is posibleto get a pastport if only one parent a citizen?
- Thread starter geli
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sanjoseaug20
Registered Users (C)
How old is your son? Children under 18 naturalize with parents ... one or two parents does not matter, but the child has to have a GC and listed on your naturalization application.
Al Southner
Registered Users (C)
Hi! I just apply for my citizenship and my ex lives’ in Tampa and i am at Houston and he is not a citizen can i get my son's passport without his father been a citizen? i have his consent and everything.
Was the child born here in the US? If so, you can just apply for his passport at the nearest postal office. Are you and the father divorce or we never married, just brought the child into the world? If the son is a green card holder, upon you(mother) is sworn in as a US citizen, you can apply for your own passport and his US passport. The father doesn't have to be a US citizen for the son/daughter to get an American passport. My son is American, has his passport and I am not, but we are all good.
Did you hear about the "anchor babies"? Those are kids who are born to undocumented illegals (in this case from Mexico- this is the GOP line of attack), and acquire US citizen and US passport, irrespective of their parent's legal or nationality.
Jackolantern
Registered Users (C)
Do you have custody of your son, at least partial custody? And is he young enough to still be under 18 when you complete the citizenship process? (assuming you have no excessive delays)
This is not expert advice, but I think you can co a few things:
Apply for a passport for your son when you naturalize and see what Department of State does.
Apply for N-600 to get a certificate of citizenship for him and see what USCIS does about it.
Try to get legal custody of your son.
I think overall you have a good case as your son has been living with you all the time. I am not sure how picky USCIS or Department of State are about the legal custody part, but assume that they might be serious.
Here is an excerpt from a page I found:
Both section 320 (automatic derivation of citizenship) and 322 (citizenship on application) require that the child be in the "legal custody" of a U.S. citizen parent. Under the regulations, the INS will presume that a U.S. citizen parent has legal custody in the following situations: (1) where "a biological child . . . currently resides with both natural parents (who are married to each other, living in marital union, and not separated)"; (2) where "a biological child . . . currently resides with a surviving natural parent (if the other parent is deceased)"; or (3) where "a biological child born out of wedlock . . . has been legitimated and currently resides with the natural parent."
In cases of adopted children, the INS will find that a citizen parent has legal custody "based on the existence of a final adoption decree." In cases of a child of divorced or legally separated parents, the INS will consider a citizen parent to have legal custody where the parent has been granted "an award of primary care, control, and maintenance" of the child by a court of law or other appropriate government entity. Where there is an award of "joint custody," the INS will consider both parents to have legal custody. In cases where the issue of custody is not explicitly addressed in a divorce decree or a separation agreement, the determination of legal or joint custody will be based on the laws of the state or country of residence. The regulations state that "[t]here may be other circumstances under which the Service will find the U.S. citizen parent to have legal custody for purposes of the CCA."
http://www.nilc.org/immlawpolicy/natzcitzshp/nc035.htm
Apply for a passport for your son when you naturalize and see what Department of State does.
Apply for N-600 to get a certificate of citizenship for him and see what USCIS does about it.
Try to get legal custody of your son.
I think overall you have a good case as your son has been living with you all the time. I am not sure how picky USCIS or Department of State are about the legal custody part, but assume that they might be serious.
Here is an excerpt from a page I found:
Both section 320 (automatic derivation of citizenship) and 322 (citizenship on application) require that the child be in the "legal custody" of a U.S. citizen parent. Under the regulations, the INS will presume that a U.S. citizen parent has legal custody in the following situations: (1) where "a biological child . . . currently resides with both natural parents (who are married to each other, living in marital union, and not separated)"; (2) where "a biological child . . . currently resides with a surviving natural parent (if the other parent is deceased)"; or (3) where "a biological child born out of wedlock . . . has been legitimated and currently resides with the natural parent."
In cases of adopted children, the INS will find that a citizen parent has legal custody "based on the existence of a final adoption decree." In cases of a child of divorced or legally separated parents, the INS will consider a citizen parent to have legal custody where the parent has been granted "an award of primary care, control, and maintenance" of the child by a court of law or other appropriate government entity. Where there is an award of "joint custody," the INS will consider both parents to have legal custody. In cases where the issue of custody is not explicitly addressed in a divorce decree or a separation agreement, the determination of legal or joint custody will be based on the laws of the state or country of residence. The regulations state that "[t]here may be other circumstances under which the Service will find the U.S. citizen parent to have legal custody for purposes of the CCA."
http://www.nilc.org/immlawpolicy/natzcitzshp/nc035.htm
Mary Poppins
Registered Users (C)
You cannot apply for passport without both parents being present in the passport office unless she has sole custody or the other parent is deceased. They will not even accept the application.
anxiouscdn2
Registered Users (C)
Interesting. I looked up on the State Department website and this appears to be true. Note, however, that it applies only to minors under the age of 16. I recently (within the last month) applied for my 16 year old's passport and her other parent did not accompany us to the post office. However, the rules for 16 and 17 year olds are different, since they are expected to sign for themselves.