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LBeachey

Child Citizenship Act of 2000 Logistics Questions

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Filed: Lift. Cond. (apr) Country: China
Timeline

I have a couple logistics questions for a friend of mine whose wife is applying for Citizenship. The son is living with her and her US Citizen husband. He has not adopted the child.

It is clear that once the LPR wife becomes a Citizen, her son will also become a citizen under the Child Citizenship Act of 2000. It is clear the best path to establish citizenship for the child is to apply for a passport. As he will be moving abroad, one of the concerns is getting the passport for the son as quickly as possible as traveling on a Chinese passport would be problematic.

These are my questions:

1. Once the wife becomes a citizen, she will need to use her certificate of citizenship to apply for a passport. However, the son's passport application will also have to show his wife has been naturalized. Since passport applications require originals and I would think they would have to submit her naturalization certificate in th son's application, Will they be able to apply for both passports at the same time or will they need to apply for the wife first and then the son only when they get the originals back.

2. The passport site says that the son's green card is proof of Permanent Residence but not that the son has been in his wife legal and physical custody. What is good proof? I would think school records (he has been here for about a year) would establish that. What have others used?

3. His biological father is still in China and obviously consented to his son coming in order for them to obtain the Immigrant visa. Since both parents must consent to the issuance of a passport, are they going to need his consent or is his presence here on a green card enough to establish his wife as having sole physical and legal custody?

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