initiative, recall, or referendum)—

Shall be fined under this title or imprisoned
not more than five years, or both. Subsection (f)
does not apply to an alien if each natural parent
of the alien
(or, in the case of an adopted alien,
each adoptive parent of the alien) is or was a
citizen
(whether by birth or naturalization), the
alien permanently resided in the United States
prior to attaining the age of 16
, and the alien
reasonably believed at the time of making the
false statement or claim that he or she was a
citizen of the United States.


The exception in (f) is specific to voting but is the ONLY exception with regard to this brand of fraud.....
 
A passport should not be issued to the child you have described, it would be challenged by USCIS if DOS actually made the mistake of issuing it in the first place
USCIS denies CoC, it does not mean they could challenge the child's citizenship
INS on its own could not collaterally attack the passport administratively in 1984, just as USCIS cannot do so today
So, we have a conclusive proof USCIS cannot challenge the citizenship itself nor can it challenge validity of the passport. Thanks

regarding particular examples, from my friends (both US citizen fathers are my friends).

Case 1.
A 17.5 year old daughter of a US citizen father immigrated to the US and was going back to Russia in 10 days to continue her university studies there (they start university studies in Russia at about the age of 16.5). Because her date of departure from US was in less than 2 weeks, she went in person to a Boston passport agency to get a US passport (that could be done within a 2-day period there). She was denied a passport because she was not going to stay in her father's physical custody, her initial intention was to return for studies back to her mother's custody. She was said at the agency she would be issued a passport if she brings a US school registration and could return within those 10 days to the agency with a registration to be issued a passport.
Note. She was born out of wedlock and Russian law gives joint custody to both parents automatically for those cases.

Case 2.
A son of US citizen father immigrated to the US 2 days before reaching the age of 18 with an intention to stay 1 summer month in the US and then return to Israel to serve in the Israeli army. In 5 days after entering US, after he was already 18, he applied for a US passport by mail, in a non-expedited order. The passport arrived in 3 weeks, even before the son left to Israel. No proof of school registration was asked.

Could his passport be revoked by DOS? Of course, it could. Would it mean he is not a citizen? I could hardly beleive that. The child spent the rest of his childhood (2 days before reaching the adulthood) in the custody of his US citizen father, and was not going to return to Israel to be in the custody of his mother. Instead, he was going to serve in the army as an adult.
It is not difficult to remember a lot of cases when US citizens by virtue of birth were revoked US passports by DOS when their citizenship was not under question at all. A good example is Robert Fisher, a former chess world champion.
 
BTW,
The son now serves in the Israeli army as an adult US citizen.
The daughter returned to the US after getting a masters degree in Russia, and lives and works in the US without formally requesting proof of citizenship. She will aply for naturazlization in 2 years and that will be the point when we could figure out if she is already US citizen or not. If she is a US citizen, she will be obviously denied naturalization.
 
Actually, I'll give more details about the daughter's application for passport.
Her father, my former classmate, is a strange guy. Before she came to the US on an immigrant visa, I told him she had some chances to become a US citizen at the moment of her arrival to the US.
I gave him references to explanation of what physical and legal custody was. We both agreed that he had legal custody over her (because of that Russian law I mentioned), however, regarding physical custody we had a disagreement. My opinion was she had some chances if she chooses a primary care physician immediately after getting into US. He said he does not believe she has any chances and would not apply for passport therefore.
Only when I showed him that a US citizen has to apply for passport before leaving the US, did he agree on her applying for passport. Because if she is a US citizen, she would be in violation of the law if she does not apply for passport.
For a minor over 17 a consent of at least one parent is required for her to apply for passport.

So, she did not select a primary care physician, contrary to my advice, and went to the passport agency as is. I think what she was doing, following her father's advice and permission, she was fulfilling her obligation under US law (if she is by any chance a US citizen, she has to apply for passport before leaving the US). At the same time he did not care whether she is really US citizen or not, he just cared that she would not be in violation of law in case she is a citizen.

That is why she did not apply for passport during her next visits, including the ones before she reached 18, she had already covered her *** by getting a denial in passport application once, and that released her from obligation to apply for passport each next visit, from his point of view. From his point of view, the situation did not change at all - she was still studying in Russia. The same was the reason why she did not apply for CoC - she had good reasons to believe she was not a citizen.
 
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I'll also give more details about the son's application for passport.
His father, my former classmate (another one), is not a strange guy at all. He really wanted his son to be a US citizen. So, following the daughter's story, they decided to apply for passport in a non-expedited way, to attract less attention to the application. He was not sure whether the passport would be issued before or after the son leaves the US, but it was very important for them to have the passport issued, not denied (while for the daughter's case they did not care about the results of application for passport, they just wanted to comply with the law by applying for passport), because son's intention was not to live in the US after serving in the Army; he just wanted to be a US citizen living abroad. That was the reason to apply by mail in a non-expedited way.
 
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And regarding this:

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

18 USC § 1015. Naturalization, citizenship or alien registry.

(a) Whoever knowingly makes any false statement
under oath, in any case, proceeding, or
matter relating to, or under, or by virtue of any
law of the United States relating to naturalization,
citizenship, or registry of aliens; or
Applying for US passport is a very reasonable way for a person like the daughter to claim US citizenship in writing, because she had to have strong reasons to believe she was a US citizen. That does not constitute a crime. Moreover, a person would be in front of a choice between committing two crimes, if it were a crime. In case she is a citizen, she has to apply for passport, in case she is not a citizen, there is no other way to figure out whether she is a citizen or not other than to claim US citizenship in writing via applying for passport or for CoC, or for both.
My belief is also that if she applies for both, did not lie on either application, and is issued one document and denied another one on the reason she is not a citizen, it is very reasonable to believe she is a citizen, and voting will be not unlawful if later they decide she was not a citizen.
 
There are no restrictions that child should be living in the US when you apply for his CoC, or that N-600 be filed to a US address, nothing like that.
However, at certain point before filing your legal and physical custody should be established over the child. Usually it is enough to register the child at a US school and show proof of an annual visit to his physician. The citizen child could leave afterwards.
Sometimes that type of requirement is waived.
Is is very much possible that after the child gets a passport, USCIS denies CoC. For instance, if your child leaves US in 2 days after coming, without registering to school, getting a passport via regular (non-expedited) process is usually still possible while it is probably a mistake. If USCIS denies CoC, it does not mean they could challenge the child's citizenship. A valid passport is a prima facie proof of US citizenship. So, it is quite possible a citizen is not issued (denied) a CoC.
I dont have any idea to send the children as soon as they come to US, they going to stay at least 3-4months in my custody and they go to school in US during this period. what i meant is as soon as the children come can i apply for the passport? and they stay here for 3-4 months during that priod (after getting the Passport) can i apply for CoC?, can they leave the country after applying the CoC (before getting the CoC)?even if they didnt leave the country they can leave after getting the CoC in 6 months Right?
Thanks in Advance
 
I would suggest you to register them at US school and select a primary care physician for them and schedule an appointment with her. After that apply for passport, and after they get the original documents back, apply for CoC. They can leave when they get the passport (they need to get US passport before leaving US, that is a requirement), and they could apply for CoC even from abroad.
 
I would suggest you to register them at US school and select a primary care physician for them and schedule an appointment with her. After that apply for passport, and after they get the original documents back, apply for CoC. They can leave when they get the passport (they need to get US passport before leaving US, that is a requirement), and they could apply for CoC even from abroad.

You cannot file an N-600 FROM abroad.
 
I believe that is incorrect.
The beneficiary has to reside in the US in order N-600 to be filed, and the payment should be in the US currency provided by a US monetary institution. However, I do not see any other limitations.
So, for instance, if beneficiary travels abroad for a visit, it is OK to file N-600 at that time if he or she still resides in the US. The same about where it is filed from. It could be filed from US or from outside US.
 
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