Child with Green Card AND Passport

A

aamirc

Registered Users (C)
My wife is a US citizen and our son was born abroad. We got a CR-2 visa for him and based on the Child Citizenship Act he got his US Passport in Chicago. He also has a conditional Green Card. We did not apply for his Certificate of Citizenship as we did not have evidence of my wife's physical presence in US for 5 years. Now we are out of US and we did not use his US passport to exit as we were told that the immigration could cause a problem since he already has a Green card.

If my son does not enter the US for more than one year, this would automatically cancel his Green card. Would this mean that the immigration will not have an issue with the US Passport anymore? What are the implications of not having applied for the Certificate of Citizenship? What is the best way to get around this dilemma?
 
So we don't need to cancel the Green Card? and what about when the time comes to renew the passport?
 
aamirc said:
We did not apply for his Certificate of Citizenship as we did not have evidence of my wife's physical presence in US for 5 years.
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If he doesn't qualify for a Certificate of Citizenship, he also wouldn't qualify for a US passport. Physical presence for 5 years is not a requirement for the Certificate of Citizenship; it is only a requirement for your son to have acquired citizenship at birth under the circumstances (assuming you are not a US citizen). He can get a Certificate of Citizenship, it's just that his citizenship would have began when he started living in the US with his US citizen mother, instead of at birth.
If my son does not enter the US for more than one year, this would automatically cancel his Green card.
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His green card has already been canceled as a result of USCIS knowing he is a citizen, unless the Department of State did not inform USCIS. Now that he is a citizen, it doesn't matter how long he stays abroad.

You are the one who needs to worry about losing your green card by staying outside the US too long, if you are a permanent resident.
 
Triple Citizen said:
I believe CR-2 is issued when the length of the marriage between the parents is less than 2 years old.
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Still doesn't make sense. The length of marriage doesn't matter, because the child is a direct biological child of the petitioning US citizen, not a stepchild being brought along with the noncitizen spouse.

Either a mistake was made when applying for the child's immigrant visa, or the consulate made a mistake in issuing it.
 
I agree with you, the child should have been give an IR-2 classification. I believe the consulate incorrect gave the biological child the classification of a step-child. However I did a quick search and some US embassy sites (check Guangzhou consulate or embassy in Ukrain) seem to be hinting the same thing I mentioned. In other words, length of marriage.

Jackolantern said:
Still doesn't make sense. The length of marriage doesn't matter, because the child is a direct biological child of the petitioning US citizen, not a stepchild being brought along with the noncitizen spouse.

Either a mistake was made when applying for the child's immigrant visa, or the consulate made a mistake in issuing it.
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I applied for the IV along with my son. That's when they asked me how long I was married, based on which they wrote on the form CR-1 and CR-2 respectively!
 
aamirc said:
I applied for the IV along with my son. That's when they asked me how long I was married, based on which they wrote on the form CR-1 and CR-2 respectively!
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They weren't paying attention to the fact that the child is your wife's biological son. Doesn't make a difference now that he is a citizen.
 
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