Thanks for your inputs Jack, But what does living in US mean ? Does the law say that i have to be in the country for a specific period? When i visit, i will be living there. I guess by what you are saying - i have to establish residence in US and only then my son will be eligible. Is that correct?
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US Citizenship for Kid born outside US
- Thread starter usciti
- Start date
Thanks for your inputs Jack, But what does living in US mean ? Does the law say that i have to be in the country for a specific period? When i visit, i will be living there. I guess by what you are saying - i have to establish residence in US and only then my son will be eligible. Is that correct?
Jackolantern
Registered Users (C)
Thanks for your inputs Jack, But what does living in US mean ? Does the law say that i have to be in the country for a specific period? When i visit, i will be living there. I guess by what you are saying - i have to establish residence in US and only then my son will be eligible. Is that correct?
Yes.
See http://www.nilc.org/immlawpolicy/natzcitzshp/nc035.htm
Under the new section 320, children automatically derive U.S. citizenship at the time that they satisfy all of the following three conditions: (1) at least one parent of the child is a U.S. citizen, whether by birth or naturalization; (2) the child is under 18 years of age; and (3) the child is "residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence."
Although the definition of residing is a bit fuzzy (see below) -- I don't think you can qualify if you are working outside the US and don't have a house or apartment in the US and your overseas employment isn't for the US government.
The supplemental information to the regulations states that the INS and the State Dept. have not yet decided how to interpret the requirement that the child be "residing in" the U.S., in addition to having lawful permanent resident status. The INS notes, on the one hand, that "residence" under the INA is defined as a person's "principal, actual dwelling place." But on the other hand, there are circumstances in which an LPR may live outside the U.S. without losing that status and in which U.S. citizens may live abroad while still being considered to have a residence in the U.S. Pending a decision about this question and until further notice, the INS will consider this requirement satisfied only if, on or after Feb. 27, 2001, (1) the child is admitted as an LPR and actually living in the U.S., or (2) the child was previously admitted as an LPR, was absent from the U.S. on Feb. 27, 2001, but subsequently was readmitted as an LPR.
What you could do is bring him to the US and apply for the passport and see what happens. If it fails because of the residence issue, you would leave the US with him, surrender his GC with form I-407, and then apply for N-600K which is designed for children residing abroad.
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Hi All,
I just wanted to let you all know that my son got his passport. We travelled to US from our country. I went to the passport office along with the consent signed by my wife and all other documents. There were no questions asked and he received his passport on the same day. The key doucments were my naturalization certificate and his valid green card.
What i am little puzzled about is that they returned his green card as well. So now he has a US passport and a Green card as well.
Why woudl they return the green card when he acquired US passport (Which to be is US nationality).
Thanks....
I just wanted to let you all know that my son got his passport. We travelled to US from our country. I went to the passport office along with the consent signed by my wife and all other documents. There were no questions asked and he received his passport on the same day. The key doucments were my naturalization certificate and his valid green card.
What i am little puzzled about is that they returned his green card as well. So now he has a US passport and a Green card as well.
Why woudl they return the green card when he acquired US passport (Which to be is US nationality).
Thanks....
Hi All,
I just wanted to let you all know that my son got his passport. We travelled to US from our country. I went to the passport office along with the consent signed by my wife and all other documents. There were no questions asked and he received his passport on the same day. The key doucments were my naturalization certificate and his valid green card.
What i am little puzzled about is that they returned his green card as well. So now he has a US passport and a Green card as well.
Why woudl they return the green card when he acquired US passport (Which to be is US nationality).
Thanks....
It sounds like things went the way I told you they should, told you BEEN THERE DONE THAT. Don't worry about the GC, just keep it with you, for minors they don't ask you to give it back. so it's a no biggie.
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sanjoseaug20
Registered Users (C)
Great news. Thanks for the update.
When he received the green card, he must have received a paper with that. If you can find it, use the instructions there to return the green card (or save it as a momento).
Dont lose it as it can be abused.
When he received the green card, he must have received a paper with that. If you can find it, use the instructions there to return the green card (or save it as a momento).
Dont lose it as it can be abused.
sanjoseaug20
Registered Users (C)
It is better to apply for "certificate of citizenship".
CIS and Passport Agency are 2 different departments. CIS grants citizenship. Tomorrow if there is any confusion/conflict between the departments, the certificate of citizenship will act as a record of citizenship being granted to your son.
Otherwise, there is not much difference except if you want to renew the passport (or lost passport).
CIS and Passport Agency are 2 different departments. CIS grants citizenship. Tomorrow if there is any confusion/conflict between the departments, the certificate of citizenship will act as a record of citizenship being granted to your son.
Otherwise, there is not much difference except if you want to renew the passport (or lost passport).
Jackolantern
Registered Users (C)
Certificate of Citizenship, not naturalization certificate.BTW - is it necessary to apply for naturalization certificate for my son?
Yes, but passports expire whereas the certificate doesn't. If there is a delay in renewing the passport and he doesn't have the certificate, he could have a problem with being able to prove citizenship where necessary, such as applying/renewing a driver's license.Is the passport enough evidence of him being the citizen?
The certificate also solidifies his claim to citizenship. In another thread, a poster got a US passport based on his father's citizenship, but now the passport people are saying he should have submitted more evidence and they are hounding him down for more proof and apparently threatening to invalidate his passport.
Keep your son's GC in case the validity of his passport is challenged for any reason.
deletedWhat i want to know is, Can I apply for USA passport for my son who is not a US citizen without applying for naturalization?
Please advise...Thanks
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In my personal case, i decided to go in for the N-600 for my children in addition to their US Passports so that I have all required documentation. Who nows down the road what obstacle the USCIS or State Dept. may create.
Just a comment that a certificate of citizenship is NOT a required documentation for proving citizenship of children who derive it from their parents. Law recognizes a US passport as a definite proof of US citizenship. This is not just my personal opinion, it is the opinion of USCIS and State Department.
Jackolantern
Registered Users (C)
Just a comment that a certificate of citizenship is NOT a required documentation for proving citizenship of children who derive it from their parents. Law recognizes a US passport as a definite proof of US citizenship. This is not just my personal opinion, it is the opinion of USCIS and State Department.
That is currently true, but BITS_IIMB is referring to what could happen in the future. Which is not an unrealistic concern, given the trend of state and Federal government agencies of making immigration-related documentation requirements more strict for employment, driver's licenses, traveling, and other activities and services.
For example, for renewing the passport they could start to require a US birth or citizenship certificate in addition to the old passport. In fact, I renewed my (non-US) passport last year and my birth country already requires that combination.
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That is currently true, but BITS_IIMB is referring to what could happen in the future. Which is not an unrealistic concern, given the trend of state and Federal government agencies of making immigration-related documentation requirements more strict for employment, driver's licenses, traveling, and other activities and services.
For example, for renewing the passport they could start to require a US birth or citizenship certificate in addition to the old passport. In fact, I renewed my (non-US) passport last year and my birth country already requires that combination.
I agree that getting a certificate of citizenship is a good idea. In terms of rules for obtaining various documents becoming stricter, I think this is fairly likely to happen in not too distant future. In fact, I'd be more worried about state governments doing something crazy in this regard rather than the federal agencies.
E.g. for a while recently the Texas Department of Public Safety adopted a rule that a U.S. passport indicating a foreign country as a place of birth was not an acceptable proof of U.S. citizenship for applicants for a Texas driver's license; for U.S. citizens born abroad they required a naturalization certificate or citizenship certificate or a consular report of birth abroad.
They changed this rule after protests and lawsuits (so that a valid U.S. passport is now acceptable, regardless of the place of birth it indicates), but the story does demonstrate what could happen...
rchigurupati
Registered Users (C)
After child got US passport and applied for N-600. Do the child needs to be in US while N-600 is under process? or can he travel to other country for a longer stay to attend school in foreign country?
After child got US passport and applied for N-600. Do the child needs to be in US while N-600 is under process? or can he travel to other country for a longer stay to attend school in foreign country?
Generally, no, the child does not need to stay in the U.S. while an N-600 is being processed. However, in some cases USCIS does call an N-600 applicant for an interview.
Jackolantern
Registered Users (C)
However, in some cases USCIS does call an N-600 applicant for an interview.
And that's only if the child is above a certain age (I think 14?).
Child doesn't have to be in US while N-600 is processed. Child might be asked to show up at the USCIS local office for "interview", just a formality. Older children are asked to do an oath. I don't remember for sure what is the cutoff date for this. I think if the child is asked to go to the local office they will give the certificate that same day, so it would only be one trip.
danny90293
New Member
Although the definition of residing is a bit fuzzy (see below) -- I don't think you can qualify if you are working outside the US and don't have a house or apartment in the US and your overseas employment isn't for the US government.
What you could do is bring him to the US and apply for the passport and see what happens. If it fails because of the residence issue, you would leave the US with him, surrender his GC with form I-407, and then apply for N-600K which is designed for children residing abroad.[/QUOTE]
Has there been any clarification on the residing term
What you could do is bring him to the US and apply for the passport and see what happens. If it fails because of the residence issue, you would leave the US with him, surrender his GC with form I-407, and then apply for N-600K which is designed for children residing abroad.[/QUOTE]
Has there been any clarification on the residing term