child citizenship act Passport application for child, DNA test required?

[nasa2016 10]

Hi everyone and Happy New 2018

 

I am a US citizen by birth, but I grew up in Sweden. After a 13 month IR1 process to get my Swedish wife and 11 year old son here to me in CA they finally got their IR1 approved and entered the US on May 11, 2017.

 

My son did not qualify to be a US citizen at birth, because I had not spent enough time in the US. However, I knew about the Child Citizenship Act of 2000 and that as long as he was approved to immigrate, once he became an LPR he would also become a US citizen).

 

By October I figured it would be good to have a passport for my son, and scheduled an appointment at local USPS office on November 3. I am now two months and three letters back and forth into the process (first I hadn't submitted my original proof of citizenship - I don't understand why the post office clerk didn't catch that, but no worries, I sent it in. Then I had to explain that I didn't need to fill out DS-5507 since I was claiming citizenship by the child citizenship act, not by birth for my son, etc etc). I'm now down to one final request from the passport administration, they are claiming that they either need "early public records issued at or near the time of birth" or a DNA test that proves that I am the father. I have provided them with the Swedish birth certificate (which clearly states that I am the father and that my wife is the mother) - but since all records in Sweden are kept electronically the date on it is the date of when it was printed (July 2017).

 

It is really frustrating that the Dept of State already accepted me as the father by allowing my son to immigrate - and now I have to prove it again (by spending hundreds of dollars on a DNA test)?!

 

Now I'm debating whether I should send them pretty much all the documentation provided to the USCIS/NVC (I had family photos etc) or just get the DNA test and be done with it. Has anyone run into the same issue? Any advice? Any recommendation on DNA testers in northern California / the Bay Area? Did anyone go the route of applying for a certificate of citizenship first - would that have been easier?

 

Thanks,

 

/S

[za3bour 2]

Well I am currently going through the same process it's really strange. My wife is an american citizen, we immigrated to the USA back in July 2017 and we're currently in California. Kids are already at school and my wife is working.

 

She didnt live in the USA as an adult, she left USA when she was 5 years old and only came for few weeks until July 2017.

 

We submitted our papers for the two kids to get the US passports and they have sent back (after 3 weeks) asking for a bunch of documents plus the DS-5507 form. I also need an advice on what we need to do. What's really strange is that her sister is in the exact same situation and they submitted passports for their kids (one year before us and got them in Portland/OR).

 

my thoughts to you is to give them the DNA since this is the only thing they requested. 

[nasa2016 10]

Hi @za3bour

 

It seems rather random what they ask for. I wrote back saying that the DS-5507 is to (which it says on the form itself) "determine if a U.S. citizen/national parent(s) has met the statutory physical presence or residence requirements to transmit U.S. citizenship to his/her child born abroad.." and that I don't meet these requirements (but that I am instead claiming citizenship through the Child Citizenship Act). That did the trick, they let go of the DS-5507. So I'd advise on reading up and writing back to them.

 

Unfortunately for me, they are still stuck on one issue (just got another reply from them the other day). They still don't like the Swedish birth certificate, so it seems I will have to pay to do the DNA testing :-(

 

Good luck!

 

/S

[za3bour 2]

On 2/1/2018 at 9:22 PM, nasa2016 said:

Hi @za3bour

 

It seems rather random what they ask for. I wrote back saying that the DS-5507 is to (which it says on the form itself) "determine if a U.S. citizen/national parent(s) has met the statutory physical presence or residence requirements to transmit U.S. citizenship to his/her child born abroad.." and that I don't meet these requirements (but that I am instead claiming citizenship through the Child Citizenship Act). That did the trick, they let go of the DS-5507. So I'd advise on reading up and writing back to them.

 

Unfortunately for me, they are still stuck on one issue (just got another reply from them the other day). They still don't like the Swedish birth certificate, so it seems I will have to pay to do the DNA testing :-(

 

Good luck!

 

/S

Thanks a lot 

 

Yea we did that and thank God they got the citizenship. Good luck to you