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

[abumiqdad]

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

1. just the stamped I551 in the foreign passport. i had to explain again during the call with the passport office that we did not pay for the Green Card fee so no Green card got produced for the kid as we believed INA320 already applied to our kid and the kid is already a USC upon entry to the USA. The agent understood that fact after the call.

2. close to 10 months i think. it was just due to laziness, and maybe just making sure we have stayed long enough that the Dept of State would not question the kid's stay in the USA (not just visiting).

 

[Sanjiv.Thomas]

Thank you very much for sharing your personal experience.

let me just chip in based on my personal experience.

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,

If I understand correctly the condition above is at least 5 years after the age of 14 but no mention of below, or am i missing something in the INA

Once again thank you for your time and effort

 

[abumiqdad]

Thank you very much for sharing your personal experience.


If I understand correctly the condition above is at least 5 years after the age of 14 but no mention of below, or am i missing something in the INA

Once again thank you for your time and effort

i got the number wrong, 2 years after 14

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

3. Child of U.S. Citizen Parent and Alien Parent [9]
A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

• One parent is an alien and the other parent is a U.S. citizen; and
• The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

 

[Sanjiv.Thomas]

Makes sense. Thank you very much. In our case it does not apply as we are naturalized so i guess the time spent after 14 automatically gets factored in .

once again thank you for sparing your valuable time

 

[newacct]

The 5 years in the US before the child's birth, including 2 after 14, condition is for citizenship at birth. There are people applying for passports based on many different ways of acquiring citizenship, and the people just mistakenly thought in abumiqdad's case at one point that the child was claiming to be a citizen from birth. That was not the case, as the child was claiming to have become a citizen after birth by being a permanent resident under 18 living in the US with a US citizen parent (INA 320); this is the same as your case; no length of presence in the US for either the child or parent is needed for this case.

 

[abumiqdad]

The 5 years in the US before the child's birth, including 2 after 14, condition is for citizenship at birth. There are people applying for passports based on many different ways of acquiring citizenship, and the people just mistakenly thought in abumiqdad's case at one point that the child was claiming to be a citizen from birth. That was not the case, as the child was claiming to have become a citizen after birth by being a permanent resident under 18 living in the US with a US citizen parent (INA 320); this is the same as your case; no length of presence in the US for either the child or parent is needed for this case.

Yes, though i found it odd that that they still asked for a proof of US Permanent Residency (which a US citizen from birth should not have - unless it was by mistake).

But anyway, that was done and glad it was over.

 

[Sanjiv.Thomas]

That was not the case, as the child was claiming to have become a citizen after birth by being a permanent resident under 18 living in the US with a US citizen parent (INA 320); this is the same as your case; no length of presence in the US for either the child or parent is needed for this case.

Ah i guess this is where the confusion lays. if a citizen parent/(s) return/(s) to reside with their child, the child becomes a citizen on entry into the states as per INA 320.

However recently there was a clarification saying short visits to the US do not confer INA 320 while the act says " no length of presence in the US for either the child or parent is needed for this case"

So my guess is that both the DOS and DHS would like to see intent to reside ??

 

[abumiqdad]

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

How Does the Child Get a Passport If Acquisition of Citizenship Is under INA Section 320?



All passport applicants must prove both U.S. citizenship and identity to be issued a U.S. passport. For applicants claiming acquisition of U.S. citizenship pursuant to INA Section 320, the following evidence is required:

• A Certificate of Citizenship issued by USCIS (This will also suffice to establish U.S. citizenship if acquisition is under INA 322, discussed below.)
• If the child has not been issued a Certificate of Citizenship by USCIS, the passport application must include the following proof of acquisition of citizenship under the INA Section 320:

1. Proof of the child's relationship to the U.S. citizen parent. For the biological child of the U.S. citizen this will usually be a certified copy of the foreign birth certificate (and translation if not in English). In circumstances where it is not clear that the birth certificate is adequate proof of a biological relationship between the child and the U.S. citizen parent, other types of evidence, including medical and/or DNA tests, may be requested. For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);
2. Proof that the child is residing or has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) pursuant to a lawful admission for permanent residence. The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or “green” card will establish lawful admission for permanent residence, but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3). Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested;
3. Proof that the child is or was under the age of 18 when all conditions are met.

 

[Holdbreit]

1. just the stamped I551 in the foreign passport. i had to explain again during the call with the passport office that we did not pay for the Green Card fee so no Green card got produced for the kid as we believed INA320 already applied to our kid and the kid is already a USC upon entry to the USA. The agent understood that fact after the call.

2. close to 10 months i think. it was just due to laziness, and maybe just making sure we have stayed long enough that the Dept of State would not question the kid's stay in the USA (not just visiting).

Can you confirm if the passport office kept the foreign passport with the I551 stamp until the US passport was delivered or was it enough for them to view it and take a copy? Thank you.

 

[Aborgia]

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

Both cases have been denied based on n-600 uscis. However, I still have a few days to appeal.
All the laws state that an individual must be under 18 years old.
My father was a citizen of the United States. He lived there for almost two decades. I am also an American citizen. My citizenship has been recognized.
The INA 322 contemplates the grandfather's physical presence.
They entered the United States as permanent residents, IR2, and they must live outside of the United States per 322 rules.
Taking 16 months with the USCIS last year, when they entered, the youngest was 19 years old and the female was 22.
As a result, they denied my application since I was over 18.
they are permanent residency
It would be helpful if you could help me. I have obtained several laws and their amended versions, but not those concerning age
My eldest son's citizenship certificate was issued by 322 if he met all the requirements except his age.Both cases have been denied based on n-600 uscis. However, I still have a few days to appeal.
All the laws state that an individual must be under 18 years old.
My father was a citizen of the United States. He lived there for almost two decades. I am also an American citizen. My citizenship has been recognized.
The INA 322 contemplates the grandfather's physical presence.
They entered the United States as permanent residents, IR2, and they must live outside of the United States per 322 rules.
Taking 16 months with the USCIS last year, when they entered, the youngest was 19 years old and the female was 22.
As a result, they denied my application since I was over 18.
they are permanent residency
It would be helpful if you could help me. I have obtained several laws and their amended versions, but not those concerning age
My eldest son's citizenship certificate was issued by 322 if he met all the requirements except his age. In the case of my eldest son, they initially denied the case, but then they posted a continuation notice and requested evidence, and they approved the case.In the case of my eldest son, they initially denied the case, but then they posted a continuation notice and requested evidence, and they approved the case.

 

[newacct]

Both cases have been denied based on n-600 uscis. However, I still have a few days to appeal.
All the laws state that an individual must be under 18 years old.
My father was a citizen of the United States. He lived there for almost two decades. I am also an American citizen. My citizenship has been recognized.
The INA 322 contemplates the grandfather's physical presence.
They entered the United States as permanent residents, IR2, and they must live outside of the United States per 322 rules.
Taking 16 months with the USCIS last year, when they entered, the youngest was 19 years old and the female was 22.
As a result, they denied my application since I was over 18.
they are permanent residency
It would be helpful if you could help me. I have obtained several laws and their amended versions, but not those concerning age
My eldest son's citizenship certificate was issued by 322 if he met all the requirements except his age.Both cases have been denied based on n-600 uscis. However, I still have a few days to appeal.
All the laws state that an individual must be under 18 years old.
My father was a citizen of the United States. He lived there for almost two decades. I am also an American citizen. My citizenship has been recognized.
The INA 322 contemplates the grandfather's physical presence.
They entered the United States as permanent residents, IR2, and they must live outside of the United States per 322 rules.
Taking 16 months with the USCIS last year, when they entered, the youngest was 19 years old and the female was 22.
As a result, they denied my application since I was over 18.
they are permanent residency
It would be helpful if you could help me. I have obtained several laws and their amended versions, but not those concerning age
My eldest son's citizenship certificate was issued by 322 if he met all the requirements except his age. In the case of my eldest son, they initially denied the case, but then they posted a continuation notice and requested evidence, and they approved the case.In the case of my eldest son, they initially denied the case, but then they posted a continuation notice and requested evidence, and they approved the case.

Your post is very confusing and partially duplicated. Can you clearly list out each child's case and what processes each child went through, and how each entered the US and at what ages?

So there are two completely disjoint processes:
* If a permanent resident, under 18, lives in the US with a US citizen parent, they automatically and immediately become a US citizen under INA 320. If someone enters the US on an immigrant visa, they immediately become a permanent resident. So if at that time, they are under 18, and their parent is already a US citizen, and they are immediately living in the US with that parent, then the child immediately becomes a US citizen at that time, without needing to apply for anything. They can file N-600 for a Certificate of Citizenship later(at any age), if they want or they can just apply for a US passport (at any age) without a Certificate of Citizenship. If the child does not enter on their immigrant visa until after turning 18, and thus does not become a permanent resident until after turning 18, then the conditions are never met and the child does not automatically become a US citizen under INA 320.
* The INA 322 naturalization process: a parent files N-600K for a child who lives abroad, and then the child enters the US legally (usually B2 visitor visa) to attend the interview and the oath. The oath must be taken before the child turns 18. The child does not become a US citizen until taking the oath, and the child receives a Certificate of Citizenship at the oath ceremony. If the interview and oath do not happen before the child turns 18 due to processing delays, then that's too bad -- the child misses the eligibility for this process. Someone who was naturalized through this process does not file N-600 because their original certificate was already issued at the oath.

You said some of your children entered the US on IR2 immigrant visas. If they were under 18 at that time, they would have automatically become US citizens at that time. But you said they were 19 and 22 at the time they entered; therefore, they did not automatically become US citizens under INA 320. (And INA 322 is obviously also not relevant.)

If your "eldest son" is going through the INA 322 process, then he would have needed to have entered the US on a nonimmigrant visa and taken the oath before he turned 18. They can't allow him to take the oath after he turns 18, and he won't get a Certificate of Citizenship through INA 322 because he only gets that when he take the oath (before he turns 18), which he didn't, so I am not sure what you mean by "approved the case".