Parents got citizenship, can kid travel on GC

R

rknair21

New Member
Hi,

I and my wife got naturalized and we applied for the passport the same day as we have to travel to India in 3 weeks. We don't have time to apply for our sons US passport, can he travel with us on his GC ?
Since kids status is based on parents status, am a bit confused if he can travel using his GC while we travel on US passport.

Please do reply if you have come across a similar case.
Thanks and regards
RK
 
Your kid is now considered a US citizen and cannot travel on a green card. Why did you not apply for them as well? You had the time to apply for yours.
 
The agency said each application is handled separately and shud have all the documents, so we thought the child's application had to accompany the parents document as proof which we had to send with our application.
 
YOu could have applied for all passport at the same time. For the child the post office takes a copy of mothers or fathers naturalization cert to prove derivative citizenship.
Once you get your passport make an appointment with nearest passport agency and file the application in person. YOu can get a passport the same day for your child if you show proof of travel.
 
passport for kids

rknair21 said:
The agency said each application is handled separately and shud have all the documents, so we thought the child's application had to accompany the parents document as proof which we had to send with our application.
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you could have applied at the same time for the kids. in my case, what the clerk did was to make a photocopy of my certificate and attached it to my kid's application with a statement that the original was with my application.
 
A fiend of mine was in a similar situation. His (my friend's) wife became a US citizen, so their son became citizen as well. They then traveled to Europe without securing a US passport for their son. The child was admitted to the US upon presentation of his Green Card and no question was asked.
 
I really don’t think you can apply for your kid’s passport with the copy of a parent’s NC. In one of my friends’ case, the passport office returned the application asking for the original NC. In another fiend’s case, my friend had citizenship and US passport, but his wife and kid didn’t. They traveled without any issues using their GCs. Unless you apply passport for your kid based on derivative citizenship, your kid is still a foreign citizen and can travel with a valid GC. Hope this helps.
 
Under current US law the child automatically derives US citizenship (with no additional documentation requirements) from naturalized parents if the child has a green card and is living with parents in the US. The child will be considered a US citizen and not an Indian citizen and technically cannot travel on an Indian passport.
It is possible that Indian immigration authorities might overlook this fact but don't rely on it. You still have the option of applying for a passport for the child after you receive yours by seeking an appointment at the nearest passport agency and showing proof of travel. In that case you will usually get a passport in 1-2 days and if lucky, the same day.
 
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I think I agree with most comments. In practice your son might be able to travel on the GC and come back as bertgolz mentions. In theory he is already a citizen so he should get a US passport, but I guess in that case you might need a visa to go to India, so pick the option you feel more comfortable. Your son is already a citizen. Worse thing that can happen is that you have some hassles coming back at the border, which are not likely. However, I am not advising you to do the wrong thing, just trying to assess the situation in practical terms.
 
Thanks very much for all the valuable feedback. Will try to see if I can get his passport using the Emergency Passport option by visiting the Agency in Houston.

Thanks again, appreciate your suggestions.

regards
Rk
 
mmmm... I am also on the same boat. My son (along with my wife) travels on Jun 13th. I donot think I can get my passport first and impossible to apply pp for my son/get visa in time. So Planning to use GC for my son's travel.
 
No matter what happens, a USC can always get back home regardless of documents he has or doesn't. It just might take few hours on the border. You can show up without anything at all .
 
No airline will allow you to board a flight into the US if you don't have the correct travel document for US. It is wrong to assume that you will be admitted into the US without any documentation.
 
rajarajan3 said:
mmmm... I am also on the same boat. My son (along with my wife) travels on Jun 13th. I donot think I can get my passport first and impossible to apply pp for my son/get visa in time. So Planning to use GC for my son's travel.
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That is a very big chance that you are taking. Dont take everything written on this forum to be the gospel truth. Just because someone mentions here that the child of someone they knew travelled back on a green card, no questions asked, does not change immigration laws. You may be even stopped in India, as your child's Indian passport will no longer be valid, and trying to use is violating Indian laws. I would not take the risk.
 
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I have to disagree with most of the posters in this thread. The OP's sons cannot get U.S. passports yet. They do have a right to U.S. citizenship but in order to become U.S. citizens they need to claim that right by requesting a certificate of citizenship and filing form N-600 with USCIS, see http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

U.S. state department will not issue the kids U.S. passports without certificates of citizenship. The rules for U.S. passport applications for minors are quite clear on this point, see step 2 in http://travel.state.gov/passport/get/minors/minors_834.html
It lists there acceptable forms of proving U.S. citizenship by minors and in this case only a certificate of citizenship would work. Some post office workers may not be quite familiar with the rules and accept the application without a certificate of citizenship, but DOS would not approve it.

My understanding is that until N-600 is actually approved, kids should be able to travel on their green cards with no problems.
 
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In fact, my understanding is that OP's kids are not yet U.S. citizens. There is a subtle distinction between a right to claim U.S. citizenship and actually being a U.S. citizen. The OP's kids do currently have the right to claim U.S. citizenship but they need to exercise that right by submitting N-600 to USCIS which needs to approve it and issue a certificate of citizenship; after that the kids will actually become U.S. citizens.

If, hypothetically, the OP's kids wait until after their 18th birthday with filing N-600, they would actually lose the right to claim U.S. citizenship based on that of their parents and would have to file N-400 instead. See instructions for N-600 for an explanation of this:http://www.uscis.gov/files/form/N-600instr.pdf

This seems to show that a right to U.S. citizenship is not the same as actually being U.S. citizen. The former can be lost (e.g. if N-600 is not filed before 18th birthday) while the latter cannot.
 
baikal3 said:
I have to disagree with most of the posters in this thread. The OP's sons cannot get U.S. passports yet. They do have a right to U.S. citizenship but in order to become U.S. citizens they need to claim that right by requesting a certificate of citizenship and filing form N-600 with USCIS, see http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

U.S. state department will not issue the kids U.S. passports without certificates of citizenship. The rules for U.S. passport applications for minors are quite clear on this point, see step 2 in http://travel.state.gov/passport/get/minors/minors_834.html
It lists there acceptable forms of proving U.S. citizenship by minors and in this case only a certificate of citizenship would work. Some post office workers may not be quite familiar with the rules and accept the application without a certificate of citizenship, but DOS would not approve it.

My understanding is that until N-600 is actually approved, kids should be able to travel on their green cards with no problems.
Click to expand...

I disagree. Children of naturalized parents automatically become citizens the day the parents become citizens. And the children can apply for an US passport along with their parents application. They will need to provide "Foreign Birth Documents + Parent(s) Citizenship Evidence. See this link:

http://travel.state.gov/passport/get/Secondary Evidence/Secondary Evidence_4315.html

I will be attending my Oath Ceremony tomorrow, after which I will make a trip to my local post office and apply for passports for myself, my wife and two foreign born kids. I will update this thread with the success or failure.

The N-600 is not an application for Citizenship, but an application for the Certificate of Citizenship.
 
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baikal3 said:
In fact, my understanding is that OP's kids are not yet U.S. citizens. There is a subtle distinction between a right to claim U.S. citizenship and actually being a U.S. citizen. The OP's kids do currently have the right to claim U.S. citizenship but they need to exercise that right by submitting N-600 to USCIS which needs to approve it and issue a certificate of citizenship; after that the kids will actually become U.S. citizens.

If, hypothetically, the OP's kids wait until after their 18th birthday with filing N-600, they would actually lose the right to claim U.S. citizenship based on that of their parents and would have to file N-400 instead. See instructions for N-600 for an explanation of this:http://www.uscis.gov/files/form/N-600instr.pdf

This seems to show that a right to U.S. citizenship is not the same as actually being U.S. citizen. The former can be lost (e.g. if N-600 is not filed before 18th birthday) while the latter cannot.
Click to expand...

Sorry but you are mistaken. See the FAQ on child citizenship at uscis website:

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

2) Do I have to apply to USCIS for my child's citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.
 
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