Under 18 Son - Best Way to get USC?

[Aldez 0]

Hello!

I have became a USC thru naturalization long time ago and I'm biological father of a 17 year old boy. My son recently applied for LPR and became a LPR.

I have been told that if he had GC when I took oath, he would also became a USC however he didn't have GC nor even applied for LPR at that time.

I heard that I can apply for N600 or US Passport for him? Or is he a USC right now? Is it legal to apply for US Passport without completing naturalization?

Is it possible? Which way is the best? Which way is faster? Is there any interview?

Or what do you recommend for him to acquire/document his citizenship?

[Brother Hesekiel 2,236]

He is a U.S. citizen already. He became it about a nanosecond after becoming a LPR.

Save the $600 and and apply for a passport book and a passport card for the little one.

[Jojo92122 1,924]

When a child meets the four requirements of the Child Citizenship Act, the child automatically acquire US citizenship.

The Child Citizenship Act requirements are 1) have a US citizen parent, 2) live with the US citizen parent, 3) is under age 18, and 4) obtain LPR status.

If your son entered the US on an immigration visa before the age of 18 to live with you, his US citizen parent, then he automatically acquires US citizenship. He is not required to file anything because citizenship is automatic. It is a good idea for him to obtain proof of US citizenship by filing for a US passport which is cheaper than the certificate of citizenship. He is not obligated to get either documents - US passport or certificate of citizenship. He should get at least one of them as proof that he is a US citizen.

[NickD 203]

Least they let the kid tailgate the parent with the I-751, could be nice and do that with the N-400, but not very nice in this respect. The N-600 would close the door with the USCIS, still listed technically as an LPR. No choice with my stepdaughter, she barely turned over 18, but if it was a couple of weeks later, would have dished out the 600 bucks. If for no other reason, to close that door with the USCIS.

I like saving money, saved $2,400 by laying my own floor, contractor wanted 5 bucks a square foot, another $2,000 that my neighbor just paid to have some trees removed, just this last week, good exercise, another $2,400 by changing the timing belt in my Toyota, another $1,800 by changing a couple of U-joint in my Volvo stern drive. All this is recent and rather do this than sit on my butt sipping beer, getting a big pot watching a football game. Paying the USCIS 600 bucks to me is not the way to save money, brought my daughter here, and want her to be completely free of them, forever.

That 600 bucks is a one time charge, then its over. Unlike my property tax bill where I have to put 500 bucks per month in the bank so I won't be tossed out of my home. Would really love to take those basterds to court for charging me outrageous prices for services never received. But that, I cannot do.

[Jessica24 3]

Your son became a US citizen through your citizenship status. Additionally, If he was born in the US, then he would have automatically become a US citizen by birth. It is better to have some sort of proof for your son's citizenship status. I would suggest that you first get a certificate of citizenship for your son and then go in for a passport. This is because , proof of US citizenship is a must while applying for a US Passport and if you do not have any other proof then this will be important. Otherwise, filing in straightaway for a US passport will do!

[Jojo92122 1,924]

Your son became a US citizen through your citizenship status. Additionally, If he was born in the US, then he would have automatically become a US citizen by birth. It is better to have some sort of proof for your son's citizenship status. I would suggest that you first get a certificate of citizenship for your son and then go in for a passport. This is because , proof of US citizenship is a must while applying for a US Passport and if you do not have any other proof then this will be important. Otherwise, filing in straightaway for a US passport will do!

The child does not need his own certificate of citizenship to obtain a US passport. The child can send in his parent's certificate.

It's $600 for the certificate. It's $110 for the passport. Either by itself is sufficient as proof of citizenship. There is no need to get both. Go with the cheaper option.

[Aldez 0]

He wasn't born in US and entered with a non-immigrant visa then adjusted status to LPR.

So you are saying he can directly apply for a US Passport? What documents will he need? Is there an interview? If so, do both of us need to attend the interview?

Will he need a SSN? We couldn't apply for SSN because he just became a LPR. On the SSN form, there is a question that asks whatever he is a LPR or USC, what option should we mark and how can we prove that?

Thanks much!

Edited September 15, 2011 by Aldez

[Jojo92122 1,924]

He wasn't born in US and entered with a non-immigrant visa then adjusted status to LPR.

So you are saying he can directly apply for a US Passport? What documents will he need? Is there an interview? If so, do both of us need to attend the interview?

Will he need a SSN? We couldn't apply for SSN because he just became a LPR. On the SSN form, there is a question that asks whatever he is a LPR or USC, what option should we mark and how can we prove that?

Thanks much!

Your son can apply directly for a US passport. Follow this link to see what documents are necessary for him to obtain a US passport; http://travel.state.gov/visa/immigrants/types/types_1312.html#7. There is no interview.

[Jojo92122 1,924]

Your son can apply directly for a US passport. Follow this link to see what documents are necessary for him to obtain a US passport; http://travel.state.gov/visa/immigrants/types/types_1312.html#7. There is no interview.

Social Security will need a certificate of citizenship or US passport to classify your son as a US citizen. He cannot state that he is an LPR because he is a US citizen under the Child Citizenship Act. He will need his passport to get his SSN.

[Aldez 0]

Your son can apply directly for a US passport. Follow this link to see what documents are necessary for him to obtain a US passport; http://travel.state.gov/visa/immigrants/types/types_1312.html#7. There is no interview.

Social Security will need a certificate of citizenship or US passport to classify your son as a US citizen. He cannot state that he is an LPR because he is a US citizen under the Child Citizenship Act. He will need his passport to get his SSN.

Doesn't he need SSN to apply for US Passport first? I read that there is a fine if you don't write an SSN.

[hikergirl 277]

It also depends on if you were married to the child's mother at the time of birth or married her after to legitimize your child.

To qualify as a “child” for purposes of section 320 of the INA, the individual must be unmarried.  Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101©(1) of the INA.  Finally, a stepchild who has not been adopted does not qualify as a child under this section.

[Jessica24 3]

The child does not need his own certificate of citizenship to obtain a US passport. The child can send in his parent's certificate.

It's $600 for the certificate. It's $110 for the passport. Either by itself is sufficient as proof of citizenship. There is no need to get both. Go with the cheaper option.

Yes, the dad's certificate can be sent in. Since the son was born abroad, the consular report of birth abroad can also be used in its place, if it is available. And as for the SSN, it is given in the beginning of Form DS-11 ( Application for US passport) that failing to provide this will result in delay or denial of the application.

[Brother Hesekiel 2,236]

Your son became a US citizen automatically because he is a child. A child cannot apply for a passport. You, the parent, with your Certificate of Naturalization will do that for your child, if you want your child to have a passport.

[Jojo92122 1,924]

It also depends on if you were married to the child's mother at the time of birth or married her after to legitimize your child.

To qualify as a “child” for purposes of section 320 of the INA, the individual must be unmarried.  Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101©(1) of the INA.  Finally, a stepchild who has not been adopted does not qualify as a child under this section.

Legitimacy has nothing to do with the Child Citizenship Act. Don't confuse one immigration law with another. Legitimacy matters for somethings such as petitioning a parent, but does not matter here.

[Jojo92122 1,924]

Yes, the dad's certificate can be sent in. Since the son was born abroad, the consular report of birth abroad can also be used in its place, if it is available. And as for the SSN, it is given in the beginning of Form DS-11 ( Application for US passport) that failing to provide this will result in delay or denial of the application.

There is no CRBA. If there was, the child would have been a US citizen at birth and would have been required to obtain a US passport to enter the US. Here, the child obtained an immigration visa to become an LPR. A US citizen cannot be issued an immigration visa.

In addition, a SSN is only required if the applicant has one. If the applicant does not have one, then it is not required. Read the instructions carefully for Form DS-11.

http://www.state.gov/documents/organization/79955.pdf

Section 6039E of the Internal Revenue Code (26 USC 6039E) requires you to provide your Social Security Number (SSN), if you have one, when you apply for a U.S. passport or renewal of a U.S. passport. If you have not been issued a SSN, enter zeros in box #5 of this form.

Edited September 16, 2011 by Jojo92122