nightingale42
New Member
I naturalized as US citizen in Nov 2022 and my LPR child turned 18 in Feb 2023, so she should be a US citizen now I believe. I'm looking at getting her apply for US passport and one thing that confuses me a bit is this bullet:
"Your evidence of admission to the United States for legal permanent residence and proof you subsequently resided in the United States"
What does the "proof you subsequently resided in the United States" part mean?
One potential complication is that the child studies abroad, but she visits the US regularly, including a two week visit in January (so between the naturalization date and the 18th birthday). In addition to the GC, she has a travel document to confirm her home is the US, she is on the lease (same address as parents - I'm married), her primary care physician is here (including vaccinations in January), she has a bank account co-owned with me on the same address as the lease. So I can get those documents for the application, but this seems to fall under the "Your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable" bullet mentioned earlier in DS-11, and I'm confused about the "proof you subsequently resided in the United States" part.
FWIW, I believe that even though the presence in the US between the naturalization date and the 18y birthday was only two weeks, I believe it meets the "residing in" requirement since FAM says:
"b. In some cases, a stay of a short duration will, because of its character, meet the “is residing in” requirement. For example, a child who attends boarding school abroad but spends time in the United States in the legal and physical custody of the citizen parent residing in the United States generally would be considered to be residing in the United States for purposes of INA 320.
c. Similarly, a child whose parents have joint custody but who reside apart and who stays with each parent would be considered to reside with both parents and, assuming at least one U.S. citizen parent lives in the United States, the child would meet the “is residing in” requirement by staying with that parent."
"a. INA 320 does not provide a time limit for what constitutes "residing in." For example, an applicant who was lawfully admitted to the United States on the day before the applicant's eighteenth birthday and began to reside in the United States starting that day would acquire U.S. citizenship even though only a few hours were spent residing in the United States prior to age 18."
"INA 320(a) does not require sole legal custody or that the U.S. citizen parent be the primary residential parent. For example, the child could reside with the alien parent during the school year (the primary residential parent) and reside with the U.S. citizen parent during the summer break (the secondary residential parent)."
d. Absent evidence to the contrary, you may assume that the applicant is residing with the U.S. citizen parent if:
(1) ...; or
(2) The U.S. citizen parent's address in the United States is the same as the child's permanent or mailing address. If the applicant is currently over age 18, you may need to request evidence that the applicant was residing with the U.S. citizen parent prior to age 18, e.g., a school record listing the parent's address.
e. There is no time limit on physical custody. The applicant fulfills the physical custody requirement when the applicant begins to reside with the U.S. citizen parent.
So, what does "proof you subsequently resided in the United States" exactly mean?
Any help or thoughts are appreciated.
"Your evidence of admission to the United States for legal permanent residence and proof you subsequently resided in the United States"
What does the "proof you subsequently resided in the United States" part mean?
One potential complication is that the child studies abroad, but she visits the US regularly, including a two week visit in January (so between the naturalization date and the 18th birthday). In addition to the GC, she has a travel document to confirm her home is the US, she is on the lease (same address as parents - I'm married), her primary care physician is here (including vaccinations in January), she has a bank account co-owned with me on the same address as the lease. So I can get those documents for the application, but this seems to fall under the "Your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable" bullet mentioned earlier in DS-11, and I'm confused about the "proof you subsequently resided in the United States" part.
FWIW, I believe that even though the presence in the US between the naturalization date and the 18y birthday was only two weeks, I believe it meets the "residing in" requirement since FAM says:
"b. In some cases, a stay of a short duration will, because of its character, meet the “is residing in” requirement. For example, a child who attends boarding school abroad but spends time in the United States in the legal and physical custody of the citizen parent residing in the United States generally would be considered to be residing in the United States for purposes of INA 320.
c. Similarly, a child whose parents have joint custody but who reside apart and who stays with each parent would be considered to reside with both parents and, assuming at least one U.S. citizen parent lives in the United States, the child would meet the “is residing in” requirement by staying with that parent."
"a. INA 320 does not provide a time limit for what constitutes "residing in." For example, an applicant who was lawfully admitted to the United States on the day before the applicant's eighteenth birthday and began to reside in the United States starting that day would acquire U.S. citizenship even though only a few hours were spent residing in the United States prior to age 18."
"INA 320(a) does not require sole legal custody or that the U.S. citizen parent be the primary residential parent. For example, the child could reside with the alien parent during the school year (the primary residential parent) and reside with the U.S. citizen parent during the summer break (the secondary residential parent)."
d. Absent evidence to the contrary, you may assume that the applicant is residing with the U.S. citizen parent if:
(1) ...; or
(2) The U.S. citizen parent's address in the United States is the same as the child's permanent or mailing address. If the applicant is currently over age 18, you may need to request evidence that the applicant was residing with the U.S. citizen parent prior to age 18, e.g., a school record listing the parent's address.
e. There is no time limit on physical custody. The applicant fulfills the physical custody requirement when the applicant begins to reside with the U.S. citizen parent.
So, what does "proof you subsequently resided in the United States" exactly mean?
Any help or thoughts are appreciated.
