Child citizenship

[buck501 0]

Hi All

It has been a while since I have posted here, you were all a great help thoughout the whole visa process. My wife is noe ready to apply for citizenship. Her son, who is 16 yeares old has his 10 year GC also.

My question. I could not find anywhere on the USCS site about him getting his citizenship along with her. I thought for some reason that if he was undwe 18 he would automaticly become a citizen. I askes a lawyer and he said that her son would have to wait until he was 18 and then apply. That does not make sense to me. Any input? Thank you

[James And Oksana 19]

Hi All

It has been a while since I have posted here, you were all a great help thoughout the whole visa process. My wife is noe ready to apply for citizenship. Her son, who is 16 yeares old has his 10 year GC also.

My question. I could not find anywhere on the USCS site about him getting his citizenship along with her. I thought for some reason that if he was undwe 18 he would automaticly become a citizen. I askes a lawyer and he said that her son would have to wait until he was 18 and then apply. That does not make sense to me. Any input? Thank you

Any children under the age of 18 at the time of the naturalization would become US citizens. Sending in a copy of the naturalization along with form N-600 and the dependent child should get a certificate of citizenship. This then can be used to get a US passport for the child. This does not apply to children over the age of 18.

Edited July 8, 2011 by James And Oksana

[Jojo92122 1,924]

Hi All

It has been a while since I have posted here, you were all a great help thoughout the whole visa process. My wife is noe ready to apply for citizenship. Her son, who is 16 yeares old has his 10 year GC also.

My question. I could not find anywhere on the USCS site about him getting his citizenship along with her. I thought for some reason that if he was undwe 18 he would automaticly become a citizen. I askes a lawyer and he said that her son would have to wait until he was 18 and then apply. That does not make sense to me. Any input? Thank you

The lawyer is wrong.

If your wife's son meets all four requirements of the Child Citizenship Act, he automatically becomes a US citizen.

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

The child must meet the following requirements:

1) Have at least one American citizen parent by birth or naturalization;

2) Be under 18 years of age;

3) Live in the legal and physical custody of the American citizen parent; and

4) Be admitted as an immigrant for lawful permanent residence.

**** A step-parent does not count unless the step-parent has legally adopted the other spouse's child****

There is no need to file anything for him to gain automatic citizenship under the CCA. However, he might want proof that he is a US citizen. He can obtain a Certificate of Citizenship by filing Form N-600. He can also apply for a US passport. Get both - always nice to have several ways to prove US citizenship if one document is lost.

Edited July 8, 2011 by Jojo92122

[Udella&Wiz 325]

One more reason not to trust a lawyer - they don't appear to know their facts.

Your wife should apply for her citizenship promptly so that he will still be under 18 when she finally gains her citizenship - seems to be about a 6 month process these days - give or take.

Cheers

[buck501 0]

Thanks to all!! As usual this is the best place to get accurate info!!

[jlvr 1]

Thanks to all!! As usual this is the best place to get accurate info!!

My goodness, after all of the fees for every step of the way, K-2 and I-130 petitions, Adjustment of status for 2 year, then 10 year cards, then the N-400 fee, it's still an additional $600 for the certificate of citizenship for the children!

[NickD 203]

My goodness, after all of the fees for every step of the way, K-2 and I-130 petitions, Adjustment of status for 2 year, then 10 year cards, then the N-400 fee, it's still an additional $600 for the certificate of citizenship for the children!

Only those that petitioned for a spouse with children can appreciate this, the fees for the AOS are the same for each and every child and are astronomical now. Bit of a break for removal of conditions, just pay an extra 80 bucks for each kid, but not so with citizenship. To have that kid be completely cleared of the USCIS like your spouse is, is 600 bucks per kid, plus more forms and the same old proof again. And that other biological parent can still be a pain in the butt.

But when that kid turns 18, nobody really cares anymore about that kid, speaking about the law. Then its up to that kid to make his/her own decisions regarding immigration.

So you are told your kid is automatically a US citizen, but not given any proof of that. But you can get that proof for 600 bucks by filling out another form, and providing a whole more bunch of the same proof again.

Wonder who dreamed up this procedure?

[OKflyboy 35]

My goodness, after all of the fees for every step of the way, K-2 and I-130 petitions, Adjustment of status for 2 year, then 10 year cards, then the N-400 fee, it's still an additional $600 for the certificate of citizenship for the children!

You don't have to file N-600, just get a passport for the kid.

[Harsh_77 718]

You don't have to file N-600, just get a passport for the kid.

That would not work.... Child still needs a certficate to show his citizenship for getting the passport. At this point child has citizenship to some country based on birth and he is eligible for passport from that country not US.

Just walking in and applying for child's(Unuder 18) US passport would not work, they need some proof that he given up the citizenship of his birth country and accpted US citizenship.

Even though his guardians have made this choice, he would still need the certificate of citizenship for which she will have to file N-600.

[mex 0]

You don't have to file N-600, just get a passport for the kid.

If we base on his/her status.that probably good enough, but he/she is still need to apply(N600)because in the future if he/she would like to apply for federal and state government they would still look for it.his/her certificate

[Jojo92122 1,924]

That would not work.... Child still needs a certficate to show his citizenship for getting the passport. At this point child has citizenship to some country based on birth and he is eligible for passport from that country not US.

Just walking in and applying for child's(Unuder 18) US passport would not work, they need some proof that he given up the citizenship of his birth country and accpted US citizenship.

Even though his guardians have made this choice, he would still need the certificate of citizenship for which she will have to file N-600.

Wrong on everything.

========================

Read the instructions for getting a US passport. A child who qualifies for automatic citizenship does not need a certificate of citizenship to obtain a US passport. A Certificate of Citizenship is not mentioned as a required document for a child to get a US passport under the CCA.

http://travel.state.gov/visa/immigrants/types/types_1312.html#7

How Does the Child Get a Passport Under the Child Citizenship Act?

You will need the following when the child applies for a passport:

* Proof of the child's relationship to the American citizen parent. For the biological child of the American citizen this will be a certified copy of the foreign birth certificate (and translation if not in English). For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);

* The child's foreign passport showing the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) I-551 stamp in the passport, or the child's permanent resident card (green card);

* Proof of identity of the American citizen parent(s)

* Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions.

==============

There is no requirement that a child under 18 must give up the citizenship of his birth country to accept US citizenship. Lots of people have dual citizenship.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another.

==============

She does not "have to file N-600." It is not required. It's a good idea to have a Certificate of Citizenship, but it is not required to get one.

http://travel.state.gov/visa/immigrants/types/types_1312.html#6

Must the Child Get a Certificate of Citizenship?

You do not have to apply for a certificate of citizenship for your child. If you want to apply for a certificate, please go to How to Get a Certificate of Citizenship for your Child for instructions.

[Brother Hesekiel 2,236]

A Certificate of Citizenship is only for people who have more money then brains. It's so totally not needed in order to get a US passport and so totally not necessary for anything. A total waste of time and money for those who became US citizens when one of their parents became one.

Wanna bet $100?

[NickD 203]

A Certificate of Citizenship is only for people who have more money then brains. It's so totally not needed in order to get a US passport and so totally not necessary for anything. A total waste of time and money for those who became US citizens when one of their parents became one.

Wanna bet $100?

Let's just keep this as a choice for the parent of that child. I didn't have a choice in this matter, with long delays during the AOS kid barely turned over 18 so she had to wait those two extra years plus another 680 bucks and another 1,350 miles of driving to get that certificate. Biometrics, interview, and oath ceremony.

But if she was under 18, will still have gone with the N-600, so she like her mom, would be completely free of the USCIS, but this time, 80 bucks cheaper and only one trip. One advantage of her turning over 18, it was her choice, not mine. She also had the option of returning to her home country if she wanted.

Since I was born and raised in this country, very accustomed to dealing with many different agencies, have to have a clear record with each agency, the N-600 and US passport with two different agencies provides that clear record, and we are talking about a lifetime here.

Do I agree with this system? Absolutely not, we have way too many different agencies to deal with that are making their own laws your congressman doesn't even know a damned thing about, and many of the laws contradict each other from the various agencies. But that is the way it is and trying to change it is next to hopeless.

In regards to getting robbed by our government for services not even received, I sure in the hell aren't getting any services, unless you call the city dumping all the city street snow in my driveway a service. Our single highest bill is our federal and state tax bill, followed by our huge property tax bill, so just accustomed to getting screwed by our government. Had to fight in a war against the spread of communism when we have that right here. Having to pay for other kids health care when I had no fun in making them, plus their school lunches and education.

With my own kids, government was giving educational grants if they maintained a GPA of 3.0 or above. Was a good investment for them as my kids got high paying jobs and got all their money back in income taxes, the first year. With Bush and is war in Iraq for their freedom, no more grants, dishing out $8,000 a year now for tuition and only can deduct $4,000 of that so effectively paying taxes on taxes. Plus our property taxes have increased drastically. Paying that extra 600 bucks for her would be nothing for her lifetime, so she like her mom, would be completely free of the USCIS. But as it was, it was her fault for turning over 18 so had to lay out 680 bucks, ha, a week later, would have been 685 bucks. But she is now completely free of the USCIS. If you want freedom, have to pay for it.

[NickD 203]

Oh, and what JustBob reported, he had to get his certificate first, and never reported having an immigrant kid, so I do not feel he is in a position to offer an opinion on this subject.

For my wife, she met a guy beyond her wildest dreams, for her daughter, was being pulled away from her childhood friends into a strange country with a strange language and did have to experience a degree of prejudice due to her culture. Coming here wasn't easy for her. Felt responsible for bring her here, but it was her decision to stay or go back. She did go back for three months and couldn't wait to come back to her home in the USA. Got through AOS and removing of conditions for her, US citizenship was the final step and wanted that to be done 100% with the USCIS.

If your kids are automatically US citizens, why don't they take their green cards away? Should charge you the extra 85 bucks and give them a certificate. Ha, waste your time and write your congressman on this issue. But if you deal with your congressman, keep your hand over your wallet.