Child naturalization question.

B

Bbyaka

Registered Users (C)
Can anybody help me with the following question, please? I am about to become a US citizen (Oath Ceremony is scheduled for Nov. 3rd). Currently I am separated with my wife and we are working on ironing out the details of the final divorce agreement. So, we are not divorced yet. We haven't also signed any agreements regarding legal custody of the children yet.

Now the question... How can my 13-year-old daughter become naturalized (she was born abroad, but has lived in the countly for the last 11 years)? I know that her mother has not even submitted her N-400 yet. Does the child become a citizen automatically, when one of the parents becomes a citizen? What is involved? Does the naturalized parent have to have legal custody of the child? Please explain, if you know the details. Thanks.
 
bashar82 said:
I think you have to submit a N-600 form for your child after you have taken the oath.
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Today, when I had my oath, we were told that any children of the new Citizen under 18 years and a lawful permanent resident automatically become a US citizen with the parent (though they are not present at the ceremony). N600 is only to get a certificate confirming that and for your records.

They actually handed out a list of FAQs, to avoid these kind of questions during oath ceremony!! :D
 
Good News!

Great Answer Phillydude!, Yes, all children under the age of 18 who are permanent resident, when either parent becomes a US citizen are automatically US citizens. So N-600 is just a formality, and used for identification purposes or to apply for US passports and other benefits that require identification for US Citizenship. Also no oath or application is required.

If a child resides outside the US, upon entry through a US port, the child automatically attains US citizenhip, if the either parent is a US citizen (Child Citizenship Act 2001, this provision was update in 2004). This has been discussed at lenght in this forumn.
 
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Bbyaks,
Soul_fh and Phillidude have addressed your concern correctly.
Your child is already a USC automatically on your oath by operation of law and does not require any application for attaining status of USC. N-600 is an application ofr getting certificate of citizenship for your child which is optional really.
I have a child who is PLR but presently living abroad. I asked the US consulate abroad how can I get USC for my child. He examined my child's passport and green card. He noted that my child had not been to US since I became a USC. So he informed to me that as and when my child enters into US as LPR on his next journey home, he will become USC automatically. When he comes back to this US consulate, he will see for his arrival stamp at the POE and he will have no problem to issue to him a US passport.
 
Bbyaka and Phillydude,

Congratulations! So finally its all over for you guys. I was refingerprinted on October 12th and I am still waiting for the oath letter.
 
Congratulations Bbyaka!
First of all apply for your child's passport. You and your wife need to go to the post office and apply for her passport. They will ask both of you to sign a form since your daughter is a minor. You will need to bring your Certificate of Naturlization, her birth certificate and your marriage certificate.

You MUST apply for your daughter's Certificate of Citizenship. To do this you need to file N-600 with your district office. By doing this your daughter will be done with the USCIS for good.

Good luck and congratulations again.
 
"Soul_fh
Great Answer Phillydude!, Yes, all children under the age of 18 who are permanent resident, when either parent becomes a US citizen are automatically US citizens. So N-600 is just a formality, and used for identification purposes or to apply for US passports and other benefits that require identification for US Citizenship. Also no oath or application is required."

"hm11
First of all apply for your child's passport. You and your wife need to go to the post office and apply for her passport. They will ask both of you to sign a form since your daughter is a minor. You will need to bring your Certificate of Naturlization, her birth certificate and your marriage certificate.
You MUST apply for your daughter's Certificate of Citizenship. To do this you need to file N-600 with your district office. By doing this your daughter will be done with the USCIS for good."


Does one have to get certificate of citizenship first by applying N-600 and then apply for passport? Or like hm11 says one can go to post office and apply for his minor child 's passport even before filing N 600 ? Can citizen parent alone apply for minor 's passport or both parent must go to post office to sign the form?
Please clearify.
 
Yeah Right!

Yeah right!, someone at USCIS must have been either drunk or stoned for calling it the Child Citizenship Act (CCA) Program Update, January 2004

Radni, basically, the update removed prior residency requirements for the parents inorder for the child to be eligible.

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

* At least one adoptive parent is a U.S. citizen,
* The child is under 18 years of age,
* If the child is adopted, a full and final adoption of the child, and
* The child is admitted to the United States as an immigrant

No Residency Requirements for parents

Hmm..It used to be that there was no such thing as an update, now it's just not an update, it's some regulations. does that reallly make sense?, can USCIS really change any regulations without a change in the law?


Dude, here's the link, Good Luck!

http://uscis.gov/graphics/services/natz/CCA_Update.htm

http://www.ailc.com/services/natz/CCA_Update.htm
 
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Child naturalization question

My son (14 years old) got his visa abroad. My husband who is a US citizen petitioned him. He is scheduled to come here on April, 2006. Our arrangement with my son is he can continue going to school abroad and will come here (US) during Christmas and or school breaks.

My questions are the following:

1. When will he get his green card? Does he need to apply for one or is it automatic when he enters California?

2. Can he apply for a US passport as soon as he gets here? If so, what are the documents that we need to submit? I understand a certificate of naturalization will be needed. Since I am waiting for my oath taking notice, can I submit mine if it is in my possesion instead of my husband's?

3. Can I apply for N-600 on his behalf even if he is still abroad? This way, there will be enough time for his arrival in April before the N600 gets approved. Is this possible?

4. If I cannot apply N600 in his behalf, does he need to stay here to apply for one? Does he have to be physicallly present when it gets approved?

Please advise. I am confused what to do. The USCIS website information is very limited as far as my questions are concerned. Thank you.
 
Radni said:
"Soul_fh
Great Answer Phillydude!, Yes, all children under the age of 18 who are permanent resident, when either parent becomes a US citizen are automatically US citizens. So N-600 is just a formality, and used for identification purposes or to apply for US passports and other benefits that require identification for US Citizenship. Also no oath or application is required."

"hm11
First of all apply for your child's passport. You and your wife need to go to the post office and apply for her passport. They will ask both of you to sign a form since your daughter is a minor. You will need to bring your Certificate of Naturlization, her birth certificate and your marriage certificate.
You MUST apply for your daughter's Certificate of Citizenship. To do this you need to file N-600 with your district office. By doing this your daughter will be done with the USCIS for good."


Does one have to get certificate of citizenship first by applying N-600 and then apply for passport? Or like hm11 says one can go to post office and apply for his minor child 's passport even before filing N 600 ? Can citizen parent alone apply for minor 's passport or both parent must go to post office to sign the form?
Please clearify.
Click to expand...
No, to apply for child's passport you don't need his/her citizenship certificate.
Here is the link as to how to get a passport for minor children:
http://www.travel.state.gov/passport/get/minors/minors_834.html
 
non- custodial parent

JoeF said:
Yes, the regulations are basically interpretations of the law. CFR = Code of Federal Regulations. They are published in the Federal Register by the authorities that are tasked with that, in the case of regulations for immigration law, the USCIS.
So, CIS has updated the regulations, i.e., their interpretation of the law, i.e., 8 CFR 320.
And according to the page you linked to, all they did was "The USCIS has reengineered its processing in order to streamline the production of Certificates of Citizenship for certain children adopted abroad. Streamlined processes have been developed for newly entering IR-3 children who are automatically U.S. Citizens when they arrive."

Actually, I should clarify that while the regulations are their interpretation of the law, they are at the same time also the implementation details. For example, the law doesn't say which forms need to be filled out, and where they have to be filed. That's all part of the regulations in the CFRs.
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I will have my citizenship soon and i am divorced and have 3 kids below 18 years old but they are under the custody of my ex-wife who is LPR. If i get my citizenship , early next year and my kids though they dont reside or live with me, will they be automatically US citizens as well?
I will appreciate any opinions. Thank you very much.
 
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