Citizenship for my son

S

sbt2007

New Member
Hi

I am just completing 5 years of my Permanent Residency and about to apply for Citizenshp for me and my wife. My understanding is that kids below 18 years ages, we can directly apply for passport (N-600) after parent's got the citizenship.

My son has got Green card along with and now he is 14 years. Since last three years he is in India and coming to USA once in a year (in holidays). As he has not maintained his continuous residence status here, Will it be problem when I apply for Citizenship for him?

Please anybody can help.

Thanks in advance.
 
sbt2007 said:
Hi

I am just completing 5 years of my Permanent Residency and about to apply for Citizenshp for me and my wife. My understanding is that kids below 18 years ages, we can directly apply for passport (N-600) after parent's got the citizenship.

My son has got Green card along with and now he is 14 years. Since last three years he is in India and coming to USA once in a year (in holidays). As he has not maintained his continuous residence status here, Will it be problem when I apply for Citizenship for him?

Please anybody can help.

Thanks in advance.
Click to expand...

Looks like he has abandoned his green card status. I am surprised he can get into the country. :confused:
He has to have a green card in order to apply for a passport.
N-600 is not for a passport, it is for a citizenship certificate.
 
The Child Citizenship Act of 2000 does not mandate any specific residency period for the child, rather is simply says they must be living in the US under the direct custody of the USC parent.

So... setting aside the issue of abandonment... it seems the child really needs to be living with you, here in the US, otherwise they will not automatically derive US citizenship.
 
boatbod said:
The Child Citizenship Act of 2000 does not mandate any specific residency period for the child, rather is simply says they must be living in the US under the direct custody of the USC parent.

So... setting aside the issue of abandonment... it seems the child really needs to be living with you, here in the US, otherwise they will not automatically derive US citizenship.
Click to expand...

Actually, as I understand it, the Child Citizenship Act requires permanent residence of the child. For example, on this state department site, it says:

http://travel.state.gov/family/adoption/info/info_448.html said:
The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence.
Click to expand...

But, the only proof the state department requires is a green card. I'm not sure what happens at the N-600 interview (hopefully I'll find out soon :().

I really doubt if the look to hard at whether the child abondoned his residence - they only travel questions on the form are for "Only for persons born before October 10, 1952, who are claiming U.S. citizenship at time of birth"
 
Flydog said:
Actually, as I understand it, the Child Citizenship Act requires permanent residence of the child.
Click to expand...

Yes, that would certainly be true for a regular N-600 or direct passport application. Apologies if I made it sound otherwise.

Flydog said:
But, the only proof the state department requires is a green card. I'm not sure what happens at the N-600 interview (hopefully I'll find out soon :().

I really doubt if the look to hard at whether the child abondoned his residence - they only travel questions on the form are for "Only for persons born before October 10, 1952, who are claiming U.S. citizenship at time of birth"
Click to expand...

You might think so, but I definitely recall someone saying their N-600 case was denied(!) a few months back because the IO said they weren't currently resident, even though they clearly had been at the time the parent naturalized. Quite possibly its just an example of USCIS not understanding its own rules...
 
similar situation for me

We got our GC three years back. My son is now 12 years and we wanted to join him in India. He can come once in a year and stays here for 3 months and goes back. Is it a problem, when we apply for his US Citizenship Passport. Please help me

Thanks
 
bobsun said:
We got our GC three years back. My son is now 12 years and we wanted to join him in India. He can come once in a year and stays here for 3 months and goes back. Is it a problem, when we apply for his US Citizenship Passport. Please help me

Thanks
Click to expand...

So does your son have his GC? If not, I believe his only citizenship option is the N-600K, but I admit to knowing little to nothing about that particular process.
 
bobsun said:
He has GC
Click to expand...

In that case, you can use the regular N-600 or just apply for a passport. He will however need to be resident in the US in your custody. Not sure how that jives with the "he can only come for 3 months a year" thing... wouldn't want to get into that discussion with an inspector at a PoE or an IO at a USCIS office.
 
You must log in or register to reply here.
Top