Chitizenship for child born abroad

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hamelionche

Registered Users (C)
Hello I have question regarding my daughter`s citizenship. I am permanent resident with green card since april 2003. In june 2005 I give birth to our girl outside the US. My husband is never been in USA, he doesn`t have any status in USA. My child is awarded with LPR status because she make hers first entry into the USA with Me within the first two years of life. This was also the first trip back for me since her birth. She receive her green card and she is permanent resident (low). As you can see from my signature I am waiting for Interview letter. I need advise or opinion when and how I have to apply for her citizenship?

1. Will my child acquire US citizenship at the day of my Oath of allegiance.

2 Can I apply for her passport along with my application for passport or I have to fill out N600?

Thanks.
 
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1. Yes, as far as she is under 18 when you naturalize and is in the U.S. in your physical and legal custody.
2. Yes, you can apply for her passport. No need for N-600 for this purpose. You just send your naturalization certificate and her birth certificate along her passport application. In some post offices they can take a copy of your naturalization certificate, certify it and send that, so you and her can apply exactly at the same time. N-600 is useful to have a record with USCIS of her citizenship, but it is not needed to apply for passport.
 
She is with my husband right now for few months out of USA, but still maintain legal status here (no absents more then a year). Is she is in my phyisical custody? We are not divorced with my husband - just live separated until I get my citizenship so he could come here.
 
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bring your daughter b4 yr oath

hamelionche said:
She is with my husband right now for few months out of USA, but still maintain legal status here (no absents more then a year). Is she is in my phyisical custody? We are not divorced with my husband - just live separated until I get my citizenship so he could come here.
Click to expand...

Bring yr daughter to usa b4 yr oath. then both of you can apply passport together.
 
Have you actually been living in the US for the past 5 years, or spending lots of time abroad with your husband? It sounds to me like you may have some long absences to account for, so don't be surprised if you get questioned about your true residence and travel activity during the interview.
 
Unfortunately I have one absent more then six months but under a year, my other trips are under 6 months. That was when I was pregnant, had to go back to get married, because my husband didn`t get a visa to come and visit me here. boatbod you are right - I am not sure will I be able to get citizenship, but I was wondering what are the laws and the chances. I hope everything will be ok, I`ll keep in touch. I live with my parents here, still trying to find out how to prove that I didn`t abandon my status here ...
 
Going back to your question, it is a gray area. It might be that your daughter becomes a citizen when you take the oath, even if she is out of the country with her father for a short visit. However, to be sure you should apply for her passport once she is back. I think ideally once you know your oath date you should make sure your daughter is back in the U.S. before you take the oath. I don't think USCIS has good and clear guidelines for GC children who are temporarily out of the country.
 
Unless a child becomes a citizen at birth, I believe they need to be physically present in the US (even if only temporarily) to gain derived citizenship.
 
Hi boatbod,

I was thinking of a document I read time back (and probably won't be able to find again) which discussed the USCIS handling of N-600. I believe the document speculated with the possibility of the child becoming a citizen even when outside the country as long as the child usually resides in the U.S. in the legal and physical custody of the U.S. citizen parent. However, I think the same document said that for now the child should be in the U.S. to meet all the requirements of the child citizenship act.
 
Found it! ;) , and I think as far as I can see it is what I said in my previous post.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=01-14579-filed

What Is Meant by the Phrase ``Residing in the United States Pursuant to
a Lawful Admission for Permanent Residence''?

To qualify under the CCA, applicants must establish not only that
they have been admitted to the United States as lawful permanent
residents, but also that they are ``residing in'' the United States
pursuant to admission in such status. Admission in any immigrant
classification will satisfy the requirement that the applicant be
admitted to the United States as a lawful permanent resident. A more
difficult question is raised by the requirement that the applicant be
``residing in'' the United States. Under the section 101(a)(33) of the
Act, ``residence'' is defined as ``the place of general abode; the
place of general abode of a person means his principal, actual dwelling
place in fact, without regard to intent.'' On the other hand, in
certain circumstances, an alien with lawful permanent resident status
may live outside the United States without losing that status, and for
some purposes U.S. citizens living outside the United States are
considered to still have a residence in the United States.
The Service, in conjunction with the Department of State, is
reviewing the legal question of whether, and if so, under what
circumstances, a child with lawful permanent resident status who is
actually living outside the United States can be described as
``residing in'' the United States for purposes of the CCA. Until this
question is resolved, the Service and Department of State will only
document as a United States citizen a child in two instances. First,
the child will qualify if, on or after February 27, 2001, the child is
admitted as a lawful permanent resident and actually living in the
United States. Second, in the case of a child who was previously
admitted as a lawful permanent resident but was absent from the United
States on February 27, 2001, the child will qualify only if that child
returned to the United States after February 27, 2001 and was re-
admitted as a lawful permanent resident. The child must also be in the
legal and physical custody of the U.S. citizen parent. The Service and
Department of State, in the interim, will regard that child as residing
in the United States.
 
Thanks for your opinion and information guys. I am still little bit confused with all the information and can`t decide what to do. I`m going to share my experience with you after the interview. Thanks again.
 
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