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Filed: IR-1/CR-1 Visa Country: Brazil
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Posted

My 3-yr old son came to the US with me on a IR2 visa. Now I need to know how to get his US passport. Do I have to have a certificate of citizenship?

Info:

1) I am a US citizen (born US citizen, but lived abroad since I was 10)

2) Son was born abroad and did not acquire US citizenship at birth.

3) we are both in the US now.

I would appreciate any help I can get!!

Posted

He automatically became a US citizen under the Child Citizenship Act (2000) on the day all of the following became true: (i) he lives in your legal and physical custody, (ii) you are a US citizen, (iii) he is under 18, (iv) he was admitted as a permanent resident. It doesn't matter what order they were completed in, once all four became true he automatically became a US citizen.

You can read up on the process to obtain his US passport here: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html (scroll down to How Does the Child Get a Passport Under the Child Citizenship Act?). It is not necessary to obtain a certificate of citizenship first (although you can, if you really want to), you can just go directly to a passport for him which will also serve as proof of US citizenship.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
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