Passport for Child Under 18 But out of Status

chuckusa777 · February 12, 2014

I'm hoping someone else on this site has been through this. I've just received my Certificate of Citizenship (1/15/2014) My son who is now 17,(residing in the US.) has the I-130 approved, but they did not approve his AOS, at the time (July 2013)because his entry (I-94)_ had expired, Which means he is out of status. (They took 18 months to approve the I-130).

The only way to change his status is for me to be a citizen, which I now am. The current processing times for AOS looks to be about 5-7 months. He has not seen his mother for 3 years because he cannot leave the country. His mother cannot come here because she works and has 2 other kids and cannot afford to fly here. I need to send him back home in Summer (June).

I tried going onto one of those free Lawyer sites for free advise about what to file for .-these are two replies 1) Apply for a US passport for him immediately, and explore the possibility of filing a form N- 600 certificate of citizenship. But only do so with the help of an experience immigration lawyer to assist you.

2) Ask your attorney whether your son can get advance parole to travel while his application in pending.

I've tried find info on applying for US passport but cannot find anyone that's has a story with non-Citizen applying for Passport while they out of status. (The Immigration site also suggests applying for Passport as the quickest way to get a Child some form of papers, but that comment might be made in the context that the child is in Status)

I'm in a time jam here. I can't afford to go down one route then only to find that it's going to take 6 months before I get any legal documents so that he can leave and come back in the country. He does has a valid passport now. I'm looking for a US passport so that he has some US legal "papers" to get back into the country.

I need to file something by Friday. 1/14. I'm thinking of filing for his passport with whatever doc's I have. (Birth certificates, I-130 approval, My Citizenship certificate) and hoping for the best.

At the same time file AOS and once that's received then apply for Advance Parole.

If you have been through any of this please let me know.

Harpa Timsah · February 12, 2014

He cannot get a US passport until he gets his Greencard. The instant he gets his GC he will be bumped up to citizen, but he has to be in the US in possession of an immigrant status (GC) first.

Edited February 12, 2014 by Harpa Timsah

aaron2020 · February 12, 2014

To derive US citizenship from you, your son needs to meet the following 4 conditions of the Child Citizenship Act on the same day;

1. Have a US citizen parent, and

2. Live with the USC parent, and

3. Is under age 18, and

4. Be admitted as an LPR.

The problem for your son is 4. He needs LPR status to get US citizenship.

All those lawyers who told you to send in whatever to claim your son is a US citizen and get him a US passport are wrong.

Your son may qualify for AP since he is under 18, but why risk it????

I would not let my son out of the US with anything less than a green card.

Ontarkie · February 12, 2014

I'm hoping someone else on this site has been through this. I've just received my Certificate of Citizenship (1/15/2014) My son who is now 17,(residing in the US.) has the I-130 approved, but they did not approve his AOS, at the time (July 2013)because his entry (I-94)_ had expired, Which means he is out of status. (They took 18 months to approve the I-130).

The only way to change his status is for me to be a citizen, which I now am. The current processing times for AOS looks to be about 5-7 months. He has not seen his mother for 3 years because he cannot leave the country. His mother cannot come here because she works and has 2 other kids and cannot afford to fly here. I need to send him back home in Summer (June).

I tried going onto one of those free Lawyer sites for free advise about what to file for .-these are two replies 1) Apply for a US passport for him immediately, and explore the possibility of filing a form N- 600 certificate of citizenship. But only do so with the help of an experience immigration lawyer to assist you.

2) Ask your attorney whether your son can get advance parole to travel while his application in pending.

I've tried find info on applying for US passport but cannot find anyone that's has a story with non-Citizen applying for Passport while they out of status. (The Immigration site also suggests applying for Passport as the quickest way to get a Child some form of papers, but that comment might be made in the context that the child is in Status)

I'm in a time jam here. I can't afford to go down one route then only to find that it's going to take 6 months before I get any legal documents so that he can leave and come back in the country. He does has a valid passport now. I'm looking for a US passport so that he has some US legal "papers" to get back into the country.

I need to file something by Friday. 1/14. I'm thinking of filing for his passport with whatever doc's I have. (Birth certificates, I-130 approval, My Citizenship certificate) and hoping for the best.

At the same time file AOS and once that's received then apply for Advance Parole.

If you have been through any of this please let me know.

They require the actual green card to be submitted with your son's application they will not process it with out it. So save your money and get his green card finished.

Boiler · February 12, 2014

so that he can leave and come back in the country. He does has a valid passport now

Sounds like all he needs is a ticket.

NigeriaorBust · February 12, 2014

If your son is under 18 he can leave with no bar to reentering . Overstays are not held against minors. Make sure he exits before 18 + 180 days ( and do not wait until day 180 ) You should be able to have him leave to see mom have the current I130 upgraded to child of USC and get him back with a green card. How long before he is 18 ? If this is done before 18 he enters with gc and gets to become USC but later he waits 5 years to apply for USC

AnotherLostSoul · March 14, 2014

What I' confused (but maybe I didn't read the message carefully) is that the OP says "my son is 17 years old" but then at the end OP says he has not seen his Mom for years back at home and that his mom cannot come here. So, who is who now? Who is the OP to this 17 years old guy? If the mom then who he hasn't seen for years back at home? If the OP is not the mother, then under what grounds she is hoping that this 17 year old guy gets US citizenship through her. I'm a bit lost on here...

nightingalejules · March 14, 2014

What I' confused (but maybe I didn't read the message carefully) is that the OP says "my son is 17 years old" but then at the end OP says he has not seen his Mom for years back at home and that his mom cannot come here. So, who is who now? Who is the OP to this 17 years old guy? If the mom then who he hasn't seen for years back at home? If the OP is not the mother, then under what grounds she is hoping that this 17 year old guy gets US citizenship through her. I'm a bit lost on here...

Perhaps the OP is his father? Or is that a trick question?

Boiler · March 14, 2014

OP is the Father.

Boiler · March 20, 2014

OP is Father in US

Mother is back home.

kcoyclay1 · November 22, 2014

If your son is under 18 he can leave with no bar to reentering . Overstays are not held against minors. Make sure he exits before 18 + 180 days ( and do not wait until day 180 ) You should be able to have him leave to see mom have the current I130 upgraded to child of USC and get him back with a green card. How long before he is 18 ? If this is done before 18 he enters with gc and gets to become USC but later he waits 5 years to apply for USC

overstays are held against minors.

NigeriaorBust · November 22, 2014

overstays are held against minors.

Wrong overstay clock to a ban starts the day the person turns 18, is the person is still 17 then no ban will occur when they leave ( it may be hard to get a new visa but child are not accountable ) The bar will start at 180 from when the clock starts or at 18 years 6 months of age.