Can child apply for US passport without certificate of citizenship?

[clairebear24 3]

Hi everyone! My child will be going back to the US with me and I was just wondering if I still need to file for the certificate of citizenship for them or if I can just go ahead and apply for their US passport? The fee for the certificate is a bit high which is why I'' wondering if I still need to file that. They didn't automatically become US citizens because of my residency issues but they are US citizens once they enter the US because of the child citizenship act. So what's the best way to go once they arrive in the US?

[Hypnos 6,576]

No. If they qualify under CSPA, they will automatically become US citizens upon PoE, and do not require a Certificate of Citizenship to obtain a US passport.

CSPA applies if:

(i) They are in the physical and legal custody of at least one US citizen parent who is a US citizen by either birth or naturalisation.

(ii) They are under 18 on the day they enter the US.

(iii) They are LPRs.

See https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html and scroll down to "How does the child get a passport..." for information on how to directly apply for US passports for them without a CoC.

Edited September 27, 2016 by Hypnos

[NikLR 13,227]

You file the I-130 for each child immigrating.