Is my son a citizen or not ?

T

Tina210

Registered Users (C)
Hi,
I have a question and hope someone can help me.

I came here in 1996 and had a permanent resident card until December 2003 when I became a US citizen.

My son who is now 17 immigrated with me to the U.S. The USCIS told me that he also had permanent residence status, but he never received a green card. But he did get a stamp in his passport every year. In 2002 we filed an I-90 to replace a lost green card.

Now here comes the problem: It is my understanding that in December 2003 when I became a US citizen my son also became a US citizen with me. The State Department seems to agree because they issued a passport for him. I filed a N-600 to get a Certificate of Citizenship for my son. Well, it turns out that USCIS is now working on the I-90. An immigration officer gave me a call in May asking why I had submitted a N-600 and she didn't understand how it could be possible that I got a passport for my son. She said that he isn't a US citizen until he gets his Certificate of Citizenship. I'm all confused now. The stamp in his old passport expires in a week and I wonder if I should go to the USCIS and have it renewed. As a US citizen he wouldn't need this stamp anymore. But since they are just now working on his I-90 I don't know what to believe anymore. Is he a US citizen or is he not ? The State Department believes he is, the USCIS believes he's not until he receives his Certificate of Citizenship.

I don't want to screw anything up. Who knows, they might deny his I-90 as of 2002 making him not eligible for US citizenship anymore.
 
Tina210 said:
Hi,
I have a question and hope someone can help me.

I came here in 1996 and had a permanent resident card until December 2003 when I became a US citizen.

My son who is now 17 immigrated with me to the U.S. The USCIS told me that he also had permanent residence status, but he never received a green card. But he did get a stamp in his passport every year. In 2002 we filed an I-90 to replace a lost green card.

Now here comes the problem: It is my understanding that in December 2003 when I became a US citizen my son also became a US citizen with me. The State Department seems to agree because they issued a passport for him. I filed a N-600 to get a Certificate of Citizenship for my son. Well, it turns out that USCIS is now working on the I-90. An immigration officer gave me a call in May asking why I had submitted a N-600 and she didn't understand how it could be possible that I got a passport for my son. She said that he isn't a US citizen until he gets his Certificate of Citizenship. I'm all confused now. The stamp in his old passport expires in a week and I wonder if I should go to the USCIS and have it renewed. As a US citizen he wouldn't need this stamp anymore. But since they are just now working on his I-90 I don't know what to believe anymore. Is he a US citizen or is he not ? The State Department believes he is, the USCIS believes he's not until he receives his Certificate of Citizenship.

I don't want to screw anything up. Who knows, they might deny his I-90 as of 2002 making him not eligible for US citizenship anymore.
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Here is my interpretation from your statement:

1- If he was 16 year old at the time you became citizen and he was a permanent resident then he is us citizen.

2- Its a good idea to get Certificate of Citizenship - He can be US citizen even with out a certificate of citizenship.

3- You should go to USCIS office for re-stamping of his green card and explain it to them in person.

4- I don't think so you will have any problem because you are a US citizen and possibly your son is also a citizen. It is just a matter of "sorting" things out through USCIS. They are probably confused with so many things (N-600, US passport and I-90).

Good luck.
 
But he did get a stamp in his passport every year. In 2002 we filed an I-90 to replace a lost green card.
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Here are some of my thoughts based on the information you provided:
- You should have probably withdrew the I-90 application when he became a U.S. Citizen with you (and obtained a U.S Passport).

I'm all confused now. The stamp in his old passport expires in a week and I wonder if I should go to the USCIS and have it renewed. As a US citizen he wouldn't need this stamp anymore. But since they are just now working on his I-90 I don't know what to believe anymore. Is he a US citizen or is he not ? The State Department believes he is, the USCIS believes he's not until he receives his Certificate of Citizenship.
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I would go talk to the USCIS officer in person and explain the situation. I wish you all the best.

____________________________________________
I am NOT an attorney.
 
Last edited by a moderator:
Hi,

just wanted to let you know what the USCIS told me today.

First of all everything's just fine. They had just received my son's file two weeks ago. The reason the immigration officer called me in May was to make sure I submitted the right applications. Some people fill out wrong forms and since an I-90 and an N-600 don't really go together they wanted to know if it was intended to be this way. Well, I told them that I had totally forgotten about the I-90 application and now wanted to get a Certificate of Citizenship for my son. No problem. As a matter of fact the officer told me that this might even speed up the N-600 application. You see, normally they get the N-600 application and it takes a while before they even look at it. But since they were processing the I-90 application, they looked at the N-600 immediately when it came in to find out what was going on there. The officer said this usually speeds up the application and it looks like it would in our case because the file was already transferred to the local office.

Anyway, they confirmed that my son is a US citizen. He did not get another stamp in his passport and we were told to use his US passport for identification purposes from now on. They also said they suspended the I-90 application and are now processing the N-600.

So I guess everything worked out. I'm sure glad I went to the USCIS today instead of worrying every day that something might go wrong. And we didn't even have to wait that long today, it only took 4 hours. :)
 
Tina210 said:
Hi,
So I guess everything worked out. I'm sure glad I went to the USCIS today instead of worrying every day that something might go wrong. And we didn't even have to wait that long today, it only took 4 hours. :)
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Tina - Glad to hear that everything worked out well :)
 
Sorry to warm up this thread.

Just wanted to let you guys know that my son had his interview for his Certificate of Citizenship yesterday and he received his certificate right there.

So processing took 6 months.
 
Congratulation

I am glad they could straighten out your situation and you could finally get your certificate of citizenship for your son. Regardless of what the USCIS person who called you told you about I think the law is pretty clear that the certificate of citizenship is not needed to grant the citizenship, only serves as proof. Your son was a citizen automatically when you became a citizen (as he was already a permanent resident), and his U.S. passport can be his proof of citizenship for most purposes. You were fine all the time, it was just that confused officer that scared you unnecessarily (I hope I put the right number of n and s in that word :))

Anyway, this is not legal advice and it doesn't exhaust all the possibilities of the Child Citizenship Act. When in doubt talk to a real lawyer, not a TV show one.

My 2 cents.
 
Tina210 said:
Sorry to warm up this thread.

Just wanted to let you guys know that my son had his interview for his Certificate of Citizenship yesterday and he received his certificate right there.

So processing took 6 months.
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Tina210 my friend from Texas... thank heavens you did not take Rahul's stupid advice and contact an attorney. It is amazing to see the amount of wrong information dispensed in this board.

Congrats to you son.... please ask him to be responsible citizen.


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Spirit of USA Personal Responsibility, Opportunity, Equality.
 
What is stupid?

Hey, There is nothing stupid about contacting an attorney, infact, that would have been the wise thing to do. I'm glad everything worked out in this case, but when in doubt always seek the advise of Counsel!

The reason a lawyer is a lawyer is that there have the experience and the know how to deal with such cases, and of course they are paid. This could have been a nightmare, if there were any Inconsistencies.


Soul_fh

Only a Fool Says that there is no God
 
Soul_fh said:
Hey, There is nothing stupid about contacting an attorney, infact, that would have been the wise thing to do. I'm glad everything worked out in this case, but when in doubt always seek the advise of Counsel!

The reason a lawyer is a lawyer is that there have the experience and the know how to deal with such cases, and of course they are paid. This could have been a nightmare, if there were any Inconsistencies.


Soul_fh

Only a Fool Says that there is no God
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Are you kidding me? Read Tina210's post. It is obvious that he/she is using this board as a place to validate his/her thought. There is no trouble in his/her case since anyone with US passport is considered US citizen. End of case. Case closed. You could pay 3,000 bucks to an attorney to tell you that, or you could tell uscis that his/her son is citizen.

I do not dispute that attorneys are useful and have a role to play. But lets not put some one into panic the way Rahul did with his post.


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Spirit of USA Personal Responsibility, Opportunity, Equality.
 
dsfgh100 said:
Are you kidding me? Read Tina210's post. It is obvious that he/she is using this board as a place to validate his/her thought. There is no trouble in his/her case since anyone with US passport is considered US citizen. End of case. Case closed. You could pay 3,000 bucks to an attorney to tell you that, or you could tell uscis that his/her son is citizen.

I do not dispute that attorneys are useful and have a role to play. But lets not put some one into panic the way Rahul did with his post.
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This person is a low life (if he/she/it has one), loner, picking on others. Go get a life. I am very surprised that the moderator has not banned this person for the behavoir.
 
johnEdwards2012 said:
blah blah blah
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Idiot boy Johnny Edwards. If any one needs to be banned, it should be you and your partner Johnny Curry. You both have done nothing but disrrupt others. If you read my previous post, it is very relevant to immigration. It may be a point of view that disagrees with idiots like you, but it still is about immigration.

Now run along and go play in the tobacco fields. You have 2 more months before the Democrats lose the Presidential Elections.


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Spirit of USA Personal Responsibility, Opportunity, Equality.
 
dsfgh100 said:
Idiot boy Johnny Edwards. If any one needs to be banned, it should be you and your partner Johnny Curry. You both have done nothing but disrrupt others. If you read my previous post, it is very relevant to immigration. It may be a point of view that disagrees with idiots like you, but it still is about immigration.

Now run along and go play in the tobacco fields. You have 2 more months before the Democrats lose the Presidential Elections.
Click to expand...
Senor, Don't you have somebody's lawn to mow or work in the farm....
 
johnEdwards2012 said:
Senor, Don't you have somebody's lawn to mow or work in the farm....
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Very nice. You are showing your true colors. Bigots like you have no place in civilised society.



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Spirit of USA Personal Responsibility, Opportunity, Equality.
 
What is the basic Rule?

What is the basic rule for citizenship of child under 16 of one or both parent as USC? If I am USC and my wife is a LPR and my child of age14 is also LPR, then is my child a US Citizen?
 
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