Passport or N-600?

C

cebel

New Member
Hello...

I am a Canadian citizen living in the US with a TN-Visa. My minor son is a Canadian citizen and resides with me under a TD-Visa. His father is a U.S. citizen and we were never married. I have always had custody of my son, but paternity was legitimized in Ohio a few years ago.

I am getting married in October and plan to apply for an adjustment of status/work authorization.

I am confused about the best route to take for my son, though. Is a passport all he would need to prove his citizenship? If so, can I apply for a passport for him as proof of his citizenship if I can provide the paperwork they require? I do not have a certificate of citizenship, but I do have custody/paternity paperwork and a copy of his U.S. father's birth certificate. OR, do I have to apply for a green card for him first? OR, do I have to submit the N-600 form?

I'm so confused...any help you can provide is greatly appreciated.

Thank you!
Colleen
 
cebel said:
Hello...

I am a Canadian citizen living in the US with a TN-Visa. My minor son is a Canadian citizen and resides with me under a TD-Visa. His father is a U.S. citizen and we were never married. I have always had custody of my son, but paternity was legitimized in Ohio a few years ago.

I am getting married in October and plan to apply for an adjustment of status/work authorization.

I am confused about the best route to take for my son, though. Is a passport all he would need to prove his citizenship? If so, can I apply for a passport for him as proof of his citizenship if I can provide the paperwork they require? I do not have a certificate of citizenship, but I do have custody/paternity paperwork and a copy of his U.S. father's birth certificate. OR, do I have to apply for a green card for him first? OR, do I have to submit the N-600 form?

I'm so confused...any help you can provide is greatly appreciated.

Thank you!
Colleen
Click to expand...

Your son is not currently a U.S. citizen, so for the moment he is not eligible for a U.S. passport and is not eligible for a certificate of citizenship. So, as of now, neither a U.S. passport application nor an N-600 application is an option.

Under the Child Citizenship Act, in order to derive U.S. citizenship through a U.S. citizen parent, the child must be:
a) a child of that U.S. citizen parent in the sense defined by INA 101(c) [for children born out of wedlock that definition is fairly complex]

AND

b) be under 18 years old

AND
c) have a green card

AND

d) reside in the U.S. with the U.S. citizen parent, in the legal and physical custody of that parent.

Since condition c) is not currently satisfied (your son is not yet an LPR, i.e. does not yet have a green card), he is not yet a U.S. citizen regardless of a),b) and d).

Now, assuming that your son receives a GC before he turns 18, he may have have some options in terms of deriving U.S. citizenship through you (if you become a U.S. citizen by then) or through his father.
As far as I know, if you become a U.S. citizen before your son turns 18, and if he receives a GC before he turns 18, he will then derive U.S. citizenship through you, assuming that he is actually living with you at the time.

Deriving citizenship through his father is more complicated, for children born out of wedlock (even if they are legitimated) and you may need to talk to a lawyer about this.
I seem to remember that for this option legitimation needs to happen before the child turns 16 and that the child needs to be residing with the U.S. citizen father, in the legal custody of the father, before turning 16. Then, if the child receives a GC before turns 18, the child does become a U.S. citizen then assuming the child is residing in the father's legal and physical custody in the U.S. at the time.

In any event, this discussion is moot for now, since your son does not yet have a GC. When you file for the adjustment of status yourself, you should list your son as a derivative beneficiary, so that he also receives a GC.
By the way, what is your son's age?
 
baikal3 said:
Your son is not currently a U.S. citizen, so for the moment he is not eligible for a U.S. passport and is not eligible for a certificate of citizenship. So, as of now, neither a U.S. passport application nor an N-600 application is an option.

Under the Child Citizenship Act, in order to derive U.S. citizenship through a U.S. citizen parent, the child must be:
a) a child of that U.S. citizen parent in the sense defined by INA 101(c) [for children born out of wedlock that definition is fairly complex]

AND

b) be under 18 years old

AND
c) have a green card

AND

d) reside in the U.S. with the U.S. citizen parent, in the legal and physical custody of that parent.

Since condition c) is not currently satisfied (your son is not yet an LPR, i.e. does not yet have a green card), he is not yet a U.S. citizen regardless of a),b) and d).

Now, assuming that your son receives a GC before he turns 18, he may have have some options in terms of deriving U.S. citizenship through you (if you become a U.S. citizen by then) or through his father.
As far as I know, if you become a U.S. citizen before your son turns 18, and if he receives a GC before he turns 18, he will then derive U.S. citizenship through you, assuming that he is actually living with you at the time.

Deriving citizenship through his father is more complicated, for children born out of wedlock (even if they are legitimated) and you may need to talk to a lawyer about this.
I seem to remember that for this option legitimation needs to happen before the child turns 16 and that the child needs to be residing with the U.S. citizen father, in the legal custody of the father, before turning 16. Then, if the child receives a GC before turns 18, the child does become a U.S. citizen then assuming the child is residing in the father's legal and physical custody in the U.S. at the time.

In any event, this discussion is moot for now, since your son does not yet have a GC. When you file for the adjustment of status yourself, you should list your son as a derivative beneficiary, so that he also receives a GC.
By the way, what is your son's age?
Click to expand...


My son is nine. Isn't he already a U.S. citizen by birth due to his father being a U.S. citizen and the fact that he has been legitimized? It seems to me that to apply for an adjustment of status/green card for him isn't right, since a green card is just for non-citizens...?

Thanks...
Colleen
 
cebel said:
My son is nine. Isn't he already a U.S. citizen by birth due to his father being a U.S. citizen and the fact that he has been legitimized?
Click to expand...

No, he is not. The fact that the father is a U.S. citizen and that your son has been been legitimated is not sufficient for your son to derive U.S. citizenship. [Unless, of course, your son was actually born in the U.S.]
Like I said, to derive citizenship through a U.S. citizen parent, your son first must become an LPR, that is, obtain a green card.

See http://travel.state.gov/visa/immigrants/types/types_1312.html
http://www.uscis.gov/files/pressrelease/CCA_102504.pdf
 
Oops, sorry, I forgot about another option, which does not require the use of the Child Citizenship Act (and hence does not require your son to get a GC first).

Your son may derive U.S. citizenship through his father under INA309(a) provided the following conditions are satisfied:
http://travel.state.gov/law/citizenship/citizenship_5199.html


Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the person’s birth;
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
5. While the person is under the age of 18 years --
* the person is legitimated under the law of his/her residence or domicile,
* the father acknowledges paternity of the person in writing under oath, or
* the paternity of the person is established by adjudication of a competent court.

If 1, 2, 3, 4 and 5 are satisfied, you may file N-600 for your son.
 
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