US Citizenship for Kid born outside US

The SB1 will preserve his LPR status, as long as he enters the US before the visa expires. The problem is if they refuse to issue the SB1 visa after refusing the Transportation Letter.

But if they have actually agreed to issue the SB1 visa, he'll be fine. You can then apply for his US passport with him when he is back in the US. However, normally they require both parents to be physically present when applying for the passport, so if his other parent is not also in the US, it gets more complicated.
 
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rchigurupati said:
The US consulate in my home country refused to grant Transportation letter to my 12 yr old son. They are now issuing SB1 visa. Can my son still have the LPR status, though he enters to US with SB1 visa? His re-entry permit is still valid until Nov 2010, but it got lost in the USPS mail. I want to apply for his passport along with me probably in June. Thanks for your advise.
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An SB-1 visa is a returning resident visa. So when your son re-enters the U.S. using an SB-1 visa, he resumes his LPR status.
 
Hi All,

I was going thro the passport application for Minors and it says that both the parents have to be present while submitting the application? Is that true ?

I do not have a permenant address in US and was hoping to use my brother in laws address for correspondence.

Right now both ME (US citizen) and my son (Indian Citizen) are in India and were planning to visit US for 2 weeks to apply for my sons passport and stay back till we get the passport, but looks like my wife has to travel too.

Please advise what should i do. My sons reentry permit expires in September.

Thanking you all in advance.
 
Travel with your wife for a vacation with your brother in law. Apply for the passport going all together to the passport office. Apply for expedited process. Wait for the passport while you enjoy your stay. Use your brother in law address for all correspondence. It should work, although I am not sure what kind of attachment the kid has to the US and its principles. That's another question, but I understand the motives to desire the US citizenship. It worries me that it's cases like this which might cause Congress to tighten the screws on citizenship in the future. Canada has already done that when they realized how many Lebanese "Canadian" were living in Lebanon with no ties to Canada. Anyway, for your case I don't think you are going to have much trouble. I would recommend that you get one way ticket to US and then you get another one way ticket back. Then you might be able to make the case that you were planning on establishing residence again in the US. That's in the unlikely case that there is any issue with the passport application.
 
usciti said:
Hi Everybody,

To start with thanks a lot for your contribution to the forum. It helps a lot !!!

I took US citizenship in September 2009 and moved back to my home country in Oct 2009. My son has a valid green card and has been living in the home country (outside US) for last 3 years and visiting US every year to maintain GC validity. He also has a valid reentry permit (valid till september 2010).

Now that i am a US citizen i would like to apply for my sons citizenship, Can you please advise what needs to be done. My concern is that i have not maintained any residence in US and moved to my home country. What do i need to do to apply for his citizenship/passport?

Please advise.

Thanks a ton
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Another possibility for you to submit an N-600K application for your son from abroad, from your home country, based on Sect. 322 of INA. This section provides for expedited naturalization of children of U.S. citizens in cases where the child resides abroad rather than in the U.S.
The main requirements there are:
that your son reside abroad in your (the U.S. citizen parent) legal and physical custody;
that you (the U.S. citizen parent) have been physically present in the U.S. for at least 5 years prior to the birth of the child, with at least 2 of those years after you turned 14;
that the application be approved before the child turns 18.

If you submit N-600K, your son will be scheduled for a naturalization interview in the U.S. and will subsequently get a certificate of citizenship.

Although this option is more complicated, it is also more honest than trying to claim derived citizenship for your son based on the Child Citizenship Act, since your son does not really reside in the U.S.
 
Even if one file N-600K from a broad, the child and the US citizen parent has to visit USA for naturalization interview, apply for passport, wait until it is issued. In either case the child & US citizen parent has to come to USA to complete the process. Is there any other process that can be done from US consulate/embassy in another country?
 
Hi Thanks a lot for your reply. What i am wondering is, I am just applying for the passport. So does that mean that he can retain his Green Card. He will be able to travel with his GC. Also is it mandatory to have both parents present while applying for passport. Can i get a affidavit from wife saying she is ok with the applucation and cannot be present while applying.

Thanks
 
What i want to know is, Can I apply for USA passport for my son who is not a US citizen without applying for naturalization?

Please advise...Thanks
 
usciti said:
What i want to know is, Can I apply for USA passport for my son who is not a US citizen without applying for naturalization?
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What do you mean "without applying for naturalization?" You already naturalized. Do you mean "without applying for N-600K"?
 
He will keep the GC, but as a US citizen he must travel on the US passport, not on the GC. He will keep the document, but he will no longer be a permanent resident. At least he should leave the country showing the US passport to immigration. Other thing is whether he can show the GC to get into the destination country. It is possible. Although it wouldn't be right. If your wife can't come or you don't want to spend the money on the ticket, you should do this: Submit the second parents' notarized Statement of Consent (Form DS-3053) http://travel.state.gov/passport/forms/ds3053/ds3053_846.html However, it seems better to organize a family trip to visit your brother in law.

In order to determine at what time he became or becomes a US citizen it should be the date in which all conditions of the child citizenship act are met concurrently. That means if he was with you in the US when you took citizenship he became a citizen when you did. If he did not then, but came to visit you on a trip a few months later, that would be the time. If only when you travel to the US for the passport will you meet all conditions then that would be the time he becomes a citizen. Anyway, USCIS might be more stringent than department of State. Ideally you should have planned for this before and thought about him being with you when you naturalized and to apply for N-600 for complete proof of citizenship.
 
Hi,

Thanks for your reply. I am naturalized citizen. But i do not plan to apply for certiicate of citizenship for my son. Yes i agree that i should have planned for this and made sure that my son is with me when i got naturalized, but there were circumstances that i could not avoid.

What i am confused about is, I am apply just for my sons passport then what happens to the green card. Ideally the green card is returned when a person gets naturalized but in this case my son is not getting naturalized.

Another doubt is, assuming he keeps his green card he can travel to India on his GC and can also retain the Indian passport. I will have to apply for indian Visa if he loses the green card.

please advise.

Thanks
 
From a personal experience,

All what you need to do when you go back to the US, go to the nearest passport office next to you, fill out the passport form and pay the fee and don't forget the photos. They will ask you for your original Naturalization Certificate, as a proof of your child's citizenship. (Any child who is under 18 years old, who has a legal permanent residence status in the US is automatically a US citizen when one of his parents obtain the citizenship through naturalization). Your child is alreday a US Citizen since the moment you became a US Citizen yourself.

Your child's US passport and your naturalization certifacate will be mailed to you within 2 weeks. or faster if you have asked for expedited service. That's it.
 
usciti said:
Me&Me,

Thanks a lot for your reply. That is a little comforting :)
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You are welcome usciti,

By the way both parents or the child gurdians must be there when applying for the passport, if one of them can't make it you have to provide some affidavit.

For more details and complete list of the requirements for your son's passport check the web site below:- (copy & paste it since I am not allowed to post URLs in this forum yet)

travel.state.gov/passport/get/minors/minors_834.html

It's a very easy and uncomplicated process, just have in hand all the documents needed.
 
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Me&Me said:
Your child is alreday a US Citizen since the moment you became a US Citizen yourself.
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Not exactly true in this case, because the child is living outside the US and has never been to the US since the OP's naturalization. So derived citizenship has not been conferred yet. The child needs to be living in the US as a permanent resident with the naturalized parent in order to derive citizenship under the Child Citizenship Act. Which also implies the naturalized parent needs to be living in the US. So unless the OP moves back to the US for a while, this could be a problem. N-600K may be the more appropriate route.
 
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