Child US Passport Requiring Custody Statement

[Mounat02 63]

18 hours ago, SusieQQQ said:

I just checked, we submitted 11/13 and they emailed the letter on 12/11, so almost a month. The hard copy arrived a few days later.

Got it. Didn't know they would email it as well. Is that an email address you signed up with on the DoS website for checking status or the one submitted in DS-11 (box #6 in application form)?

 

5 hours ago, Keny said:

We submitted on Jan 28th, RFE arrived Feb 20th.  A little over 3 weeks.

 

Thanks.... I understand it is under the CCA now. I didn't read far enough into the regulation to see all the variations.

That RFE came quick. Please update on how long it takes to hear from DoS after you respond to the RFE.

[SusieQQQ 11,587]

1 hour ago, Mounat02 said:

Got it. Didn't know they would email it as well. Is that an email address you signed up with on the DoS website for checking status or the one submitted in DS-11 (box #6 in application form)?

 

 

Well it’s the same email address for both but I presume they use the one in the form.

[Ontarkie 14,304]

~~Moved to Passport, ect.., from US Citizenship Discussion~~

[Mounat02 63]

On 2/23/2020 at 2:30 PM, SusieQQQ said:

Well it’s the same email address for both but I presume they use the one in the form.

I received notification passport was approved/shipped tonight even though I put two different emails in the application and status website.

 

DoS had enough sense to send to both addresses.

 

Hallelujah.

[Keny 3]

I would like to summarize our experience of getting a passport for a 15 year old child under the CCA where one parent is a naturalized citizen.

If you do not have a Certificate of Citizenship then you will need to provide evidence that you have sole custody of the child if both parents are no longer married to each other or never have been.

This is a condition linked to the citizenship qualification and not the passport. You will not find this on any of the government websites. I did find this on an attorneys website after hours of researching this.  I post this so that you do not spend a lot of time and money just to have your passport denied if you are not prepared to provide this.  I know the rules change when they are 16 or 18 but I am assuming you will still need to provide this to prove they qualify for citizenship.

 

This is what the RFE will say....

 

 

This is our timeline...

Jan 28th, 2020 - Applied for passport

Feb 18th, 2020 - First RFE mailed out requesting Green Card and proof of sole custody.

Feb 24th, 2020 - Mailed Green Card (certified Mail) and original "Change of Residence" from birth father (translated) that was done when she moved to the US. I called  the National Passport Information Center to verify that this document would be sufficient and was told it would be.

Mar 10th, 2020 - Second RFE mailed out, second request for proof of sole custody

Mar 17th, 2020 - Mailed RFE back with explanation that I could not provide additional information at this time without a Trip to Brazil and to return all documents. I further stated that I was told that the "Change of Residence" that I provided was sufficient by the National Passport Information Center and that I also provided the DS3053 from the father in Brazil as outlined on their website. I also suggested that they include this information on their website because if we had known about it, we could have taken care of it when we were in Brazil for Christmas at the same time we did the DS3053.

Mar 25th, 2020 - Received email that the passport was being printed, second email that it had been shipped with tracking number

Mar 28th, 2020 - Received passport.

 

I am not sure what changed for them to issue the passport... my best guess is that the person handling the case checked further and determined that the "Change of Residence" was sufficient to prove sole custody.  We got lucky....

 

Hope this helps someone.... 

...this website has been a great resource through our whole immigration journey so posting anything that helps others is a privilege.

 

[SusieQQQ 11,587]

3 hours ago, Keny said:

you will need to provide evidence that you have sole custody of the child if both parents are no longer married to each other or never have been.

The extract from the RFE you show above does not say that. It says sole OR joint custody. You have to show physical and legal custody but it does not have to be “sole”.

[Ontarkie 14,304]

2 hours ago, SusieQQQ said:

The extract from the RFE you show above does not say that. It says sole OR joint custody. You have to show physical and legal custody but it does not have to be “sole”.

This, legal physical and legal custody is the key. Many ppl just get permission for the child to move but do not change their custody orders to reflect who the child is now living with. Some think if they change it it means the other parent does not have any rights anymore. For most countries that is further from the truth.

 

The reason you needed proof of sole custody is because you were applying for a passport without the other parents consent. 

[Keny 3]

1 minute ago, Ontarkie said:

This, legal physical and legal custody is the key. Many ppl just get permission for the child to move but do not change their custody orders to reflect who the child is now living with. Some think if they change it it means the other parent does not have any rights anymore. For most countries that is further from the truth.

 

The reason you needed proof of sole custody is because you were applying for a passport without the other parents consent. 

If you read my post you will see that we had the DS3053 which is permission of the other parent. The father had to have this notarized at a US consulate in Brazil because it is giving legal permission to apply for a passport. They had this document when they sent the first RFE.

Again my take is that it is all about proving that the child qualifies for citizenship via the parents naturalization. Kind of seems redundant if you have a green card.

[SusieQQQ 11,587]

3 hours ago, Keny said:

If you read my post you will see that we had the DS3053 which is permission of the other parent. The father had to have this notarized at a US consulate in Brazil because it is giving legal permission to apply for a passport. They had this document when they sent the first RFE.

Again my take is that it is all about proving that the child qualifies for citizenship via the parents naturalization. Kind of seems redundant if you have a green card.

Your post (the exact quote in my previous post)  said sole custody is required if not married to the other parent, but it is not in all cases - and I thought it important to highlight that rather than freak out people unnecessarily.  
The specifics of your case are exactly that - specific to your case - and do not justify a blanket statement that is not true for everyone. 
 

 

Edited March 29, 2020 by SusieQQQ

[frodo8404 2]

On 3/29/2020 at 7:14 AM, Keny said:

I would like to summarize our experience of getting a passport for a 15 year old child under the CCA where one parent is a naturalized citizen.

If you do not have a Certificate of Citizenship then you will need to provide evidence that you have sole custody of the child if both parents are no longer married to each other or never have been.

This is a condition linked to the citizenship qualification and not the passport. You will not find this on any of the government websites. I did find this on an attorneys website after hours of researching this.  I post this so that you do not spend a lot of time and money just to have your passport denied if you are not prepared to provide this.  I know the rules change when they are 16 or 18 but I am assuming you will still need to provide this to prove they qualify for citizenship.

 

This is what the RFE will say....

 

 

This is our timeline...

Jan 28th, 2020 - Applied for passport

Feb 18th, 2020 - First RFE mailed out requesting Green Card and proof of sole custody.

Feb 24th, 2020 - Mailed Green Card (certified Mail) and original "Change of Residence" from birth father (translated) that was done when she moved to the US. I called  the National Passport Information Center to verify that this document would be sufficient and was told it would be.

Mar 10th, 2020 - Second RFE mailed out, second request for proof of sole custody

Mar 17th, 2020 - Mailed RFE back with explanation that I could not provide additional information at this time without a Trip to Brazil and to return all documents. I further stated that I was told that the "Change of Residence" that I provided was sufficient by the National Passport Information Center and that I also provided the DS3053 from the father in Brazil as outlined on their website. I also suggested that they include this information on their website because if we had known about it, we could have taken care of it when we were in Brazil for Christmas at the same time we did the DS3053.

Mar 25th, 2020 - Received email that the passport was being printed, second email that it had been shipped with tracking number

Mar 28th, 2020 - Received passport.

 

I am not sure what changed for them to issue the passport... my best guess is that the person handling the case checked further and determined that the "Change of Residence" was sufficient to prove sole custody.  We got lucky....

 

Hope this helps someone.... 

...this website has been a great resource through our whole immigration journey so posting anything that helps others is a privilege.

 

Thank you for this post.  We are in the same situation you were on March 17.  They actually called and spoke to my wife and daughter and said they would consult their legal department for guidance.   I'm hoping that our outcome will be the same as yours.

 

A question:  My step daughter has turned 18 years old during all of this.  If I adopted her now, would that clear up her citizenship status?  I'm thinking of this as a backup plan if they won't give her a passport with the documents provided.

[SusieQQQ 11,587]

22 minutes ago, frodo8404 said:

 

 

A question:  My step daughter has turned 18 years old during all of this.  If I adopted her now, would that clear up her citizenship status?  I'm thinking of this as a backup plan if they won't give her a passport with the documents provided.

No, because she has already turned 18. The same INA rules apply.

[frodo8404 2]

On 6/9/2020 at 11:42 AM, SusieQQQ said:

No, because she has already turned 18. The same INA rules apply.

Thanks for the reply.

 

Update:  The passport agency called and spoke to my wife and daughter.  No help offered, but the call ended with "I'll have to get with our legal department, it will take a few weeks" so I can only hope they will relent in their request.  I wonder how many Chinese get divorced and don't have a custody agreement?  My wife said that in an uncontested divorce her paperwork is all you get.

[Mounat02 63]

5 hours ago, frodo8404 said:

Thanks for the reply.

 

Update:  The passport agency called and spoke to my wife and daughter.  No help offered, but the call ended with "I'll have to get with our legal department, it will take a few weeks" so I can only hope they will relent in their request.  I wonder how many Chinese get divorced and don't have a custody agreement?  My wife said that in an uncontested divorce her paperwork is all you get.

It's not just divorced Chinese who could lack custody agreements but many uncontested divorcees from other nationalities. Even more, many children are born to parents who never married and custody was never an issue until filing for passport here.

 

But it seems that there's some discretion on what the state department considers sufficient as proof of "sole custody." Eventually they will relent and give you the passport as the child is now over 18 and any custody issues are moot.

 

Good luck.

[SusieQQQ 11,587]

11 hours ago, Mounat02 said:

the child is now over 18 and any custody issues are moot.

While that may be true for immigration Issues in general, I’m not sure it’s moot here because custody prior to age 18 is a crucial element in deriving citizenship under INA320. I think it will need to be proven, or maybe (hopefully)  the passport agency will accept it as de facto under the circumstances...or it may be that the daughter ends up having to file n400 and go through the process herself. 

Edited June 12, 2020 by SusieQQQ

[frodo8404 2]

7 hours ago, SusieQQQ said:

While that may be true for immigration Issues in general, I’m not sure it’s moot here because custody prior to age 18 is a crucial element in deriving citizenship under INA320. I think it will need to be proven, or maybe (hopefully)  the passport agency will accept it as de facto under the circumstances...or it may be that the daughter ends up having to file n400 and go through the process herself. 

Wow, that would suck.  Another two years of waiting and now it's $1200 I think.  After going through all the immigration procedures to get to this part, that isn't right.  I understand that they wouldn't want to give a passport to a child that was taken from the custodial parent, but I don't understand the idea of not giving a passport to someone when they have a signed, translated document from the other parent granting permission to immigrate.  What country's law are they enforcing? 

Edited June 12, 2020 by frodo8404