Parents got citizenship, can kid travel on GC

baikal3, I believe you are giving wrong advice. One can apply for N-600 to obtain proof of citizenship in the form of a certificate of citizenship. However, the citizenship was acquired at the time the parents took the oath (if all other requirements are met, under 18 years of age, physical/legal custody of child and having a GC). Passports are issued just with child birth certificate, child's Green Card and parent naturalization certificate. You don't need to obtain a certificate of citizenship for the child before you can apply for a passport for that child. Please take a look around the forum for references to CCA or Child Citizenship act.

Going back. I don't see anything baikal3 has said that is actually true :( Wrong on documents to obtain passport for child. Wrong on when the child becomes a citizen and wrong again on needing a N-600 for the child to become a citizen.

Going back to the original question, it is possible the child can travel on GC although the child is already a US citizen. However, that wouldn't be the right thing to do. For this to work the Indian authorities have to believe the Indian passport is still good, and that the child's GC is good. Unless they know the intricacies of US immigration law and figure out the child is already a US citizen they should let the child board. The US immigration authorities might figure out the kid is a citizen already, but they might accept the GC as proof of identity and indirectly of citizenship. I don't know. I haven't tried this and I am not sure if it would actually work, but it might work.
 
Huracan said:
baikal3, I believe you are giving wrong advice. One can apply for N-600 to obtain proof of citizenship in the form of a certificate of citizenship. However, the citizenship was acquired at the time the parents took the oath (if all other requirements are met, under 18 years of age, physical/legal custody of child and having a GC). Passports are issued just with child birth certificate, child's Green Card and parent naturalization certificate. You don't need to obtain a certificate of citizenship for the child before you can apply for a passport for that child. Please take a look around the forum for references to CCA or Child Citizenship act.

Going back. I don't see anything baikal3 has said that is actually true :( Wrong on documents to obtain passport for child. Wrong on when the child becomes a citizen and wrong again on needing a N-600 for the child to become a citizen.

Going back to the original question, it is possible the child can travel on GC although the child is already a US citizen. However, that wouldn't be the right thing to do. For this to work the Indian authorities have to believe the Indian passport is still good, and that the child's GC is good. Unless they know the intricacies of US immigration law and figure out the child is already a US citizen they should let the child board. The US immigration authorities might figure out the kid is a citizen already, but they might accept the GC as proof of identity and indirectly of citizenship. I don't know. I haven't tried this and I am not sure if it would actually work, but it might work.
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There is a good chance that the child will be denied boarding on the flight to India. Airline check-in staff are familiar with the visa requirements of the destination country - it is their job to know. A fairly experienced check-in agent will realise that the child's Indian passport is no longer valid under Indian laws, and will deny boarding. I would not risk my entire vacation. I would advise the OP to apply for expedited passport while there is still time.

Also, OP (and the other person in this similar situation) should be talking to the Indian Consulate about this situation instead of depending on this forum.
 
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Hmm, I admit that I may have been wrong here but in that case the N-600 instructions at the USCIS site are pretty badly explained there...
 
baikal3, thanks for your update. We all make mistakes sometimes, I just wanted to avoid other people follow your indications with a potential big impact to their lives.
 
Just wanted to confirm that I was able to apply for the passports of my two foreign born kids on the basis of my naturalization certificate and their foreign birth certificates.
 
good question...

I would be eligible to apply for naturalization in a couple of weeks but my wife may not be (afraid that she might have broken the physical presence requirement).
We had to make a emergency travel to home country (while my wife was carrying) and she was not in a condition to come back sooner. and eventually our son was born there.
If I apply for my UCS and get approval, I would still be able to apply for my son's U.S passport, correct?
Also on the other hand after my approval if we chose to use GC for my son to travel abroad (home country) could we still use his GC? For, his mother would still be GC holder and hold passport of home country? (until later when she could use 4yrs and 1 day rule, to apply for naturalization).
I intend to apply for my son's passport as soon as I get my aproval but just in case?
thanks all of you in advance!
 
My son went with GC and came back with out any issues. I have applied for his passport in Sep 09 after our return and he got passport too. Now I have applied n600 for him. In a nutshell, yes, Kids can go with GC and come back even after the parents got citizenship. However, if you have enough time, get everything set.
 
rajarajan3 said:
My son went with GC and came back with out any issues. I have applied for his passport in Sep 09 after our return and he got passport too. Now I have applied n600 for him. In a nutshell, yes, Kids can go with GC and come back even after the parents got citizenship. However, if you have enough time, get everything set.
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Just because your son did it doesn't mean that it is legal. When you became US citizens, your son automatically acquired US citizenship without any further action on your part. At the time of your travel, your son was a US citizen. It is a US law that US citizens are required to enter US with a US passport .
 
And it's also Indian law that as a citizen of another country, you are no longer an Indian citizen, and have traveled on a passport that is essentially invalid.
 
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