my child’s first passport (ir2)

[PJseo 1]

Hello, 

I am usc but my residence years didn’t meet the requirement for my son’s citizenship outside the us. So we applied for i-130 and he entered the us with immigrant visa(ir2). As soon as he received his GC, I applied for his us passport back in January. As he was born outside the us, I had to submit secondary evidence of his citizenship (foreign birth certificate and family relationship evidence....). I was requested to send them more supporting documents in August and I sent them a few weeks later. Since then, I haven’t heard anything from the office. I have sent a coule of more letters to ask them to review my application. According to Passport threads here, it seems to take up to 12 weeks to get a new passport. It has been already 15weeks since I submitted the supporting documents. Can it be denied? I am so worried that they even don’t look at my case. My birth certificate and my son’s GC are all on them. 

 

Is there anything I can do? Is it better to withdraw the case and start from the beginning? 

[Pinkrlion 2,717]

If he didn't qualify for CRBA, then how does he qualify for Citizenship while in the US?

[PJseo 1]

 

4 minutes ago, Pinkrlion said:

If he didn't qualify for CRBA, then how does he qualify for Citizenship while in the US?

Under INA 320, he automatically becomes a USC.

 

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:^[2]

• The child has at least one parent, including an adoptive parent^[3] who is a U.S. citizen by birth or through naturalization;

• The child is under 18 years of age;

• The child is a lawful permanent resident (LPR);^[4] and

• The child is residing^[5] in the United States in the legal and physical custody of the U.S. citizen parent.^[6]

 

[Timona 4,207]

Were you a USC at the time of his birth?

[PJseo 1]

52 minutes ago, Timona said:

Were you a USC at the time of his birth?

 

Yes, I was. I was born in the US.

[Timona 4,207]

No idea about this one. I am confused. I will letter the experienced members chime in.

[HRQX 4,145]

10 hours ago, Pinkrlion said:

then how does he qualify for Citizenship while in the US?

INA 320(a):

Quote

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

 

11 hours ago, PJseo said:

Is there anything I can do?

Have you tried calling them?

[SusieQQQ 11,586]

11 hours ago, PJseo said:

Hello, 

I am usc but my residence years didn’t meet the requirement for my son’s citizenship outside the us. So we applied for i-130 and he entered the us with immigrant visa(ir2). As soon as he received his GC, I applied for his us passport back in January. As he was born outside the us, I had to submit secondary evidence of his citizenship (foreign birth certificate and family relationship evidence....). I was requested to send them more supporting documents in August and I sent them a few weeks later. Since then, I haven’t heard anything from the office. I have sent a coule of more letters to ask them to review my application. According to Passport threads here, it seems to take up to 12 weeks to get a new passport. It has been already 15weeks since I submitted the supporting documents. Can it be denied? I am so worried that they even don’t look at my case. My birth certificate and my son’s GC are all on them. 

 

Is there anything I can do? Is it better to withdraw the case and start from the beginning? 

How can you withdraw the case and start again when you’ve already sent them the required documentation and you no longer have it? What does the online application status web page say? I’d suggest you call them and ask them so you can at least know if it is Covid delays, or something else that is the issue. It can definitely take longer than usual when supporting evidence needs to be sent in, my daughter’s passport took about 6 weeks longer than mine did because we got an RFE for her, and that was pre-Covid. 

[aaron2020 11,651]

OP was born in the US and is a US citizen.

 

OP does not meet the 5 years residency requirement (2 years of which must be after age 14) to automatically pass on US citizenship to his child born abroad.

OP had to file an I-130 to petition his child (IR-2), and his child entered on an immigrant visa to get his green card.

Under the Child Citizenship Act, the child meets the 4 requirements to automatically be a US citizen.

OP has filed for his child's US passport.  It has been 15 weeks, and he is concern that there is a problem.

_________________

 

PJseo,

 

No reason to deny a US passport to your child as long as you sent in proof of meeting the 4 requirements of the CCA.  In the age of COVID, don't expect things to run smoothly.  

Contact USCIS and ask about the status of your child's US passport application.  https://travel.state.gov/content/travel/en/contact-us/passports.html

Best of luck.

[HRQX 4,145]

2 minutes ago, aaron2020 said:

Contact USCIS

*DOS NPIC

[aaron2020 11,651]

2 minutes ago, HRQX said:

*DOS NPIC

Thanks for the correction.  

[PJseo 1]

17 hours ago, HRQX said:

INA 320(a):

 

Have you tried calling them?

Over 10 times.. What I was told was that my application is being reviewed and it can take "forever". 

[PJseo 1]

15 hours ago, aaron2020 said:

OP was born in the US and is a US citizen.

 

OP does not meet the 5 years residency requirement (2 years of which must be after age 14) to automatically pass on US citizenship to his child born abroad.

OP had to file an I-130 to petition his child (IR-2), and his child entered on an immigrant visa to get his green card.

Under the Child Citizenship Act, the child meets the 4 requirements to automatically be a US citizen.

OP has filed for his child's US passport.  It has been 15 weeks, and he is concern that there is a problem.

_________________

 

PJseo,

 

No reason to deny a US passport to your child as long as you sent in proof of meeting the 4 requirements of the CCA.  In the age of COVID, don't expect things to run smoothly.  

Contact USCIS and ask about the status of your child's US passport application.  https://travel.state.gov/content/travel/en/contact-us/passports.html

Best of luck.

 

Thanks. I think if something is missing they would have sent me a RFE letter. 

[PJseo 1]

17 hours ago, SusieQQQ said:

How can you withdraw the case and start again when you’ve already sent them the required documentation and you no longer have it? What does the online application status web page say? I’d suggest you call them and ask them so you can at least know if it is Covid delays, or something else that is the issue. It can definitely take longer than usual when supporting evidence needs to be sent in, my daughter’s passport took about 6 weeks longer than mine did because we got an RFE for her, and that was pre-Covid. 

Hello SusieQQQ

Firstly, I called them several times and I was told that they seemed to obtain all necessary documents in August. But since then, nothing has been progressed. Also, I asked about withdrawl.. If I want to drop the case, I need to send a letter to passport agency saying that I want to withdraw and get my documents back. I understand everything is taking longer under COVID situation. I may need to forget about it and move on.... Thanks!

[Liam2021 583]

16 minutes ago, PJseo said:

Hello SusieQQQ

Firstly, I called them several times and I was told that they seemed to obtain all necessary documents in August. But since then, nothing has been progressed. Also, I asked about withdrawl.. If I want to drop the case, I need to send a letter to passport agency saying that I want to withdraw and get my documents back. I understand everything is taking longer under COVID situation. I may need to forget about it and move on.... Thanks!

There is no reason to withdraw. DOS already have all documents they need. It just a matter of time for someone actually open the file, review, and approve it. Nothing is fast when dealing with government during this pandemic.