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Posted (edited)

Hello guys! My questions will be for people, who got citizenship their kids through Naturalization Parents... Maybe someone can help me or give me some suggestions. I am getting my citizenship through Naturalization in few months. I have a son, who is 4 years old and my husband is the step father (US citizen). 

Can I apply for US passport (after I will get my Naturalization Certificate) for a minor child before submitting the N-600 and getting the certificate? IF I can apply for his US passport based on my Naturalization Certificate, should he be present in US when I apply for his passport (right now we are staying overseas because of my husband's work) or I can do it without him? And can I apply for his first passport overseas, at the nearest US embassy to us?

I would prefer to get him US passport first, because his old passport expires next year. And then next step will be to apply N-600. Will the Passport agency let me apply for my son's passport IF he doesnt have his own Certificate of Citizenship and if he is not with me? What kind of evidence I need to present for applying for his US passport? Can I present copy of my state ID as a proof that my kid live with me, because he is not going to school yet? I hope someone will give me any suggestions. Have a good day! :)

Edited by Snadiya13
Posted (edited)

You would first need to file an I-130 seeking an immigrant visa for your son. 

 

After he has received it, he will automatically become a US citizen under the Child Citizenship Act once all of the following are true:

 

(i) He has at least one parent who is a US citizenship by birth or naturalisation (you, after you naturalise) and is in their legal and physical custody. 

 

(ii) He is a permanent resident (he has entered the US on his immigrant visa). 

 

(iii) He is under 18.

 

So assuming you naturalise and then he receives his visa, he will become a US citizen on the day he enters the country because that will be the earliest date that all three conditions become true. 

 

You can then file directly for a US passport for him, or a N-600 for a CoC and then a US passport (at additional expense) if that is your preference. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Then he'll become a US citizen under the CCA on the same day you do.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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