Can my child apply for a US Passport with an expired Green Card??

[jpac876 1]

Hello all!

My wife, who came in 2010 on a K1 visa from the Philippines, is now a US Citizen! With regards to her "visa journey," all the processes and applications were done smoothly and within a timely manner. Unfortunately, for my stepson (my wife's from a previous relationship) we neglected one seemingly important step. He originally came under a K2 visa. We then, almost immediately upon his arrival, filed the adjustment of status and he was granted a conditional green card. We mistakenly thought that his green card would expire this coming November. Come to find out, it had expired LAST NOVEMBER 2013. We did not and have yet to file the "Removal of Conditions" application. I was advised by the USCIS customer service agent that since he is only 7 years old, we shouldn't have to worry about deportation or anything like that. However, they did say that I should file the application right away. Our plan was to have that filed by the end of this month. That was until my wife's Oath taking ceremony earlier this week. We were told that her any of her unmarried children under 18 would also automatically become US Citizens upon her receiving her naturalization certificate. After asking for more details, the USCIS officer simply said to just go to the Post Office and apply him for a passport and that there shouldn't be any issues. He also noted that since my wife is now a US Citizen he is entitled under law to also be a US CItizen. However, we were not entirely confident in his answer. Would we be able to apply for a passport for him? or should we still proceed with the removal of conditions then apply for a passport once his green card is current? In my opinion, the latter seems to be a HUGE waste of money due to the circumstances at this point (Myself and now my wife are US Citizens). Any insight on this would be greatly appreciated. Thank you all for your help

Regards,

Justin

[Udella&Wiz 325]

He became a US citizen when his mother did and he is well under the age of 18 so no worries there. I think the immigration officer told you correct info. Apply for his US passport with his mother's certificate as proof of her US citzienship. I imagine you could apply for both at the same time.

[jpac876 1]

Thanks. We decided to give that a shot next week

[phardream 0]

Hi! I'm in almost the same position as yours with regards to my son's status. In his case though, his green card doesn't expire til end of August. I am still waiting for my interview as of this moment (April filer). I have been hoping to get my US citizenship before his card expires just to save us some money from the removal of conditions.

Can I ask for a big favor? Would appreciate it if you could please let me know if you're able to get your son his passport with the expired green card? I would really love to save some money! As you have said, it would be a huge waste for us to still pay for removal.

[jpac876 1]

Sure!

So my wife was able to get a passport with no problems =) Her job even picked up the processing and expediting fees! We then asked about our our son's Passport. Without mentioning his expired green card, we specifically asked "tell us everything we need to bring in order to get our son a passport." The agent was very helpful and kindly listed the information.

1. Proof of Citizenship (my wife's naturalization certificate sufficed)

2. Evidence of parental relationship (my son's BC)

3. Photo ID (my wife's passport and/or Drivers License) OR child's photo ID (We didn't mention his expired green card) <------Agent said we only needed one or the other

4. Parental Consent from both parents <-----this was the only hiccup in the process since my stepson's biological father is still in the philippines and not a part of his life.

5. 2X2 passport photo

6. completed application

hope this helps!

feel free to email me personally if you have other questions at jpac876@yahoo.com

Justin