Passport application for child of USC born abroad (DS-5507 form)

[returningCitizen 1]

Hi all. I have a question to ask here.

 

Background.  I am a natural born USC and is residing in the USA right now. My kids were born overseas . Since I cannot transfer my citizenship (via CRBA) due to me not fulfilling the 5 years in the USA requirement, the kids would have to go through INA-320 to gain citizenship - I am following this act.

My kids already got their Permanent Residency status, and are residing with me (and my spouse), (one has physical 10 year GC. the other has I 551 stamp on the IR2 visa in the passport - no GC got issued as we did not pay for the GC fee). 

 

My spouse and I (we live together as a married couple here in the USA) went to the local post office and applied for the kids passport. 

 

The elder kid (the one with physical GC) already received the US passport via mail and we got our original documents back along with the passport (minus the GC as DoS kept it).

 

The second kid, i got an email with the attached PDF letter (named and addressed to the my kid).

 

 

 

1st part: i will have to submit my kids foreign passport that has IR2 visa which has the Port of Entry stamp (I-551) 

2nd part: It did not say specifically about DS-5507 (and nothing else were attached to the email+pdf)  but at the end of the PDF letter, it says DS-5507 and i googled the form, found one from DoS website  (and the current one expires end of the month!!) , so i assumed that this is the form i need to fill out to get the 2nd child's passport. 

 

https://eforms.state.gov/Forms/ds5507.PDF 
 

Now the issue i am facing: in the DS 5507, there is this section: 

Quote

 

Part III of the document must be signed before a Consular Officer, Passport Specialist, or designated Consular/Acceptance Agent at the time the oath is sworn.

 

WARNING: False statements made knowingly and willfully in applications for citizenship documentation or affidavits and other supporting documents are punishable by fine and/or imprisonment under the provisions of 18 USC 1001 and other applicable criminal statutes.

A U.S. Consular Officer or Passport Specialist may require additional evidence of one's blood relationship to one's child and/or evidence of one's physical presence or residence in the United States.

 

 

1. Would a USPS office that deals with passport application, be able to handle this? (the one that we went to before when we made the initial application)? Is that considered NOTARIZED? 

 

Though it is also odd that natural born USC need to prove this (i understand naturalized citizen requirement - on INA 320, it didn't say that the USC needs to proof residency PRIOR to the birth - unless it is for CRBA requirement)

 

Also, the elder child was also in the same boat BUT the application went through just fine. 

 

2. Would rough estimate would do? like it happened so long ago that i forgot the exact date of each location 

 

3. if i submit the form this week, what would happen if the form expires before DoS receives it?

 

Edited April 23, 2019 by returningCitizen

[GreenGem 58]

24 minutes ago, returningCitizen said:

Hi all. I have a question to ask here.

 

Background.  I am a natural born USC and is residing in the USA right now. My kids were born overseas . Since I cannot transfer my citizenship (via CRBA) due to me not fulfilling the 5 years in the USA requirement, the kids would have to go through INA-320 to gain citizenship - I am following this act.

My kids already got their Permanent Residency status, and are residing with me (and my spouse), (one has physical 10 year GC. the other has I 551 stamp on the IR2 visa in the passport - no GC got issued as we did not pay for the GC fee). 

 

My spouse and I (we live together as a married couple here in the USA) went to the local post office and applied for the kids passport. 

 

The elder kid (the one with physical GC) already received the US passport via mail and we got our original documents back along with the passport (minus the GC as DoS kept it).

 

The second kid, i got an email with the attached PDF letter (named and addressed to the my kid).

 

 

 

1st part: i will have to submit my kids foreign passport that has IR2 visa which has the Port of Entry stamp (I-551) 

2nd part: It did not say specifically about DS-5507 (and nothing else were attached to the email+pdf)  but at the end of the PDF letter, it says DS-5507 and i googled the form, found one from DoS website  (and the current one expires end of the month!!) , so i assumed that this is the form i need to fill out to get the 2nd child's passport. 

 

https://eforms.state.gov/Forms/ds5507.PDF 
 

Now the issue i am facing: in the DS 5507, there is this section: 

 

1. Would a USPS office that deals with passport application, be able to handle this? (the one that we went to before when we made the initial application)? Is that considered NOTARIZED? 

 

Though it is also odd that natural born USC need to prove this (i understand naturalized citizen requirement - on INA 320, it didn't say that the USC needs to proof residency PRIOR to the birth - unless it is for CRBA requirement)

 

Also, the elder child was also in the same boat BUT the application went through just fine. 

 

2. Would rough estimate would do? like it happened so long ago that i forgot the exact date of each location 

 

3. if i submit the form this week, what would happen if the form expires before DoS receives it?

 

It is clear in the letter from the Passport Agency that you either submit the original passport with the I-551 Stamp "OR" a DS-5507. 

 

26 minutes ago, returningCitizen said:

1. Would a USPS office that deals with passport application, be able to handle this? (the one that we went to before when we made the initial application)? Is that considered NOTARIZED? 

 

Though it is also odd that natural born USC need to prove this (i understand naturalized citizen requirement - on INA 320, it didn't say that the USC needs to proof residency PRIOR to the birth - unless it is for CRBA requirement)

 

Also, the elder child was also in the same boat BUT the application went through just fine.

A simple statement from you regarding residences would suffice and have it notarized. Was the second child's birth certificate registered late or perhaps you were not in the country where the child was born at the time of the birth.

[GreenGem 58]

31 minutes ago, returningCitizen said:

Would rough estimate would do? like it happened so long ago that i forgot the exact date of each location

Use the stamps in your passport for reference. 

[returningCitizen 1]

9 minutes ago, GreenGem said:

It is clear in the letter from the Passport Agency that you either submit the original passport with the I-551 Stamp "OR" a DS-5507. 

 

A simple statement from you regarding residences would suffice and have it notarized. Was the second child's birth certificate registered late or perhaps you were not in the country where the child was born at the time of the birth.

No, the child was registered with the country of birth immediately after birth (the birth certificate was a foreign one , as the child has another citizenship  - but i had included the translated version of the birth cert). I gave birth to the child so i was definitely there    

the letter said ALSO, (not OR) so i assumed i have to send both. 

 

Aha, could it be that DoS is not sure which legal route i am using (either CRBA - or INA 320) for claiming the citizenship for this 2nd child? Maybe, just Maybe, the USPS Passport office that i went to, failed to provide I-551 copy along with the application - hence DoS is curious if the child was USC by birth (transferred automatically) or  transfer after birth via INA320 (still for a child with IR2 visa, that issue is answered automatically).

 

You feel i should just draft a simple letter along with this DS-5507 form  and have both notarized? 

 

Would USPS passport office be able to do this too (it is closer to home so i prefer to use the service here).

[returningCitizen 1]

19 minutes ago, GreenGem said:

Use the stamps in your passport for reference. 

i was included in my parent's passport after my birth in the USA years ago - and my parents moved to a different US state prior to leaving the USA for good - i might know the exact date my parents left the USA (if i can read the date in the stamp in their passports). But the dates they stayed at each location (after i was born, bringing me along to each location), i cannot be certain of. 

Edited April 23, 2019 by returningCitizen

[GreenGem 58]

1 minute ago, returningCitizen said:

Aha, could it be that DoS is not sure which legal route i am using (either CRBA - or INA 320) for claiming the citizenship for this 2nd child? Maybe, just Maybe, the USPS Passport office that i went to, failed to provide I-551 copy along with the application - hence DoS is curious if the child was USC by birth (transferred automatically) or  transfer after birth via INA320 (still for a child with IR2 visa, that issue is answered automatically).

Lol. I assumed you we're the father. My apologies. Can be that they are thinking you are doing the CRBA instead of the INA 320. You need to submit the original passport not a copy. We sent my son's original foreign passport, they'll return it later. It was a lot of hassle handling this because my son was registered late and his dad was the USC. 

 

5 minutes ago, returningCitizen said:

You feel i should just draft a simple letter along with this DS-5507 form  and have both notarized? 

 

Would USPS passport office be able to do this too (it is closer to home so i prefer to use the service here).

It won't hurt to do a draft letter and fill in the DS-5507 as well. Yes if the USPS is closer to you then no need to go look further. Best of luck!

[GreenGem 58]

8 minutes ago, returningCitizen said:

i was included in my parent's passport after my birth in the USA years ago - and my parents moved to a different US state prior to leaving the USA for good - i might know the exact date my parents left the USA (if i can read the date in the stamp in their passports). But the dates they stayed at each location (after i was born, bringing me along to each location), i cannot be certain of. 

You can mention this in the statement and just provide supporting evidence like your school records or your parent's employment records. As well as your employment records before and after your second child's birth. I think the reason why there's much more scrutiny with the second child is because there's no actual permanent resident card for him unlike your eldest who has one.

Edited April 23, 2019 by GreenGem

[returningCitizen 1]

Alrighty, thank you for the pointers @GreenGem! i will see if i can get the stuff ready ASAP. 

[TBoneTX 45,329]

Thread is shifted from the US Citizenship main forum to the "Passports, etc." subforum.