Minor came on SB1 visa, Green card was taken at port-of-entry

Thanks for the update. I hope the I-90 comes through quickly. You might also consider applying for N-600 so you can find out when USCIS thinks your son became a citizen (i.e. at time of your naturalization or at time of I-90 approval). Plus the benefit of having a non-expiring proof of citizenship that can be used to apply for passports or other paperwork in the future, in case a passport is lost or something like that.
 
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Huracan,
Good point. I infact forgot to mention about that, I have already applied for my son's N-600 last week (after I got my US passport) via InfoPass at local USCIS office. During that time USCIS officer mentioned that the I-90 should be approved and he didn't see any issues with that. It usually takes about 3-6 months. He also felt that the US passport office shouldn't have hold issuance due to pending I-90, because they already issued a temporary GC stamp on my son's India passport. I didn't had patience to go back to Regional PP office (which is 120 miles from my home) to argue on this. Now my son is travelling to India on India passport; after I got the I-90 approval, he gets his passport from US consulate in India.
 
rchigurupati said:
Huracan,
Good point. I infact forgot to mention about that, I have already applied for my son's N-600 last week (after I got my US passport) via InfoPass at local USCIS office. During that time USCIS officer mentioned that the I-90 should be approved and he didn't see any issues with that. It usually takes about 3-6 months. He also felt that the US passport office shouldn't have hold issuance due to pending I-90, because they already issued a temporary GC stamp on my son's India passport. I didn't had patience to go back to Regional PP office (which is 120 miles from my home) to argue on this. Now my son is travelling to India on India passport; after I got the I-90 approval, he gets his passport from US consulate in India.
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Why the rush to send him back to India already with Indian passport, why not wait to get his Us passport before he travel, that way you avoid more stories?
 
rchigurupati said:
My son did not received his US passport because the pending I-90 should be approved. But they did not deny the US passport application. Instead they issued a letter saying the application was processed and ready to issue the US passport at any US passport office or at any US consulate abroad by presenting approved I-90 & this letter.
So, that is my story until now.
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Hmm. It strikes me as a distinctly bad idea for you to send your son back to India now and for him to apply for a U.S. passport there. Whatever the letter they gave you says, each U.S. consulate adjudicates each passport application on its merits and they don't have to defer to opinions of other passport office workers expressed somewhere else at a different time. Your son will be claiming U.S. citizenship eligibility based on the Child Citizenship Act.
The requirements of the act are that he reside in the U.S., with you, in your physical and legal custody.
If he applies abroad, this will be manifestly NOT the case: he will not be residing in the U.S. and he will not be in your physical and legal custody.
You have already gotten burned once by letting a child travel and go through immigration alone, without a parent. It seriously backfired and now you are just inviting trouble again. Not a good idea, in my opinion (unless, of course, his N-600 is approved by then; in that case it really would not matter where to apply for a passport.)
 
baikal3 said:
The requirements of the act are that he reside in the U.S., with you, in your physical and legal custody.
If he applies abroad, this will be manifestly NOT the case: he will not be residing in the U.S. and he will not be in your physical and legal custody.
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Exactly. They might not consider the one week visit (or whatever the exact length was) to the US to count as residing in the physical and legal custody of the USC parent. The son should have remained in the US at least long enough to receive the passport, and the OP should have argued with the passport agency about waiting for the I-90 renewal despite him having an I-551 stamp.

When you don't have a solid root document like a naturalization or birth certificate, the Department of State can be very anal about evaluating the evidence when granting passports. I think the chances of the passport being rejected are high if the kid remains outside the US waiting for the passport, unless he gets an approved N-600.
 
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It seems clear from this thread that the child has been living for the last "2 years (1 year 11 months 25 days)" in India, and made a quick trip to the US in order to be on the ground at the time of the parent's naturalization, in order to be able to claim US citizenship. From a layman's point of view, this doesn't seem to align very well with the likely intentions of the Child Citizenship Act - that the child be residing in the US "in the legal and physical custody" of the naturalizing parent. If you can actually get away with this, it seems even bolder to go pushing the envelope by hastily returning the kid to India before they've even gotten a US passport. How much more obvious can you make it that the child is not a US resident at all?

Of course, I'm not a lawyer. This is a strictly uninformed opinion.
 
My 2 cents

AFAIK a kid will get citizenship when their parents will naturalize, but this is very unpleasant behavior by the "law".
 
Actually me and my wife have decided that my son would not get his US citizenship, thats another reason why he is leaving to India with my wife. I will be joining them in couple of months. I am thinking of withdrawing my son's N-600.
 
Hi All, Finally my Daughter came back to us ( USA ). But they did not take her GC at the port of entry when she entered into US. They checked it and they said it is still valid.

And on the immigrant Visa stamp, it is saying..
" UPON ENDORSEMENT SERVES AS TEMPORARY I - 551 EVIDENCING PERMANENT RESIDENT FOR 1 YEAR. "

Do I need to go apply for new Green Card?

Thanks,
Sudhakar
 
Congratulations!

Have you naturalized? If you have naturalized and your son is with you in the US and was admitted as permanent resident as it seems to be the case he should be a citizen, so why would you need to apply for a green card, unless I am missing something. It seems you should be applying for a US passport for him instead.
 
Huracan said:
Congratulations!

Have you naturalized? If you have naturalized and your son is with you in the US and was admitted as permanent resident as it seems to be the case he should be a citizen, so why would you need to apply for a green card, unless I am missing something.
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They took away the OP's son's green card at the port of entry and forced him to apply for another before applying for the passport. So sbokka2001 must be wondering if it is also necessary to apply for a new GC, fearing that the original GC was invalidated -- but that is an unfounded fear if the POE officer said it is valid.
 
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