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Hi, My brother came to USA when he was 16 years old with IR2 visa, petitioned by US Citizen (by Naturalization) Father.His Green Card was Issued 2 months after arrival. He is currently 18 years old. The question is, Is he still eligible to apply for US Passport under Child Citizenship Act of 2000 Section 320 given his current age? I'm hoping that there is somebody here that has been trough the same case.  Thanks everyone.

 

 

According to Trave.state.gov

 

How Does the Child Get a Passport If Acquisition of Citizenship Is under INA Section 320?
All passport applicants must prove both U.S. citizenship and identity to be issued a U.S. passport. For applicants claiming acquisition of U.S. citizenship pursuant to INA Section 320, the following evidence is required:

 

*A Certificate of Citizenship issued by USCIS (This will also suffice to establish U.S. citizenship if acquisition is under INA 322, discussed below.)
If the child has not been issued a Certificate of Citizenship by USCIS, the passport application must include the following proof of acquisition of citizenship under the INA Section 320:


*Proof of the child's relationship to the U.S. citizen parent. For the biological child of the U.S. citizen this will usually be a certified copy of the foreign birth certificate (and translation if not in English). In circumstances where it is not clear that the birth certificate is adequate proof of a biological relationship between the child and the U.S. citizen parent, other types of evidence, including medical and/or DNA tests, may be requested. For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);


*Proof that the child is residing or has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) pursuant to a lawful admission for permanent residence. The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or “green” card will establish lawful admission for permanent residence, but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3). Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested;


*Proof that the child is or was under the age of 18 when all conditions are met.


*Passport application, passport photograph and fees. Go to Passport Services for forms and full instructions. 

 
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