AOS for child of US citizen

[capotin9 1]

I am a US citizen and applied for AOS for my 8 years son who came with me to US with a visit visa, his I-130 and I485 were completed and approved but no GC is issued to him as per the mail notice from USCIS.

Is this normal process for children of US citizen? can he apply for US passport now without having GC? I don't want to go with N400 as it will cost more money.

[Pitaya 2,577]

Is your son a US Citizen? US passports are for US Citizens. You need to provide more information.

[capotin9 1]

He was born outside USA and came with me with his foreign passport with a visit visa; hence, I applied for AOS for him, after his interview, they told me he will not get a GC now as he is automatically a US citizen after lawful admition to US. The problem that I cant apply for passport for him coz DOS asks for his GC!

[newacct 688]

He got no card? no I-551 stamp in his passport? nothing? They also never gave him a Certificate of Citizenship? It does seem a little odd; I don't know if the procedure was different back then. Maybe you can make an InfoPass appointment and ask USCIS if they would at least give him an I-551 stamp (you can at least apply for a US passport with that) or if not what they would recommend to do.

Applying for a Certificate of Citizenship with N-600 will almost certainly work, as USCIS adjudicates it and they have all the files. But that costs several hundred dollars and takes many months and it seems a really ####### thing for USCIS to force you to pay to apply for this when it shouldn't be necessary.

[EM_Vandaveer 2,408]

You probably need to file an N-600 (NOT an N-400).

The proper thing to do would have been to file a CENOMAR & get the child a US passport while still aboard, but that's water under the bridge.

Edited October 11, 2015 by EM_Vandaveer

[EM_Vandaveer 2,408]

By the way, they were wrong when they told you about automatic citizenship after lawful entry. There's automatic citizenship after lawful entry ON AN IMMIGRANT VISA, not just any lawful entry!

[capotin9 1]

Can someone explains to me what I suppose to do next?

other than filing N600?

I need to travel in christmas outside the country with my son!

[newacct 688]

By the way, they were wrong when they told you about automatic citizenship after lawful entry. There's automatic citizenship after lawful entry ON AN IMMIGRANT VISA, not just any lawful entry!

It's automatic citizenship upon Adjustment of Status being approved and becoming a permanent resident.

[capotin9 1]

The problem that they haven't given my son a GC, they sent me the following note:-

Your child’s application for adjustment of status to that of permanent resident has been completed. The application is approved pursuant to Section 245 of the Immigration and Nationality Act. As a child of a United States citizen, your child will not receive a permanent resident alien card.

[Hypnos 6,576]

To obtain a US passport for a child who acquired US citizenship through the Child Citizenship Act (as your son has) then you need a document showing he has been admitted as an LPR.

Worst case scenario you can file an N-600 and obtain a Certificate of Citizenship via that route.

Edited October 12, 2015 by Hypnos

[EM_Vandaveer 2,408]

It's automatic citizenship upon Adjustment of Status being approved and becoming a permanent resident.

That's fine, however they did not issue a GC, so the question is how to prove it for the passport application!

[EM_Vandaveer 2,408]

You probably need to file an N-600 (NOT an N-400).

The proper thing to do would have been to file a CENOMAR & get the child a US passport while still aboard, but that's water under the bridge.

Sorry I meant CRBA not CENOMAR.

[newacct 688]

Sorry I meant CRBA not CENOMAR.

It's safe to assume that the OP's son was not a US citizen at birth or otherwise they wouldn't have gone through Adjustment of Status (and USCIS wouldn't have approved it).

[EM_Vandaveer 2,408]

It's safe to assume that the OP's son was not a US citizen at birth or otherwise they wouldn't have gone through Adjustment of Status (and USCIS wouldn't have approved it).

I'm not sure if it's "safe to assume". OP could have assumed that simply being born abroad meant no automatic citizenship for his son, consequently going for the visitor visa in foreign passport, entry to US, AOS route....

[Hypnos 6,576]

Not every US citizen is able to transmit citizenship to their child if they are born overseas.