US Citizenship for a Canadian Child

[tamz 0]

I have spent most of the morning researching this, and I've come up empty.

I plan on filing N-400 when I'm eligible to. According to the USCIS website and eligibility tests, my child is not eligible to be naturalized, and I don't understand why.

I checked the info on the N-600, but in the instructions, she is not eligible for that either because she is the step-child of a US Citizen, and there is no way her bio father would ever let her step-father adopt her.

Does anyone know how a minor child can get citizenship?

Any advice or experiences would be helpful!

tamz

[Rocio 0]

A child who is:

born to a U.S. citizen .......or

born to one U.S. citizen parent and one alien parent or two alien parents WHO NATURALIZE AFTER THE CHILD´S BIRTH, or ........ and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

The child was lawfully admitted for permanent residence*; and

Either parent was a United States citizen by birth or naturalization**; and

The child was still under 18 years of age; and

The child was not married; and

The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and

If adopted, the child met the requirements of section 101(B)(1)(E) or and has had a full and final adoption; and

The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and

The child was residing in the United States in the physical custody of the U.S. citizen parent.

If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to USCIS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(B)(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

http://www.uscis.gov/graphics/services/natz/faq.htm

[sparkofcreation 0]

Essentially: she could only naturalize *through you* if both you and her father became US citizens (so if her dad ever moves here and naturalizes, she can then be included on his application). She is eligible to naturalize on her own as soon as she turns 18.

The FAQ Rocío posted is the wrong one; the one that applies to your situation is this one:

http://www.uscis.gov/graphics/services/natz/faq.htm#q25

"A child who is regularly residing IN the United States can become a citizen of the United States only by meeting the requirements listed in the answer to Question 24 above [that's the one Rocío posted] ... If a child who has been lawfully admitted for permanent residence fails to qualify for citizenship under the provisions of law, the child may apply for naturalization by filing an N-400 after reaching 18 years of age, provided that he or she has the required 5 years of lawful permanent residence."

[Octa 0]

Essentially: she could only naturalize *through you* if both you and her father became US citizens (so if her dad ever moves here and naturalizes, she can then be included on his application). She is eligible to naturalize on her own as soon as she turns 18.

The FAQ Rocío posted is the wrong one; the one that applies to your situation is this one:

http://www.uscis.gov/graphics/services/natz/faq.htm#q25

"A child who is regularly residing IN the United States can become a citizen of the United States only by meeting the requirements listed in the answer to Question 24 above [that's the one Rocío posted] ... If a child who has been lawfully admitted for permanent residence fails to qualify for citizenship under the provisions of law, the child may apply for naturalization by filing an N-400 after reaching 18 years of age, provided that he or she has the required 5 years of lawful permanent residence."

You may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you maysubmit an “Application for Certificate of Citizenship” (Form N-600) to USCIS to obtain a

Certificate of Citizenship.

[I'm Gone 60]

I have spent most of the morning researching this, and I've come up empty.

I plan on filing N-400 when I'm eligible to. According to the USCIS website and eligibility tests, my child is not eligible to be naturalized, and I don't understand why.

I checked the info on the N-600, but in the instructions, she is not eligible for that either because she is the step-child of a US Citizen, and there is no way her bio father would ever let her step-father adopt her.

Does anyone know how a minor child can get citizenship?

Any advice or experiences would be helpful!

Once you (I assume natural mother) becomes a U.S. citizen child automaticlly becomes one. You can supposedly then apply for the child's U.S. passport or as we plan to do submit the N-600 and then get the child a passport after the N-600 is approved.

I have the N-600 already to go, just need to take kid to Costco for mug shots and then it can be on it's way. Once that's approved mom and daughter will apply for U.S. passports.

[tamz 0]

Thanks all for the replies!

mdyoung...you are my forum night in shinning armour.

tamz

[I'm Gone 60]

I have spent most of the morning researching this, and I've come up empty.

I plan on filing N-400 when I'm eligible to. According to the USCIS website and eligibility tests, my child is not eligible to be naturalized, and I don't understand why.

I checked the info on the N-600, but in the instructions, she is not eligible for that either because she is the step-child of a US Citizen, and there is no way her bio father would ever let her step-father adopt her.

Does anyone know how a minor child can get citizenship?

Any advice or experiences would be helpful!

Once you (I assume natural mother) becomes a U.S. citizen child automaticlly becomes one. You can supposedly then apply for the child's U.S. passport or as we plan to do submit the N-600 and then get the child a passport after the N-600 is approved.

I have the N-600 already to go, just need to take kid to Costco for mug shots and then it can be on it's way. Once that's approved mom and daughter will apply for U.S. passports.

http://www.uscis.gov/graphics/formsfee/forms/files/N-600.pdf

Who Should Use This Form?

If you are the biological or adopted child of a U.S.citizen, you were born outside the United States and you are claiming citizenship by action of law, you automatically become a U.S. citizen if

You have at least one parent who is a U.S. citizen,whether by birth or naturalization; and You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent; and

You have been lawfully admitted for permanent residence

[tamz 0]

Thanks!

[zyggy 9]

Thanks!

As above, once you are naturalizaed, your children who are Permanent Residents become US Citizens. Just be sure to file a N-600 for them after your naturalization (typically after you and your children get US Passports and they give your Natz Cert back to you).

Edited May 19, 2006 by zyggy

[tamz 0]

Huh? After I am naturalized, I get my child a US passport before I file N-600?

That's not in the instuctions for children/US passports

tamz

[tamz 0]

Anyone?

[I'm Gone 60]

Anyone?

The instruction my wife was given at her naturalization ceremony is if you want proof that the child is a U.S. citizen you can file the N-600 for the Certificate of Citizenship or apply for a passport. We are going to file the N-600, that way everything will be closed out with them and then get the passport.

[tamz 0]

Thanks mdyoung! I was hoping you would answer.

[Cali Gal CPA 0]

tamz, mdyoung is right N-600 is not a requirement for your child to get a passport, but it's better to have that document in possession, in case your child will need the certificate for whatever reasons in the future.

My hubby is a naturalized citizen, he was about 8yo when he became a citizen through his parents. During our GC interview, the officer asked for my hubby's natz certificate, eventhough we showed her his blue passport, she still asked for that proof. So yeah, it's a wise idea to have all docs squared away. Good luck!

[zyggy 9]

tamz, mdyoung is right N-600 is not a requirement for your child to get a passport, but it's better to have that document in possession, in case your child will need the certificate for whatever reasons in the future.

My hubby is a naturalized citizen, he was about 8yo when he became a citizen through his parents. During our GC interview, the officer asked for my hubby's natz certificate, eventhough we showed her his blue passport, she still asked for that proof. So yeah, it's a wise idea to have all docs squared away. Good luck!

Yes.. but it takes 4 weeks to get a passport.. It could take up to a year for the N-600. Get the passport first so you both can travel... then file for the N-600.

Edited May 23, 2006 by zyggy