Citizenship under section 322INA

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C Colin

Registered Users (C)
My husband has an amrican passport and her mother who is american by born in U.S has the physical presence requirement to apply for our kids.The problem is that my husband although had met all the requirements of a child born abroad from an american mother (She lives in U.S. until her 19th birthday) .she never took his birth certificate or CRBA
when he was a kid. As an adult (46 years old) he went to a US embassy and required his citizenship. They said that is was a new situation to them and gave him a passport and said that he is an american citizen. Now can he apply our kids since his passport was issued last month?
 
Are you a US citizen?

Is this passport he got at 46 years old his first US passport?

Did your husband live in the US for at least a total of 5 years, at some point in his life before his children were born? Does he live in the US now?
 
C Colin said:
My husband has an amrican passport and her mother who is american by born in U.S has the physical presence requirement to apply for our kids.The problem is that my husband although had met all the requirements of a child born abroad from an american mother (She lives in U.S. until her 19th birthday) .she never took his birth certificate or CRBA
when he was a kid. As an adult (46 years old) he went to a US embassy and required his citizenship. They said that is was a new situation to them and gave him a passport and said that he is an american citizen. Now can he apply our kids since his passport was issued last month?
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It is his first passport and he never lived in US,but her mother (The children' grandmother) has the time required .
 
C Colin said:
It is his first passport and he never lived in US,but her mother (The children' grandmother) has the time required .
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Jackolantern said:
Are you a US citizen?

Is this passport he got at 46 years old his first US passport?

Did your husband live in the US for at least a total of 5 years, at some point in his life before his children were born? Does he live in the US now?
Click to expand...

The question is:

Can my husband apply for our children although he took his passport after they were born? Can they considerei that he was american at his birth,according to The law:

"For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship."
 
Your husband never lived in the US, so his children cannot directly claim citizenship through him.

But since his mother lived in the US for the required number of years, his children can claim citizenship based on the grandmother's years of presence in the US, if they are under 18 and are able to complete the N-600K process before turning 18. It will require traveling to the US at the end of the process.
 
Thanks you!
I worried because he doesn't have a CRBA or aBirth Certificate .He filled out some forms and after 10 Days he received his passport. At The N-600k they say that if The child was born from a US citizen.He was but doesn't have any document to proof only his passport issued after The children birth.
Can anyone help me?
 
The N-600K doesn't require the parent to be a born US citizen, nor does it require the parent to have been a US citizen at the time of the children's birth. It also doesn't grant citizenship retroactive to the children's birth; citizenship is granted as of the date of the N-600K interview in the US.

Don't confuse N-600K with N-600. For N-600 under some conditions they require that the parent(s) had US citizenship at the time of the child's birth. But N-600K requires that the parent is a US citizen when the application is filed, not when the children were born.

Your husband is eligible to file N-600 to get his own citizenship certificate. He would have to file the application (along with evidence of his mother's citizenship and presence in the US for the required number of years) with a USCIS office in the US, and pick up the certificate in the US at the end of the process. It would show that he has been a citizen since birth.
 
Also, your husband is indeed a U.S. citizen since he was born. You don't need a CRBA to be a citizen. (It's the other way around; you need to be a citizen to get a CRBA.) You also don't need a passport to be a citizen.
 
Is there a way to send the order from Brazil? I sent. I went to citibank and They saída They need an address and a bank account.
 
C Colin said:
Is there a way to send the order from Brazil? I sent. I went to citibank and They saída They need an address and a bank account.
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You'll need to include the money order in the same package with the application form and supporting documents. Use a private courier such as Fedex, UPS, or DHL. The USCIS page for N-600K has the destination address.

But read the entire N-600K form and instructions carefully before buying the money order or sending the application. Ask questions here if you don't understand something.
 
i've already filled the three N-600K, one for each child.I write a letter showing the my oldest girl is turning 18 in April and put the children's birth certificates with a legal translation,our marriage certificate with translation,my husband birth certificate,grandmothers birth certificate ,her passaports ,shoolcertificate a letter from her high school with her school records,her social security card,her marriage certificate.Am I missing anything?
 
C Colin said:
i've already filled the three N-600K, one for each child.I write a letter showing the my oldest girl is turning 18 in April and put the children's birth certificates with a legal translation,our marriage certificate with translation,my husband birth certificate,grandmothers birth certificate ,her passaports ,shoolcertificate a letter from her high school with her school records,her social security card,her marriage certificate.Am I missing anything?
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You need to include a copy of the identifying page of your husband's US passport, because it is necessary to provide proof of his US citizenship and his passport is his only proof. You're also missing the passport-style photographs of the children and their grandmother.

Make sure that only photocopies are sent with the application. Your husband should bring original documents to the interview in the US.
 
1. A letter
2. G-1145
3.my oldest daughter form with note ( Aged out : 04/2014,birth certificate,photos,money order
4. middle son form,birth certificate,photos,money order
5.the other daughter form,birth certificate,photos,money order
6. my husband documentation: birth certificate,passport identifying page,marriage certificate,
7. grandmother documentation: birth certificate, marriage certificate(name change),passports copies,Peace Corps Cards,Social Security,
College certificate,shools registers ,letters and certificates,
Are you sure about grandmother,s photos?I've found anything about that .The form iam ussing is the last om
ne(05/03/13)
one more question:
On Part 3 ,number 8. Your parent is a U.S. citizen by....
I choose Born abroad to a U.S. csitizen parent (s),but they ask for Certicate of Citizenship Number and in the next box A-Number(if know). I write passport number,and write the number in the box of certificate of citizenship,is it OK?
 
C Colin said:
Are you sure about grandmother,s photos?I've found anything about that .The form iam ussing is the last om
ne(05/03/13)
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See page 2 of the latest instructions (expiration 5/31/2015), the first paragraph under "Required Evidence". It mentions photographs of the grandparent.

I choose Born abroad to a U.S. csitizen parent (s),but they ask for Certicate of Citizenship Number and in the next box A-Number(if know). I write passport number,and write the number in the box of certificate of citizenship,is it OK?
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Leave the certificate number and A-number blank, because they don't exist. They will get the passport number from the photocopy.
 
The expiration date on the top of the first page of the instructions and the form is 5/31/2015. I just downloaded it yesterday from http://www.uscis.gov/n-600k

The revision date at the bottom of the page is 5/31/2013. Maybe you're confusing that with the expiration date?
 
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I'm alreay with the money orders. I drawn it to U.S. Department of Homeland Security,but who send it,my husband or my kids? Is it necessary to write the sender address ? May I write the Brazilian address?
Pay to
U.S. Department of Homeland Security

Address
1820 E. Skyharbor Circle S From ??????
Suite 100 -Phoenix Arizona Address ?????
85034

Memo
N-600K form


Is it right?..

Thanks again
 
I sent the forms on August 26th. And they sent me a letter on Sep.3rd with a receipt number. My case was accepted as showed at the USCIS page and is on review fase now. How much time I have to wait for the decision?
 
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