Kids US Passport...

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topgun123

Registered Users (C)
Hi,

We are in a unique situation for now. Based on current N400 processing dates for DO, hoping to get the process completed by May/June 07 sometime. Our older Son, having LPR status is all set to go to school in India starting June first week. His admission is all confirmed but, on the condition that we are pesent on the first day of school & he passes interview.
Waiting till one of us (me or my spouse) gets completed & have passport for Son done, would be very border line & we do not want to miss school opportunity. Question, Can we apply for his US passport in India once we complete our Naturalization ?
First off, is this possible & has anybody else been thorugh this situation ? All and Any feedback will be appriciated.
 
You need to read the wording in section 320. Here's a nice summary:
http://www.uscis.gov/portal/site/us...nnel=d6f4194d3e88d010VgnVCM10000048f3d6a1RCRD

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

  • At least one adoptive parent is a U.S. citizen,
  • The child is under 18 years of age,
  • If the child is adopted, a full and final adoption of the child, and
  • The child is admitted to the United States as an immigrant

So, if your child retains his LPR status, and he is an LPR at the moment that you take they oath, he/she automagically becomes a US Citizen.

Once that happens, then you can get a passport through whatever mechanisms the state department has. In particular, I'm pretty sure that they have a way to get a passport for people living abroad.

Now, proving all this when the child doesn't live with you will be much more "interesting". I would expect that they will demand more information from you.

Good luck
 
Once you complete the naturalization, you are no longer an Indian citizen. You are a US Citizen, the moment you take oath. After that, you will have to travel out of US with a US passport ONLY. You will get into trouble if you use the Indian passport to travel to India. You can not travel with a naturalization certificate.

US Passport request can be expedited and be received in 2 weeks by mail. Or, if you visit the Regional Passport office after setting up an appointment, you can get the passport issued the same day if you can show that you are traveling in 2 weeks or need visa urgently.

You can apply to get a replacement passport or a new US passport for a child if the child is born to the US citizen parents in India. In the situation you are decsribing, it doen't seem practical to travel with th US passport. It would be better for your child to stay with you on the day you become US citizen so that he/she can derive automatic US citizenship.
 
As Flydog mentioned, it is very important that your child is still an LPR on the day you become citizens. If he is living out of the country, enrolled in a foreign school, there could be problems trying to convince USCIS/Dept Of State that he has not abandoned his residency and thus become ineligible for automatic derived citizenship.

There are also provisions in the Child Citizenship Act of 2000 for minor children who are not LPR holders (or someone whose LPR was abandoned) to derive citizenship when admitted to the US as a legal non-immigrant. I'm not really familiar with the ins and outs of this route, but the key point to bear in mind is it would have to be done prior to the person's 21st birthday.
 
I think topgun's question has some connotations for which I don't have an answer. It is my understanding that the kid will become a citizen when he sets foot and is admitted in the U.S. as a permanent resident, not while he's out of the country. I might be wrong in this area. Please check FAQ about the child citizenship act, and I'd welcome comments backed up with excerpts of law or authoritative comments on this area.

If I am right you should plan a summer vacation trip back to the U.S. for the kid to obtain the citizenship, but I might be all wrong, as he has already been admitted as a permanent resident and Flydog would be right.

My 2 cents
 
Huracan,

There seems to be two relevant parts to the Child Citizenship Act 2000. Namely, if a child is already an LPR (which by definition means they are a resident, even if temporarily abroad) they automatically derive citizenship when a parent does.

The second part is that a non-citizen child in the custody of a USC parent derives citizenship when they enter the US legally on a non-immigrant visa.

So I see no reason that an LPR child abroad should not be able to automatically derive citizenship providing they could prove they were only temporarily absent from the US.
 
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