US Passport for soon to be 18 yr old

[Black Velvet 4]

My friend has her US citizenship interview next week. To save money, she is trying to get her daughter's US citizenship by obtaining a US Passport instead of the N-400 form. If she passes the citizenship interview, she can take the oath on the same day. Her daughter will turn 18 (mid August). She is married to the child's father. However, he lives in Jamaica. His IR-1 visa is pending. Therefore, he can not appear at the US Passport Office with their daughter. Does the child's father need to complete Form DS 3053 (Statement of Consent)? Can her mother just show naturalization certificate and idendification? Has anyone applied for a child's passport without the other parent? Please advise.

[dindo and patty 20]

It depends whether the child was born in the US or a green card holder. If born in the US, the daughter can get her US Passport using her birth certificate. If a green card holder, she must apply for US Citizenship before she is able to obtain a US Passport.

[Black Velvet 4]

The child was born in Jamaica, and is a green card holder.

[Black Velvet 4]

The child was born in Jamaica, and is a green card holder. However, the daughter is eligible for a US passport based on her mother's naturalization. See below.

A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):

At least one parent of the child is a U.S. citizen, whether by birth or naturalization.

The child is under the age of 18 years.

The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.

An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), or (G) of the INA.

[Jojo92122 1,924]

My friend has her US citizenship interview next week. To save money, she is trying to get her daughter's US citizenship by obtaining a US Passport instead of the N-400 form. If she passes the citizenship interview, she can take the oath on the same day. Her daughter will turn 18 (mid August). She is married to the child's father. However, he lives in Jamaica. His IR-1 visa is pending. Therefore, he can not appear at the US Passport Office with their daughter. Does the child's father need to complete Form DS 3053 (Statement of Consent)? Can her mother just show naturalization certificate and idendification? Has anyone applied for a child's passport without the other parent? Please advise.

If the daughter is living in Jamaica with the father, then she cannot derive US citizenship from her US citizen mother in the US. One of the requirements under the Child Citizenship Act to pass US citizenship to the child is that the child MUST live in the legal and physical custody of the US citizen parent.

Where is the child living currently? Where was she going to high school - the US with mom or Jamaica with dad?

Edited July 27, 2011 by Jojo92122

[Black Velvet 4]

The child lives with her mother in the United States. She is a senior in high school.

[Jojo92122 1,924]

The child lives with her mother in the United States. She is a senior in high school.

Perfect. She will be a US citizen automatically when her mom naturalizes. She will need to provide documentary proof that mom is a US citizen in order to get a US passport. She will need to provide a copy of her mom's naturalization certificate (which may take a few weeks or months for her mom to receive).

May I suggest that she does not waste time and money by trying to apply for a US passport while in Jamaica. This will only cause problem on the "living in the legal and physical custody of the US parent" requirement. Have her travel back to the US on her Jamaican passport and green card. Once she is home in the US, she can file for a US passport. It will be less problematic.

Since she will be under 18 years old when her mom naturalizes, she will automatically be a US citizen. She is living in the legal and physical custody of her mom with a brief visit outside the US. It will not matter if she is over 18 years old when she applies for the US passport.

Please check with a qualified immigration attorney on the "living in the legal and physical custody of a US citizen parent" requirement if the child is briefly out of the country visiting the other parent. I don't know if this meet the requirement.

Edited July 27, 2011 by Jojo92122

[Brother Hesekiel 2,236]

When mom naturalizes, the daughter automatically becomes a US citizen. Mom and daughter will go together to the post office and apply for a passport book and a passport card for each of them.

Mom and daughter bring the filled out form, a passport-sized photo, and the mulah.

Mom submits her Certificate of Naturalization and a state or government-issued photo ID which they will take a photocopy of.

Daughter submits her Green Card and also a second photo ID as well as her birth certificate, proving that she is indeed her mom's daughter.

If that happens before the daughter's 18th birthday (not the naturalization, but the application for a passport), her mom has to state that she has sole custody of her daughter. If they wait until mid-August the daughter is an adult and no consent is needed anymore.

Keep in mind that the daughter will be a US citizen already. We are just talking about when to apply for a passport.

I don't see any problems either way.

Don't let them talk you into filing an N-600 for the daughter. It's not needed and a waste of money.

[Black Velvet 4]

Perfect. She will be a US citizen automatically when her mom naturalizes. She will need to provide documentary proof that mom is a US citizen in order to get a US passport. She will need to provide a copy of her mom's naturalization certificate (which may take a few weeks or months for her mom to receive).

May I suggest that she does not waste time and money by trying to apply for a US passport while in Jamaica. This will only cause problem on the "living in the legal and physical custody of the US parent" requirement. Have her travel back to the US on her Jamaican passport and green card. Once she is home in the US, she can file for a US passport. It will be less problematic.

Since she will be under 18 years old when her mom naturalizes, she will automatically be a US citizen. She is living in the legal and physical custody of her mom with a brief visit outside the US. It will not matter if she is over 18 years old when she applies for the US passport.

Please check with a qualified immigration attorney on the "living in the legal and physical custody of a US citizen parent" requirement if the child is briefly out of the country visiting the other parent. I don't know if this meet the requirement.

Mom and daughter both live in the US; therefore, they will apply at a post office in Atlanta, Georgia.

Just Bob,

Mulah- you are a hot mess! LOL. I thought that if the daughter applied for a US passport over age 18, she was ineligible. Thanks for the clarification.

[Jojo92122 1,924]

When mom naturalizes, the daughter automatically becomes a US citizen. Mom and daughter will go together to the post office and apply for a passport book and a passport card for each of them.

Mom and daughter bring the filled out form, a passport-sized photo, and the mulah.

Mom submits her Certificate of Naturalization and a state or government-issued photo ID which they will take a photocopy of.

Daughter submits her Green Card and also a second photo ID as well as her birth certificate, proving that she is indeed her mom's daughter.

If that happens before the daughter's 18th birthday (not the naturalization, but the application for a passport), her mom has to state that she has sole custody of her daughter. If they wait until mid-August the daughter is an adult and no consent is needed anymore.

Keep in mind that the daughter will be a US citizen already. We are just talking about when to apply for a passport.

I don't see any problems either way.

Don't let them talk you into filing an N-600 for the daughter. It's not needed and a waste of money.

Hi Bob,

I think we've disagree about the N-600. I like it as a source of secondary evidence. Unlike a person with a US birth certificate evidencing US citizenship, a us citizen born abroad may have difficulty proving US citizenship if the US passport us lost. It can take some time to replace a US passport. While $600 is a good chunk of money, I feel it is worth it in an emergency. Call it an insurance premium.

[NickD 203]

Read the DS-11 instructions at http://travel.state.gov/passport/forms/ds11/ds11_842.html,

Believe a child over 16 does not need the others parent consent. Mom and daughter should apply together as both need the mom's certificate of natualization, plus the child's birth certificate as proof of child of the naturalized parent. Yeah, passport photos and money.

[Brother Hesekiel 2,236]

Hi Bob,

I think we've disagree about the N-600. I like it as a source of secondary evidence. Unlike a person with a US birth certificate evidencing US citizenship, a us citizen born abroad may have difficulty proving US citizenship if the US passport us lost. It can take some time to replace a US passport. While $600 is a good chunk of money, I feel it is worth it in an emergency. Call it an insurance premium.

JoJo,

let me explain my position, short version.

I have been a vocal advocate to apply for a passport book and a passport card at the same time. That's $25 well spent, as it provides the holder of two independent proofs of US citizenship. You are correct, if the young lady in question only has one passport, and loses it, she's back at square one. Well, not really, as she hopefully was smart enough to make a photocopy of it which will aid her to get a replacement. But if she has two US passports and keeps them safe in separate places, she has still an original proof of US citizenship if one of them gets lost.

My passport book is in a locked firesafe which is in a locked Steelcase file cabinet in my house, my passport card is hidden in my office at work, and my CoN is in the bank safe. So even if my house of my office is swallowed by flames or flood or the wraith of the Almighty himself, I still have two separate proofs of citizenship if one of my passports is gone with the wind. That's more than I need. Thus, somebody who has two separate proofs of US citizenship and keeps them both safe in separate locations, doesn't need to spend $600 on a CoC. Of course, if money is no object, she can get herself a certificate and put it into the bank safe. I still think it's a waste of money.

[NickD 203]

JoJo,

let me explain my position, short version.

I have been a vocal advocate to apply for a passport book and a passport card at the same time. That's $25 well spent, as it provides the holder of two independent proofs of US citizenship. You are correct, if the young lady in question only has one passport, and loses it, she's back at square one. Well, not really, as she hopefully was smart enough to make a photocopy of it which will aid her to get a replacement. But if she has two US passports and keeps them safe in separate places, she has still an original proof of US citizenship if one of them gets lost.

My passport book is in a locked firesafe which is in a locked Steelcase file cabinet in my house, my passport card is hidden in my office at work, and my CoN is in the bank safe. So even if my house of my office is swallowed by flames or flood or the wraith of the Almighty himself, I still have two separate proofs of citizenship if one of my passports is gone with the wind. That's more than I need. Thus, somebody who has two separate proofs of US citizenship and keeps them both safe in separate locations, doesn't need to spend $600 on a CoC. Of course, if money is no object, she can get herself a certificate and put it into the bank safe. I still think it's a waste of money.

JustBob, I will never understand your bug on this subject.

1. You have your Certificate of Naturalization, US passport, and that passport card. You started with the USCIS and ended your relationship with the USCIS when you surrendered your green card. You have no more concerns with that AR-11!

2. You apparently did not bring any immigrant kids here.

The Department of State and the USCIS are two different agencies, I feel they should be one, but what I feel does not count. You started with the USCIS and should end with the USCIS. That cost for the N-600, if you did bring a kid here, is nothing compared to the total cost of bringing that kid here. And they will have a Certificate of Naturalization, just like their parent has, but more specifically, a certificate, JUST LIKE YOU HAVE!!!

There are other circumstances for a parent to consider, that parent came here to marry a person, in all practicality, that kid was dragged here, and when 18, at their option, could even elect to return back to their home country. What I am saying here, is that kid should have a strong say on this subject, and not you.

Here again we have ages to deal with, kid has to be under 18 years of age to so-called automatically become a US citizen, can also state that while a kid is under 18 in practically all states, the parent is fully liable for any trouble that kid gets into, so in this respect, a parent can't wait until that kid reaches 18. Ironic as to how responsible they can become for their own actions. Even like attending school everyday. If truant, they don't suffer under 18 the parent does. Another age, at least in my state, if under the age of 14, they don't have a say as to which parent to live with in the event of a divorce, the courts decide that. If over 14, they do have a say.

Some kids are far mature than others, if they love this country, want to stay, are of the age of reason, let them decide if they want the N-600 or not. My own stepdaughter was hurt that her mom got her certificate and she did not, she barely turned over 18. Sorry honey, you, by law, have to wait another two years. She got her certificate, was jumping up and down, and also her US passport. If under 18, I would have applied for the N-600, she wanted that.

Just saying, leave it up to the families and their own situation, I do know of kids when they reached 18, elected to go back to their home country. Now that would be the only situation where paying that measly 600 bucks would be a waste of money.

Its not your opinion that counts, its the kids' opinion and their parents that counts, leave it that way.