Son in US on immigrant visa - denied US passport - apply for 322 instead?

Vera Eckardt

New Member
Hello to all,

I am a born German citizen with naturalized US citizenship since 2013, having lived in the US for 15 years, now living in Germany for the past 2 years.

We just entered the US on 08/01 and are still in the US right now for another week.

My son, 7, was born in Germany when I was not a US citizen yet. He now entered with me and my other 1 year old son (born in German, US citizen, US passport) on an immigrant visa and received the I 551 stamp valid until 6/2016. We were planning on moving back to the US but things might have changed now. The father of both kids lives in the US and will remain living here. Both kids were born out of Wedlock and their father is only a green card holder.

When applying for a US passport for my 7 year old, they denied it based on not enough evidence that he was residing here with me in the US although we provided a school registration for him and doctors documents. They said we would need to show proof that he lived here for at least 6 months to a year, then he will be issued his US passport.

My son will soon receive his green card in the mail here at my home in the US. We will go back to Germany in one week though. I know my son can reenter with his green card or stamp with no problem but since we have decided to maybe stay in Germany we cannot prove his US presence anymore.

We have to get his US passport also since his Dad is living in the US and we have a court family plan agreement for me to live in the US for 6 months and 6 months in Germany and the kids want to see their Dad regularly.

Should I come to live here with the kids next year so I can get his US passport showing 6-12 months presence or could I stay living in Germany with them and apply for a N 600 under the 322 child citzenship act provision? Do I qualify for that if I lived in Germany from 2007-2009 and 2013-2015 to accumulate the 5 year residence requirement or do the 5 years count back from the date of application?

I do have a lot of questions and am considering consulting an attorney now while still in the US.

What do You advise please?

Thank You very much for Your replies.
 
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