How soon can LPR child of USC gets citizenship upon arrival? (INA 320)

A

abumiqdad

Member
Hi.

Just curious regarding INA 320. I read the links below from DHS and USCIS on the subject matter.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

https://travel.state.gov/content/tr...ld-Citizenship-2000-Sections-320-322-INA.html

"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."​

1. Any thoughts on how soon upon arrival in the USA that the USC parent can request for a US passport for the child (upon entry, the child is already LPR with I-551 stamp in the passport)? The child will reside with the USC parent.

If anyone had gone through this, can you share some pointers?

Like what documents you need to provide, and how did you start the process?

How long did it take from the beginning of the process up to the delivery of the US passport?

2. Without applying for a US passport, would the citizenship be still happening in the eyes of the law/constitution (as in, the child fulfilled all the requirements according to INA 320, but the parent just did not apply for the passport or N-600). Let's say the child then grew up, went out of the country and then try to come back, would the child be considered as a USC then?
 
abumiqdad said:
Hi.

Just curious regarding INA 320. I read the links below from DHS and USCIS on the subject matter.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

https://travel.state.gov/content/tr...ld-Citizenship-2000-Sections-320-322-INA.html

"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."​

1. Any thoughts on how soon upon arrival in the USA that the USC parent can request for a US passport for the child (upon entry, the child is already LPR with I-551 stamp in the passport)? The child will reside with the USC parent.

If anyone had gone through this, can you share some pointers?

Like what documents you need to provide, and how did you start the process?

How long did it take from the beginning of the process up to the delivery of the US passport?

2. Without applying for a US passport, would the citizenship be still happening in the eyes of the law/constitution (as in, the child fulfilled all the requirements according to INA 320, but the parent just did not apply for the passport or N-600). Let's say the child then grew up, went out of the country and then try to come back, would the child be considered as a USC then?
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1. Asap, once said child has received the green card. Send that in along with the necessary proof including n400 certificate of US Parent,Birth certificate etc.... Apply at your local passport office, Post Office , city hall.

2. Even if one was to argue that the child was a citizen because of US citizen parent. Without a US passport. Or N600 Then Grew up Assuming u meant over 18 . He/she would have to prove his/case by sending in documents proving such.


Best bet is to get the US passport for now.
N600 is about $1170 if i remember correctly
 
Jbuff said:
1. Asap, once said child has received the green card. Send that in along with the necessary proof including n400 certificate of US Parent,Birth certificate etc.... Apply at your local passport office, Post Office , city hall.

2. Even if one was to argue that the child was a citizen because of US citizen parent. Without a US passport. Or N600 Then Grew up Assuming u meant over 18 . He/she would have to prove his/case by sending in documents proving such.


Best bet is to get the US passport for now.
N600 is about $1170 if i remember correctly
Click to expand...

1. My curiosity stems from the statement i quoted from DHS guide. That is how one was supposed to prove the child is residing in the USA. I understood that I-551 stamp is not enough for that purpose. So immediately after the entry, one would have to provide more evidence - hence my question - how and when can i prove it?

2. So speculatively, the child (which is all grown up now), might have to show proofs that he/she fulfilled all the requirements of INA 320 back then, had just not applied for a US passport, and then try to apply for one?
 
abumiqdad said:
2. So speculatively, the child (which is all grown up now), might have to show proofs that he/she fulfilled all the requirements of INA 320 back then, had just not applied for a US passport, and then try to apply for one?
Click to expand...

Is this your wife’s current situation?
 
abumiqdad said:
nope, but i thought a situation like that might happen in the future - though i would want to avoid it
Click to expand...

Okay. I typically don’t respond to hypothetical situations. Hope someone else comes along with some other response.
 
That's okay, maybe you can just ignore the 2nd question, but i would like to get some thoughts on the 1st one - as that will happen soon enough.

1. My curiosity stems from the statement i quoted from DHS guide. That is how one was supposed to prove the child is residing in the USA. I understood that I-551 stamp is not enough for that purpose. So immediately after the entry, one would have to provide more evidence - hence my question - how and when can i prove it?
 
abumiqdad said:
That's okay, maybe you can just ignore the 2nd question, but i would like to get some thoughts on the 1st one - as that will happen soon enough.

1. My curiosity stems from the statement i quoted from DHS guide. That is how one was supposed to prove the child is residing in the USA. I understood that I-551 stamp is not enough for that purpose. So immediately after the entry, one would have to provide more evidence - hence my question - how and when can i prove it?
Click to expand...

Im not sure you can apply for the Childs US passport without the greencard, but if you can
The child will be in America. Take said
child to the passport agency when applying. Send in school records,day care records. Once child is physically here proving that is really easy.
Or wait until you have the physical greencard and send that in along with US parent N400 Certificate ,birth certificate. And you shouldnt have any problems
 
abumiqdad said:
1. My curiosity stems from the statement i quoted from DHS guide. That is how one was supposed to prove the child is residing in the USA. I understood that I-551 stamp is not enough for that purpose. So immediately after the entry, one would have to provide more evidence - hence my question - how and when can i prove it?
Click to expand...
The child is a citizen immediately upon entry and can immediately apply for a passport. The immigrant visa stamped upon entry (thus turning into an I-551) is enough. They don't need to have received the card.

abumiqdad said:
2. So speculatively, the child (which is all grown up now), might have to show proofs that he/she fulfilled all the requirements of INA 320 back then, had just not applied for a US passport, and then try to apply for one?
Click to expand...
Yes. (Also note that provision you are referring to is part of the Child Citizenship Act of 2000, which took effect February 27, 2001. The child must have turned 18 after then for it to apply. The previous law was different.)
 
newacct said:
The child is a citizen immediately upon entry and can immediately apply for a passport. The immigrant visa stamped upon entry (thus turning into an I-551) is enough. They don't need to have received the card.


Yes. (Also note that provision you are referring to is part of the Child Citizenship Act of 2000, which took effect February 27, 2001. The child must have turned 18 after then for it to apply. The previous law was different.)
Click to expand...

So you feel DHS will just accept the I-551 stamp in the child's passport as the only document for the application (Visa type is IR-2 - so that would show the child is a USC's child) , and straightaway produce a US passport for the child (of course the USC parent would have to show some proof of US citizenship - though this stage has also been done during I-130 process , NVC stage as well as embassy interview stage). If that is the case, it looks easy.

I thought after the entry, the child somehow had to be enrolled into a daycare/school first, get the child vaccinated according to the state regulation (federally this is done during medical before IV is issued), and somehow get an assigned physician for the child . Then show all those proofs, before DHS is satisfied that the child is now a resident/already residing in the USA. And that the trip was not a temporary/short trip.

(Reason i am a bit concerned is that the USC in question will enter the USA for the first time too as an adult after leaving the USA without fulfilling the 5 years living in the USA provision)

I am aware of the date CCA 2000 took effect. Thank you for the reminder.
 
abumiqdad said:
So you feel DHS will just accept the I-551 stamp in the child's passport as the only document for the application (Visa type is IR-2 - so that would show the child is a USC's child) , and straightaway produce a US passport for the child (of course the USC parent would have to show some proof of US citizenship - though this stage has also been done during I-130 process , NVC stage as well as embassy interview stage). If that is the case, it looks easy.
Click to expand...
Yes, I think so (well, it's Department of State that issues passports, not DHS). You will also need a marriage certificate of the parents to show that the child was living in the legal and physical custody of the parent.
 
newacct said:
Yes, I think so (well, it's Department of State that issues passports, not DHS). You will also need a marriage certificate of the parents to show that the child was living in the legal and physical custody of the parent.
Click to expand...

Ah sorry, i kept thinking of DHS, probably due to USCIS being under that Dept.

Cool, i'll make sure i bring my marriage cert along to the USA , and a translated copy of it.
 
Some clarification on INA 320
We (Parents are Naturalized Citizens) We did not apply earlier due to family situation and had to reside abroad and our child was born before we naturalized.

My Child (12 yo) has been approved for a green card. He will entering the US this April
From What I understand of INA 320

I can apply for his passport as soon as we arrive in the States as well as for a COC
once he gets the passport is he allowed to travel freely as a citizen or to comply with "residing in the States" he still has to not be outside the country for more than 6 months.

Also can he travel for short trips (3 months or less) till he gets the COC
 
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FYI when I applied for CoC for my child (online) I was asked to upload evidence that she is residing with me permanently in the US. Now you may have that as soon as your child arrives, but I’m guessing more realistically you’ll have to wait till he is enrolled in school, has a regular doctor, etc to be able to actually provide that type of evidence.

Also be aware that to apply for his US passport immediately, you’ll have to submit his own nationality passport for proof of entry as LPR (the stamped immigrant visa, yes they need the original) so he will be without a passport for the processing time of the US passport. I’m assuming he will not be immediately leaving the US again so this shouldn’t be a problem, but just an FYI.
 
Sanjiv.Thomas said:
Some clarification on INA 320
We (Parents are Naturalized Citizens) We did not apply earlier due to family situation and had to reside abroad and our child was born before we naturalized.

My Child (12 yo) has been approved for a green card. He will entering the US this April
From What I understand of INA 320

I can apply for his passport as soon as we arrive in the States as well as for a COC
once he gets the passport is he allowed to travel freely as a citizen or to comply with "residing in the States" he still has to not be outside the country for more than 6 months.

Also can he travel for short trips (3 months or less) till he gets the COC
Click to expand...
If he is coming to the US to reside, he immediately becomes a citizen upon entering the US.

A Certificate of Citizenship is just a convenience document that says what status he already has -- he is already a US citizen after he enters, and in fact only people who are already US citizens can file N-600. There is no legal significance to whether he gets it or not, and there is no legal difference between before he gets it and after he gets it. Many people never bother to get a certificate; the passport is fine as proof of citizenship. As a US citizen, he can leave the US for as long as he likes and come back at any time.
 
interesting and confusing

Once he gets his passport he can travel as he pleases. so "residing in the States" basically means it is his intent to make the States is primary dwelling

Will the Passport agency question on why we are applying for a passport immediately ?
 
In our experience, the passport agency just collects and sends on the documents. The actual evaluation of the application and any subsequent requests for further evidence (which we did get, but different situation to yours) come from the Dept of State passport office in Virginia.
 
let me just chip in based on my personal experience.

My family have moved to the USA and then i applied for my kid's passport. We were not asked of any proof of the kid residing in the USA with the USC parent, not sure how the passport office/DoS determined that when they got our application.

Made a mistake of filling out the passport application form as the USC parent was supposed to sign the form, so our application got delayed and we got contacted via email, as well as letter with additional requests from the passport office. We were requested to provide the proof of the child being LPR (which we had provided I-551 in the foreign passport) to give a proof of the USC parent's whereabout from childhood till now. (DS-5507. 01-2016. AFFIDAVIT OF PHYSICAL PRESENCE OR RESIDENCE, PARENTAGE AND SUPPORT)

We have already submitted the proof of permanent residency initially so not sure why they asked that. But we filled out the DS 5507 and submitted the documents again. Still we got another letter from the passport office, this time on top of the items they have asked before (2 items as stated above), the USC parent's birth cert OR US passport to proof US Citizenship. And the LPR proof, they clearly stated they want the physical Green Card.

This time i wrote a letter stating that i am applying via INA 320, and based on the requirements of the INA 320, the child should be a USC. We did not apply for the physical GC (by not paying the fee), so the only GC is in the foreign passport I-551. After sending the letter, i got a call from the passport office, trying to understand my issues. Apparently the passport office wanted to check if the USC parent qualifies to transfer the citizenship (2 years before 14 and 3 years after). Had to explain my letter again, and i said i am using INA 320, so the agent said she will refer to her superior and since i clearly stated in my letter that the kid qualifies via INA 320, it might be okay.

3-4 days later we got the passport in the mail.

Summary: passport office did not ask proof of residency, nor ask if the child is staying with USC parent (but of course, to apply for US passport both parents were there at the passport office to request for it). But they got confused with the application and requested unnecessary documents from us.
 
abumiqdad said:
let me just chip in based on my personal experience.

"We have already submitted the proof of permanent residency initially"

"Apparently the passport office wanted to check if the USC parent qualifies to transfer the citizenship (2 years before 14 and 3 years after)."
Click to expand...

1. "We have already submitted the proof of permanent residency initially" If you are okay what proof did you submit?
2. How soon after arriving did you apply for your child's passport
 
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