Advise needed for N-600 & PP for minor

P

priya2

New Member
My husband and I have applied for N-400 and our interview is scheduled to be in September. Our daughter will turn 18 after about 3 weeks from our interview date. Assuming all goes well at the interview, and we have the same day oath (Newark), along with ours we would like to apply for our daughter's passport, and also apply for her N-600 (even though it's not needed, we do want to apply).

Please advise how should we go about it, so that before she turns 18 we are able to send in the N-600 as well as the Passport applications. I think the parents' Naturalization certificates will be needed in both cases.

I know it's not a must that these things should be done before she is 18, but I would prefer it that way.

Any advise or thoughts are welcome.
Thanks
 
If you oath takes place before your daughter turns 18, apply for her passport at the same time as you apply for yours. Make the application at a US post office instead of at the oath ceremony. For your daughter you will require her original birth certificate, her original green card and a copy of mother's or fathers naturalization certificate. Also apply for a passport card at the same time which acts as a back citizenship document and costs only $20 more for applicants over 16 years old. When you get both passport book and card, you can then apply for a certificate of citizenship for your daughter which in my opinion is a waste of money, is not a legal requirement and has no greater legal value than a US passport. In fact, it has less value since it cannot be used to prove US citizenship for employment eligibility.
 
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In addition to what nkm-oct23 said:

Priya2, I hope you realize that if you or your husband get naturalized before your daughter's 18th birthday, your daughter becomes a U.S citizen at that moment and she can apply for a passport and/or certificate of naturalization at ANY time after that, including after her 18th birthday. There is no legal requirement for her to apply for a passport or a certificate of naturalization before she turns 18. So there is no particular need for you to "before she turns 18" to be "able to send in the N-600 as well as the Passport applications."
She will be a U.S. citizen even if you apply for both or one of these after she turns 18.
 
I have a feeling I answered this post in a different forum. You can apply for passport and N-600 on the same day, as you will send a photocopy of the certificate with the N-600 and the original for your passport. Oh, yes there is a twist. It is possible to apply for passport for all of you (parents, and daughter) and N-600 on the same day. You just need to find a knowledgeable post office employee that will make a photocopy of the naturalization certificate, certify it with a signature and send it with your daughter's passport application. You might want to check some post offices around you to see which one would do that. For N-600 you only need a plain photocopy of the naturalization certificate.
 
Sorry to ask a question that may seem obvious to some of you. This is my situation. I have two children ages 14 and 18 and I just passed my citizenship interview. I am getting sworn in soon.

Here is the thing: My children (who are Canadian citizens by birth) live with my ex-wife in Canada (where they go to school). We have a joint custody agreement. They spent their summers with me and go back to Canada during the school year. (their going to a private school there which happens to be much cheaper than a private school here).

I would like to apply for their passports/citizenship after I get sworn in. Since they don't live with me more than half the time, do I have to go through the I-130 + I-485 process or can I just apply for their passport? I ask that because they don't have an A- number and by looking at the form, they all seem to ask for that number. I also looked at the N-600K and got totally confused.

Anyone care to take a crack at this? Any input grately appreciated. I understand that your views are not considered legal advice.

Thanks
 
bmom said:
Sorry to ask a question that may seem obvious to some of you. This is my situation. I have two children ages 14 and 18 and I just passed my citizenship interview. I am getting sworn in soon.

Here is the thing: My children (who are Canadian citizens by birth) live with my ex-wife in Canada (where they go to school). We have a joint custody agreement. They spent their summers with me and go back to Canada during the school year. (their going to a private school there which happens to be much cheaper than a private school here).

I would like to apply for their passports/citizenship after I get sworn in. Since they don't live with me more than half the time, do I have to go through the I-130 + I-485 process or can I just apply for their passport? I ask that because they don't have an A- number and by looking at the form, they all seem to ask for that number. I also looked at the N-600K and got totally confused.

Anyone care to take a crack at this? Any input grately appreciated. I understand that your views are not considered legal advice.

Thanks
Click to expand...

Your child who is already 18 does not qualify for a derivative citizenship. The only way for that child to become a U.S. citizen is to get a green card first, then wait 5 years as an LPR (or 3 years if married to a U.S. citizen) and then submit an N-400 application.


For the child who is currently 14, it may be possible to use either the Child Citizenship Act or Section 322 of INA to obtain derived citizenship after you get naturalized.

For the first option, the Child Citizenship Act, the child will need to be under 18, have a green card and reside in the U.S. in your physical and legal custody in order to obtain derived citizenship. In practice this means that after you are naturalized, you'll have to sponsor your child for a green card by filing I-130 (and requesting consular processing). After I-130 is approved and the consular processing is complete, the child will be issued an immigrant visa. He/she will then have to enter the U.S. using that immigrant visa and then receive a green card in mail a little while later. After that, you will be able to apply for a U.S. passport for that child at any local passport acceptance facility (e.g. at a post office). You and the child will have to be physically present when the passport application is submitted and you'll need to supply documentation related to your divorce and proving that you have joint custody of the child with your ex-wife.


For using section 322 of INA (which requires filing N-600K) you yourself would need to move to Canada and reside with your child there.
 
I think getting a green card for the 18 year old unmarried "child" would fall under the unmarried son or daughter under 21 years old of a US citizen which should have immediate availability. So if you are planning to do it, do it before he/she turns 21. He/She then would have to move to the US and wait for 5 years before applying for citizenship.

The younger kid has to also go through the GC process and do what baikal3 says. There might be a question about the physical and legal custody. You would probably have to dig a little more on the issue of whether joint custody is enough to derive citizenship. I am not sure, it might be enough. I think it is enough according to this article:

http://www.nilc.org/immlawpolicy/natzcitzshp/nc035.htm
 
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