Getting a US passport for my child...

[LeprechaunSean 0]

Hi just trying to gather a little info before I apply...I am a US citizen, my son and wife were born in canada and came over on IR1/2 visa's three years ago. I was told that because of the child citizenship act that my son became a US citizen once he came across the border and/or got his green card(which he has). I'm fuzzy on the details though and want to have it squared away before we go in to apply. Any help is much appreciated!

[Thomas&Cleofe 358]

Hi just trying to gather a little info before I apply...I am a US citizen, my son and wife were born in canada and came over on IR1/2 visa's three years ago. I was told that because of the child citizenship act that my son became a US citizen once he came across the border and/or got his green card(which he has). I'm fuzzy on the details though and want to have it squared away before we go in to apply. Any help is much appreciated!

You have not provided enough information as of yet.

Is this your biological son, adoptive son, or step-son?

Because you say he is your son, but then why does he have a greencard if he is your son?

[LeprechaunSean 0]

You have not provided enough information as of yet.

Is this your biological son, adoptive son, or step-son?

Because you say he is your son, but then why does he have a greencard if he is your son?

He is my biological son, he was born in canada, so we went through the IR1 process for my wife and him, we got approved, and after coming to USA my wife and he both recieved greencards. I was told he is an American citizen now and that all we needed to prove it was to either get a certificate of citizenship or a passport.

[Flames9_RN 358]

He is my biological son, he was born in canada, so we went through the IR1 process for my wife and him, we got approved, and after coming to USA my wife and he both recieved greencards. I was told he is an American citizen now and that all we needed to prove it was to either get a certificate of citizenship or a passport.

I would have thought he would have just would have done a birth abroad and got his citizenship that way---and not have had to pay for the cr-1 route!! At least thats the way it was for my wife many moons ago,lol

[Thomas&Cleofe 358]

I would have thought he would have just would have done a birth abroad and got his citizenship that way---and not have had to pay for the cr-1 route!! At least thats the way it was for my wife many moons ago,lol

I am surprised USCIS let you apply for a CR-2 visa for your son, knowing that he is the child of a US citizen.

[Marilyn. 340]

yeah, your son didn't need to go through the CR1 visa process. He would have just needed a US passport I think.

[Canadiandggal 49]

Ummmmm.... who told you to apply for a cr-2 for your son? and why in the hell did someone not mention that you didnt have to at the Interview?

Your son is a US citizen, He has been since birth as you are his father.

Is there more to the story? You should have reported birth aboard and then applied for Certificate of Citizenship

If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 5 years, at least 2 of which were after age 14.

Edited September 17, 2012 by Canadiandggal

[mandaNchris 3]

You are going to have to go apply for birth abroad for your child to get a U.S. passport, SSN and a born abroad certificate. We did our sons born abroad paper work before we started my immirgration, so we did not have to get a visa for our son. Anyways look online for the forms for birth abroad and get the paper work started.

[Canadiandggal 49]

To add on it looks like if he doesnt have a us birth certificate or certificate of citzenship, he will need all this for a us passport

If you claim citizenship through birth abroad to U.S. citizen parent(s), but cannot submit a Consular Report of Birth Abroad or Certification of Birth, you must submit all of the following:

His foreign birth certificate (translated to English)

His Evidence of citizenship of your U.S. citizen parent

His parents' marriage certificate

An statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth

Edited September 17, 2012 by Canadiandggal

[mandaNchris 3]

You will also have to get a DNA test done to prove you are the child's father to pass down your citizenship.

[LeprechaunSean 0]

Ok so I was born in USA, came back to canada before I was two with my mother(divorce), then spent the rest of my life in canada until three years ago, at which point I applied for my wife & son's visa directly at the consulate(DCF)I never resided in the usa(other than approximately the first year & half of my life). Does that make any more sense?

[mandaNchris 3]

If the U.S. citizen parent did not live in the United States for the required period of time, how can a foreign-born child become a U.S. citizen?

A change in the law in 1994 enabled a U.S. citizen parent to apply for “expeditious naturalization” for a child.

If the parent and child are living in the United States and the child entered the United States with a U.S. immigrant visa as a permanent resident, you can apply at the USCIS district office with jurisdiction over your place of residence in the United States.

If the parent and child are residing abroad, the child may be eligible for expeditious naturalization if the child's U.S. citizen grandparent was physically present in the United States for a period totaling five years, and at least two years after the age of 14. The grandparent can be living or deceased at the time of the application. If deceased, the grandparent must have been a citizen prior to the child's birth and at the time of the grandparent's death.

I hope this helps.

[LeprechaunSean 0]

So I have to apply at a USCIS district office for a passport? or a certificate of citizenship? Looking at the passport application it looks like the only thing I need is the affadavit about my places of residence before my son's birth......and here I thought this was gonna be simple

[Canadiandggal 49]

So I have to apply at a USCIS district office for a passport? or a certificate of citizenship? Looking at the passport application it looks like the only thing I need is the affadavit about my places of residence before my son's birth......and here I thought this was gonna be simple

I figured there was more to the story.. I suggest you go into your local usps and simply ask them. I did that for our son.

[aaron2020 11,651]

Ok so I was born in USA, came back to canada before I was two with my mother(divorce), then spent the rest of my life in canada until three years ago, at which point I applied for my wife & son's visa directly at the consulate(DCF)I never resided in the usa(other than approximately the first year & half of my life). Does that make any more sense?

Really important information here.

You do not meet the residency requirement to pass US citizenship when your son was born. To pass us citizenship to a child born abroad, the US citizen parent must have resided in the US for five years (2 of those years must be after age 14) prior to the birth. Since you only had 2 years of US residency prior to your child's birth, you could not pass US citizenship to your child at birth .

Since your child was not a US citizen, it makes perfect sense why you had to petition for an immigrant visa for him.

Ignore the 1994 law cited. There's a newer law that applies. Look up the Child Citizenship Act of 2000 (effective 2001).

Under the CCA, your son automatically became a US citizen if he was admitted to the US as an LPR, is under age 18, has a US citizen parent, and lives with that US citizen parent.

Since US citizenship is automatic, all you need to do is obtain a US passport as proof. Look to see which of your local post office can process passport applications.

Good luck .