U.S. Passport

[Maju 3]

Getting a little confused by some of the posts.

After my wife gets her citizenship. Does her daughter need to apply for a certificate of citizenship? Some posts say no. But the passport application requires proof of citizenship. Could my wife show her passport and daughters birth certificate as proof? I'd prefer not to get COC because of the price tag to file.

Edited January 6, 2013 by Maju

[Penguin_ie 5,992]

how old is the daughter?

[EminTX 131]

Passports are only issued for citizens of any country by that the specific country that the person is a citizen of. Example: English citizens don't get passports from Mexico unless they get citizenship in Mexico first. Nigerian citizens can't get Indian passports without obtaining citizenship from India first. Peruvian citizens can't get a passport for the US until after they have gotten US citizenship. Until US citizenship is gained, the Peruvian passports will have to do. Why would the daughter of your wife even want a passport from a country that she is not a citizen of?

My husband plans to go for his citizenship. It will make it easier for us when we travel and to get rid of all the hassles of USCIS FOREVERRRRRRRRRRRR.

[C787 5]

Passports are only issued for citizens of any country by that the specific country that the person is a citizen of. Example: English citizens don't get passports from Mexico unless they get citizenship in Mexico first. Nigerian citizens can't get Indian passports without obtaining citizenship from India first. Peruvian citizens can't get a passport for the US until after they have gotten US citizenship. Until US citizenship is gained, the Peruvian passports will have to do. Why would the daughter of your wife even want a passport from a country that she is not a citizen of?

My husband plans to go for his citizenship. It will make it easier for us when we travel and to get rid of all the hassles of USCIS FOREVERRRRRRRRRRRR.

EminTX you really need to do some research before posting misinformation. Your post really does not answer the question at all. I looked at the US Passport application form and it clearly states that your foreign birth certificate and the naturalization certificate of your parent is sufficient to prove citizenship provided that you were lawfully admitted for permanent residence.

The child must have at least one U.S. citizen parent by birth or naturalization, be under 18 years of age (have been born on or after February 27, 1983), live in the legal and physical custody of the U.S. citizen parent, and be admitted as an immigrant for lawful permanent residence. In addition, if the child is adopted, the adoption must be full and final.

So that means a Certificate of Citizenship is not required however it would a good idea to have this in the future. After you have received your initial passport you may use this as your proof of citizenship. Keep in mind that the parent must be naturalized before the child turns 18. Otherwise they would have to wait the usual 5 years and apply for naturalization themselves.

[C787 5]

duplicate post

Edited January 6, 2013 by C787

[EminTX 131]

I was always under the belief that noncitizens were absolutely ineligible for holding legal US passports. Here is the section from Wikipedia:

http://en.wikipedia.org/wiki/Non-citizen_US_national#Nationals_who_are_not_citizens

United States passports are passports issued to citizens and non-citizen nationals of the United States of America

Nationals who are not citizens

This article is about United States nationality law.

For information regarding United States citizenship, see Citizenship in the United States.

Although all U.S. citizens are also U.S. nationals, the reverse is not true. As specified in 8 U.S.C. § 1408, a person whose only connection to the U.S. is through birth in an outlying possession (which as of 2005 is limited to American Samoa, Swains Island, and the unincorporated US Minor Outlying Islands), or through descent from a person so born, acquires U.S. nationality but not U.S. citizenship. This was formerly the case in only four other current or former U.S. overseas possessions[29]

Guam (1898–1950) (Citizenship granted by an Act of Congress through the Guam Organic Act of 1950).

the Philippines (1898–1935) (Granted independence in 1946; National status rescinded in 1935; Citizenship never accorded)[30]

Puerto Rico (1898–1917) (Citizenship granted by an Act of Congress through the Jones-Shafroth Act of 1917).

the U.S. Virgin Islands (1917–1927) (Citizenship granted by an Act of Congress in 1927).[31]

The U.S. passport issued to non-citizen nationals contains the endorsement code 9 which states: "THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN." on the annotations page.[32]

Non-citizen U.S. nationals may reside and work in the United States without restrictions, and may apply for citizenship under the same rules as resident aliens. Like resident aliens, they are not presently allowed by any U.S. state to vote in federal or state elections, although, as with resident aliens, there is no constitutional prohibition against them doing so.

The original post sounds like the daughter is a citizen of Perú and there is no intention of having US citizenship. The parent's citizenship and legal status can affect the citizenship status (and ease of proving it) of a child here in the US. If the daughter was born here, there wouldn't even be a question about citizenship, right?

I am also curious about the age of this daughter. From the original post, I was under the impression that this person is an adult.

Edited January 6, 2013 by EminTX

[C787 5]

I was always under the belief that noncitizens were absolutely ineligible for holding legal US passports. Here is the section from Wikipedia:

http://en.wikipedia.org/wiki/Non-citizen_US_national#Nationals_who_are_not_citizens

The original post sounds like the daughter is a citizen of Perú and there is no intention of having US citizenship. The parent's citizenship and legal status can affect the citizenship status (and ease of proving it) of a child here in the US. If the daughter was born here, there wouldn't even be a question about citizenship, right?

I am also curious about the age of this daughter. From the original post, I was under the impression that this person is an adult.

You just keep going off on an a tangent stating the obvious. No one ever claimed that non-citizens are eligible for passports. Again, that was not the question. From the original post they are asking about certificate of citizenship. This is for an individual to document U.S. citizenship status based on citizen parentage. It is convenient to have this as you would not have to rely on your parents naturalization certificate in the future. If the child is under 18 and a permanent resident, they would be considered a citizen if their parent is naturalized (Child Citizenship Act of 2000)

If it 'sounds' like the daughter is a citizen of Peru, so what? That has no bearing on whether the daughter is considered a citizen according to US law. Incidentally Peru allows dual citizenship so this is likewise a non-issue. Lastly, you continue to state the obvious about birthright citizenship. What is your point? This again has nothing to do with the question asked.

http://travel.state.gov/visa/immigrants/types/types_1312.html

[EminTX 131]

No one ever claimed that non-citizens are eligible for passports. Again, that was not the question.

What is the point of the title? The OP can probably clarify what the question is better than anyone else.

[NickD 202]

An immigrant parent with an immigrant child coming here, going through the AOS process, and that child receives a green card, will automatically become a US citizen when that immigrant parent becomes a US citizen, if that child is under 18 years of age! Over, that child has to wait five years as a green card holder and apply for citizenship on their own.

If under 18, that child is a US citizen because of their parent, but without any proof. For proof with the USCIS, have to file a N-600 for each child to get that certificate. Generally just one trip to your field office after the application has been filed and paid for, 600 bucks. Just take the kids green card away, hand over the certificate, say congratulations.

Another option is to bypass the N-600 and go directly to the DOS and apply for a US passport, but still leaves an open book with the USCIS. Something to think about for the long term if that child elects to stay here. Some do go back to their home country.

If that child is under 16 years of age with the DOS, can have more problems proving sole custody of that child or permission must be granted by that other don't give a damn about biological parent that may even refuse to grant that permission. Yet another obstacle is the DOS insists upon putting that child's place of birth on the passport that can lead to other problems if that child travels. But won't be a problem if that kid stays here. Passports expire, the certificate does not.

A lot depends upon circumstances, feel the child if old enough should have a say in this. Everything started with the USCIS, the DOS is an entirely different government agency. My attitude on this, if that child wants to stay here, finish up with the USCIS. If a US citizen, your spouse came here by choice, kids were just dragged along in this process with no choice of their own. Those kids should also be given that choice.

For me, that 600 bucks was nothing compared to the cost of bringing my stepdaughter here. And she was old enough, so it was her choice.

[Maju 3]

I should have provided more detail. Daughter is 8 years old. She was born in Peru. Biologically not mine.

After my wife becomes a citizen through naturalization our daughter will become a citizen. My main question was evidence of citizenship for daughter to get U.S. Passport.

The following was the best info I could find, but it refers to being born abroad to a citizen not to one be naturalized later.

Foreign Birth Documents + Parent(s) Citizenship Evidence

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:

Your foreign birth certificate (translated to English)

Evidence of citizenship of your U.S. citizen parent

Your 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

[hikergirl 277]

I’m all for saving money but I think for your daughter’s sake getting a CoC is worth the money.

There is a lot of confusion with regards to immigration in the US and I would hate for her to get hassled in the future because of the lack of a certificate to carry with her.

[Brother Hesekiel 2,235]

Filing an N-600 is needed when a Vietnamese girl was raped by a G.I. during the Vietnam war who then ran away when the Viet-Kong arrived, only to be found decades later in a shed in the Ozark Mountains. In such case the "love child" would need to prove that she is a natural-born US citizen based on jus sanguinis, which also requires double DNA testing.

In case a child becomes a US citizen by act of law, the Child Citizenship Act of 2000, spending $600 on a CoC makes as much sense as using 6 freshly printed $100 bills for cleaning up when having taken a dump in the bathroom. Instead of doing something so stupid, parent and child walk over to the nearest passport office and apply for a US passport instead.

[NickD 202]

Filing an N-600 is needed when a Vietnamese girl was raped by a G.I. during the Vietnam war who then ran away when the Viet-Kong arrived, only to be found decades later in a shed in the Ozark Mountains. In such case the "love child" would need to prove that she is a natural-born US citizen based on jus sanguinis, which also requires double DNA testing.

In case a child becomes a US citizen by act of law, the Child Citizenship Act of 2000, spending $600 on a CoC makes as much sense as using 6 freshly printed $100 bills for cleaning up when having taken a dump in the bathroom. Instead of doing something so stupid, parent and child walk over to the nearest passport office and apply for a US passport instead.

Bet my stepdaughter is happy I am her step dad instead of you. Spend around $12,000 that included a detective to track down her biological don't give a damn about her to get his permission to bring her over here. Another $2,000.00 to hire a USCIS approved crooked doctor to fill out that simple I-693 form. Another couple of thousand for the AOS forms, treated separately from her mother. ROC was practically for free, only an extra 80 bucks.

Compared to this, 600 bucks is practically nothing, she has both her certificate and US passport. Did I mention $50,000 for college? But we did not have to pay income taxes on $16,000 of that amount, but still have to pay FICA taxes on that. We also got to deduct around $3,500 for her that averages about a buck fifty per day extra money in taxes we don't have to pay as a dependent.

Amused by the Statue of Liberty poem:

"Not like the brazen giant of Greek fame,

With conquering limbs astride from land to land;

Here at our sea-washed, sunset gates shall stand

A mighty woman with a torch, whose flame

Is the imprisoned lightning, and her name

Mother of Exiles. From her beacon-hand

Glows world-wide welcome; her mild eyes command

The air-bridged harbor that twin cities frame.

"Keep, ancient lands, your storied pomp!" cries she

With silent lips. "Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tossed to me,

I lift my lamp beside the golden door!"

If you were not poor before bringing people here, will be after you are done.

[Deb+Steve 13]

Have to agree with NickD. Why would you even quibble over the $$? $600 or $550 for an adopted child. If you're a member of the armed forces, then it's free. Money well worth spent!