Child Naturalization

[emilgugutkov]

My son has came under 18 ( age 17) he got his green card then we applied for a passport but they didnt accept his application and returned his documents after he turned 18 so what do we have to do now ? he is 18 now and we dont know what to do please help me out, can we now apply for citizenship after he turned 18 and which form do we need to fill out .
Thank you

 

[newacct]

If he became a citizen according to the law, then he will always remain a citizen, no matter what age he is now. He can still apply for a US passport or apply for a Certificate of Citizenship at any time, though a passport is much cheaper and faster.

I am not sure what you mean by "they didn't accept his application". Were some documents missing or something? or did they think he was not a citizen?

 

[emilgugutkov]

Hello,
The application got denyed because they wanned custody latter from the mother which we have send with the application and they didnt accept it so they returned the documents to me and now i dont know how to apply for my son and which form do i need to fill as once the passport application was denied and i dont want it to get denied again.

Thank you

 

[SusieQQQ]

Hello,
The application got denyed because they wanned custody latter from the mother which we have send with the application and they didnt accept it so they returned the documents to me and now i dont know how to apply for my son and which form do i need to fill as once the passport application was denied and i dont want it to get denied again.

Thank you

Can you clarify what the “custody letter” was? It needs to be legal custody according to the law, so it presumably needs to be a court order or some other formal document that will stand up in court - not simply a letter from the parent that has no legal standing.

 

[emilgugutkov]

Can you clarify what the “custody letter” was? It needs to be legal custody according to the law, so it presumably needs to be a court order or some other formal document that will stand up in court - not simply a letter from the parent that has no legal standing.

Hello so the 'custody letter' they wanned was to say that my son has the right to live with me the father and the mother is giving permission for my son to live with me here . which she gave us but they didnt accept it

 

[1AurCitizen]

Hello so the 'custody letter' they wanned was to say that my son has the right to live with me the father and the mother is giving permission for my son to live with me here . which she gave us but they didnt accept it

As mentioned earlier, the custody letter must be a legal and formal court order/document. Permission letter from the mother is not legally sufficient.

 

[emilgugutkov]

As mentioned earlier, the custody letter must be a legal and formal court order/document. Permission letter from the mother is not legally sufficient.

yes it was in a legal

 

[SusieQQQ]

yes it was in a legal

Well... not enough for them as they stated that the divorce order gave your mother custody and that is what they based the decision on. I’m not sure you can do anything about that now, maybe appeal ($$$ and time), in the meantime you have your green card yes?

 

[emilgugutkov]

Well... not enough for them as they stated that the divorce order gave your mother custody and that is what they based the decision on. I’m not sure you can do anything about that now, maybe appeal ($$$ and time), in the meantime you have your green card yes?

yes he has his green card its for 10 years they gave him. so can my son apply for a passport or not?

 

[1AurCitizen]

He can apply but will again be denied until USCIS is satisfied that you have legal custody.

If the court gave the mother legal custody, and she herself is not a US citizen, then the child will not get a passport. Right to live with a parent is not the same as legal custody.

 

[emilgugutkov]

He can apply but will again be denied until USCIS is satisfied that you have legal custody.

If the court gave the mother legal custody, and she herself is not a US citizen, then the child will not get a passport. Right to live with a parent is not the same as legal custody.

but he is 18 years old now ?

 

[emilgugutkov]

He can apply but will again be denied until USCIS is satisfied that you have legal custody.

If the court gave the mother legal custody, and she herself is not a US citizen, then the child will not get a passport. Right to live with a parent is not the same as legal custody.

so cant he just apply? or he needs to be 21?

 

[SusieQQQ]

yes he has his green card its for 10 years they gave him. so can my son apply for a passport or not?

If they did not accept the custody document then they judged he did not meet the conditions for n600; from what I can see, his only option is to wait until he has had his green card for 5 years and (assuming he meets the other requirements) apply to naturalize on his own.

 

[emilgugutkov]

If they did not accept the custody document then they judged he did not meet the conditions for n600; from what I can see, his only option is to wait until he has had his green card for 5 years and (assuming he meets the other requirements) apply to naturalize on his own.

here is a picture of the letter we recived after the application was denied for the passport if you can take a look at it and tell me what do we have to do next ? what form we have to fill or somthing please thank you

 

[SusieQQQ]

here is a picture of the letter we recived after the application was denied for the passport if you can take a look at it and tell me what do we have to do next ? what form we have to fill or somthing please thank you

This letter was posted already here and my answers have been given in light of the reasons in there, I don’t know what else you expect us to say. Unless you have an acceptable document showing you had legal custody of your son before he turned 18 (when he was in the US living with you) there is not much you can do. You can’t just fill in a form, you have to have met all the required conditions. You can either appeal the decision if you believe they incorrectly rejected the custody letter, or you can wait until your son is able to apply for naturalization via N400.

 

[emilgugutkov]

This letter was posted already here and my answers have been given in light of the reasons in there, I don’t know what else you expect us to say. Unless you have an acceptable document showing you had legal custody of your son before he turned 18 (when he was in the US living with you) there is not much you can do. You can’t just fill in a form, you have to have met all the required conditions. You can either appeal the decision if you believe they incorrectly rejected the custody letter, or you can wait until your son is able to apply for naturalization via N400.

thank you

 

[newacct]

The question is whether he is already a US citizen or not, which is a matter of law. If he is a US citizen, then he can get a US passport; if he has insufficient evidence of citizenship, he can try to get more evidence and try again, no matter what age he is. If he is not a US citizen, then he cannot get a US passport no matter how many documents he gives.

INA 320 says that a permanent resident under 18 living in the US in the legal and physical custody of a US citizen parent automatically becomes a US citizen. We need to determine whether those conditions were ever met. He was a permanent resident under 18 living in the US. He had one US citizen parent, you (his mother is not a US citizen). So it depends on whether he was in your legal and physical custody between when he entered as a permanent resident and when he turned 18. From the letter, it sounds like you did not have legal custody. Even if the mother consented to the child living with you, that does not give you legal custody. Joint custody also works for the purposes of this law, but it sounds like you did not even have joint custody.

So he is not currently a US citizen, and would have to apply for naturalization on his own after he is a permanent resident for 5 years.

 

[emilgugutkov]

The question is whether he is already a US citizen or not, which is a matter of law. If he is a US citizen, then he can get a US passport; if he has insufficient evidence of citizenship, he can try to get more evidence and try again, no matter what age he is. If he is not a US citizen, then he cannot get a US passport no matter how many documents he gives.

INA 320 says that a permanent resident under 18 living in the US in the legal and physical custody of a US citizen parent automatically becomes a US citizen. We need to determine whether those conditions were ever met. He was a permanent resident under 18 living in the US. He had one US citizen parent, you (his mother is not a US citizen). So it depends on whether he was in your legal and physical custody between when he entered as a permanent resident and when he turned 18. From the letter, it sounds like you did not have legal custody. Even if the mother consented to the child living with you, that does not give you legal custody. Joint custody also works for the purposes of this law, but it sounds like you did not even have joint custody.

So he is not currently a US citizen, and would have to apply for naturalization on his own after he is a permanent resident for 5 years.

thank you

 

[emilgugutkov]

The question is whether he is already a US citizen or not, which is a matter of law. If he is a US citizen, then he can get a US passport; if he has insufficient evidence of citizenship, he can try to get more evidence and try again, no matter what age he is. If he is not a US citizen, then he cannot get a US passport no matter how many documents he gives.

INA 320 says that a permanent resident under 18 living in the US in the legal and physical custody of a US citizen parent automatically becomes a US citizen. We need to determine whether those conditions were ever met. He was a permanent resident under 18 living in the US. He had one US citizen parent, you (his mother is not a US citizen). So it depends on whether he was in your legal and physical custody between when he entered as a permanent resident and when he turned 18. From the letter, it sounds like you did not have legal custody. Even if the mother consented to the child living with you, that does not give you legal custody. Joint custody also works for the purposes of this law, but it sounds like you did not even have joint custody.

So he is not currently a US citizen, and would have to apply for naturalization on his own after he is a permanent resident for 5 years.

hello i got other question how are we meant to Proof the custody of my son? and also it says on the uscis website Proof the child is residing or has resided in the USA in the legal physical custody of the USA Citizen parent pursuant to a lawful admission for permanent residence. The i551 stamp enderosed in the childs foreign passport or the childs permanent resident or "green" card will establish lawful admisson for permament residence but not the fact that the child is residing in or has resided in the USA as required by IN32(A)3() separate evidence established that has resided in the USA in the lagal and physical custody of the USA citizen parents may be requested; Proof that the child is or was under the age of 18 when all condition are met? and also it says
A child who has lawful permanent resident (LPR) status will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child's passport. This stamp shows that the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident. Admission as a lawful permanent resident alone does not establish that the child is residing or has resided in the United States; that requirement must be established separately. (See below for additional information.)
How to Show That a Child Is Residing or Has Resided in the United States:
Mere entry into the United States or a temporary visit - even if on an immigrant visa - does not meet INA Section 320’s requirement that the child be "residing in the United States." Determining whether a child is residing/has resided in the United States typically rests on an analysis of both the character and the duration of the stay. A parent may be required to provide supporting evidence regarding a child’s stay in the United States in the legal and physical custody of the U.S. citizen parent(s) in support of the child’s passport application.

In which when my son was coming to the USA with his immigrant visa they stamped his passport with the I551 stamp. so how are we meant to present proof to the USA so my son can become a citizen and get a passport ? and which form what do we have to do please advice.
Thank you

 

[SusieQQQ]

hello i got other question how are we meant to Proof the custody of my son? and also it says on the uscis website Proof the child is residing or has resided in the USA in the legal physical custody of the USA Citizen parent pursuant to a lawful admission for permanent residence. The i551 stamp enderosed in the childs foreign passport or the childs permanent resident or "green" card will establish lawful admisson for permament residence but not the fact that the child is residing in or has resided in the USA as required by IN32(A)3() separate evidence established that has resided in the USA in the lagal and physical custody of the USA citizen parents may be requested; Proof that the child is or was under the age of 18 when all condition are met? and also it says
A child who has lawful permanent resident (LPR) status will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child's passport. This stamp shows that the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident. Admission as a lawful permanent resident alone does not establish that the child is residing or has resided in the United States; that requirement must be established separately. (See below for additional information.)
How to Show That a Child Is Residing or Has Resided in the United States:
Mere entry into the United States or a temporary visit - even if on an immigrant visa - does not meet INA Section 320’s requirement that the child be "residing in the United States." Determining whether a child is residing/has resided in the United States typically rests on an analysis of both the character and the duration of the stay. A parent may be required to provide supporting evidence regarding a child’s stay in the United States in the legal and physical custody of the U.S. citizen parent(s) in support of the child’s passport application.

In which when my son was coming to the USA with his immigrant visa they stamped his passport with the I551 stamp. so how are we meant to present proof to the USA so my son can become a citizen and get a passport ? and which form what do we have to do please advice.
Thank you

They know he was a permanent resident, that’s in the letter. The issue is legal custody.