What to do? (Kid is in US but can´t get passport)

[SoerenHelmer 50]

Hi

So my young kid is in US with her mom and brother, both are US cit.

After 3 month of talking to government offices, we are at a crossroad.

Now that she is in the Us, can we just do a AOS for her ?

Or what.

[aaron2020 11,651]

USC mom can petition for her daughter. If the daughter is single and under age 21, she can file to adjust status for a green card. If she is a minor, she will need her father's permission for her to immigrate to the US. If she does not get her father's permission, then she can not adjust status.

[Georgia16 2,858]

USC mom can petition for her daughter. If the daughter is single and under age 21, she can file to adjust status for a green card. If she is a minor, she will need her father's permission for her to immigrate to the US. If she does not get her father's permission, then she can not adjust status.

He is Danish and here all we need is full custody But that being said I think the child is his own he is moving over to his wife and child

[SoerenHelmer 50]

USC mom can petition for her daughter. If the daughter is single and under age 21, she can file to adjust status for a green card. If she is a minor, she will need her father's permission for her to immigrate to the US. If she does not get her father's permission, then she can not adjust status.

My wife is a USC and I will be in US soon on GC.

And my wife has pieces of papers where i say she are allowed to make decisions.

So AOS is the way to go then, she is 4 years old.

Thanks

He is Danish and here all we need is full custody But that being said I think the child is his own he is moving over to his wife and child

:thumbs:

[Penguin_ie 5,993]

Assuming the child is not a US citizen already by virtue of her bother being one, yes, AOS is the way to go.

[SoerenHelmer 50]

Assuming the child is not a US citizen already by virtue of her bother being one, yes, AOS is the way to go.

They tell us that she can´t get her USC for the reason that the rules are diff. when a woman gets married etc.

So that´s diff from when my boy got his USC, then we was not married.

But they put a lawyer on it now.

[NikLR 13,227]

Oh she needs to be legitimized.

Stupid outdated law especially considering her citizenship is based on her mother. Weird.

[newacct 688]

So let me try to get this straight.

Both these children are you and your wife's biological children, right?

• The first child, your son, was born before you were married. He was born out of wedlock. He got US citizenship automatically at birth because his US citizen mother was physically present in the US for some continuous period of 1 year some time in her life before his birth.
• The second child, your daughter, was born after you were married. She was born in wedlock. She did not get US citizenship automatically at birth because her US citizen mother was not physically present in the US, any time in her life before the daughter's birth, for a total (not necessarily continuous) amount of 5 years, including 2 years after the mother turned 14.

Is this correct?

How did your daughter enter the US? With an immigrant visa or nonimmigrant visa?

[SoerenHelmer 50]

So let me try to get this straight.

Both these children are you and your wife's biological children, right?

• The first child, your son, was born before you were married. He was born out of wedlock. He got US citizenship automatically at birth because his US citizen mother was physically present in the US for some continuous period of 1 year some time in her life before his birth. - Correct
• The second child, your daughter, was born after you were married. She was born in wedlock. She did not get US citizenship automatically at birth because her US citizen mother was not physically present in the US, any time in her life before the daughter's birth, for a total (not necessarily continuous) amount of 5 years, including 2 years after the mother turned 14. - She have been in the US over 5 years and more the 2 years collectiv after the age of 14, we prove that with her passport

Is this correct?

How did your daughter enter the US? With an immigrant visa or nonimmigrant visa?

- non immigrant visa, after we was told by the US embassy in Denmark, that it would be much faster to get it done when she was in the US

Also the lawyer as we hired now, says it make no sens for the to not give her USC after he looked over the passport etc.

[newacct 688]

Also the lawyer as we hired now, says it make no sens for the to not give her USC after he looked over the passport etc.

Since you say she met the 5 years (including 2 after turning 14) requirement to pass on US citizenship, your daughter should be a US citizen since birth, and you guys should have gotten a CRBA and US passport for her in the home country. I don't understand why this didn't happen. Did they reject your application for not having enough proof or something? Or did they erroneously told you not to apply?

If she is indeed a US citizen, then you should be able to get a US passport for her right now in the US. Submit the same proof that you would have used to apply for CRBA/passport before.

[SoerenHelmer 50]

Since you say she met the 5 years (including 2 after turning 14) requirement to pass on US citizenship, your daughter should be a US citizen since birth, and you guys should have gotten a CRBA and US passport for her in the home country. I don't understand why this didn't happen. Did they reject your application for not having enough proof or something? Or did they erroneously told you not to apply?

If she is indeed a US citizen, then you should be able to get a US passport for her right now in the US. Submit the same proof that you would have used to apply for CRBA/passport before.

- In Denmark

First it was not all the dates was accepted.

- In US

Then they say do nationalizing, after my wife got all the papers to do that, she got rejected again with some BS.

Then they told her to get all passport so she could prove the dates etc. Again she got rejected

And now after 2 month of running around and talking to way to many people about this, we got a lawyer on it.

So now await what he can do, but he is very optimistic about it.

[newacct 688]

- In Denmark

First it was not all the dates was accepted.

- In US

Then they say do nationalizing, after my wife got all the papers to do that, she got rejected again with some BS.

Then they told her to get all passport so she could prove the dates etc. Again she got rejected

And now after 2 month of running around and talking to way to many people about this, we got a lawyer on it.

So now await what he can do, but he is very optimistic about it.

What exactly did you apply for for your daughter in the US? Did you apply for a US passport for her? Did it get sent to the State Department and they rejected you or what? Or did you file N-600 to apply for a Certificate of Citizenship? Or did you apply for something else?

If you are unable to prove that she's a US citizen, then AOS is the way to go. Once AOS is approved, she will become a permanent resident, and also immediately become a US citizen. Then you can apply for a US passport for her.

I am not sure what you mean by "naturalization". If a person is already a US citizen, they wouldn't naturalize. A child can only naturalize either automatically through INA 320 (which requires becoming a permanent resident first), or by applying through the INA 322 process (with form N-600K). But the N-600K process is meant for children who reside abroad, so wouldn't really be appropriate in this case anyway.

[SoerenHelmer 50]

What exactly did you apply for for your daughter in the US? Did you apply for a US passport for her? Did it get sent to the State Department and they rejected you or what? Or did you file N-600 to apply for a Certificate of Citizenship? Or did you apply for something else? - We applied for USC in Denmark about 6 month ago, was turned down. Then we where told to "naturalize" her, but again was turned down.

- We did the same in US, at a government office, and was turned down every step even so, that we just did was we was told to do by THEM.

If you are unable to prove that she's a US citizen, then AOS is the way to go. Once AOS is approved, she will become a permanent resident, and also immediately become a US citizen. Then you can apply for a US passport for her. - With all my wife´s old passport and the fact that my first kid is a USC, our lawyer says it just some idiot not knowing what they did that turned her down for USC.

I am not sure what you mean by "naturalization". If a person is already a US citizen, they wouldn't naturalize. A child can only naturalize either automatically through INA 320 (which requires becoming a permanent resident first), or by applying through the INA 322 process (with form N-600K). But the N-600K process is meant for children who reside abroad, so wouldn't really be appropriate in this case anyway.

- I don´t remember what we used here in Denmark and i have not been there for the part they did in the US, hence I´m just about to get my Visa myself.

[Alaska2012 462]

You only used her passport to show her presence in the US? When we did the CRBA in Sweden I was told that my husband's passport wasn't enough so he had to get some paperwork from his old university that showed he had been present in the country.

Anyway, fingers crossed they get this straight for you!

[SoerenHelmer 50]

You only used her passport to show her presence in the US? When we did the CRBA in Sweden I was told that my husband's passport wasn't enough so he had to get some paperwork from his old university that showed he had been present in the country. Anyway, fingers crossed they get this straight for you!

With my boy all we did was passport´s and pictures.

So i will think they are doing mostly the same again.