My adopted son is a green card holder, when can he get US Citizenship?

[medic5678 12]

13 minutes ago, SusieQQQ said:

This is absolutely not true! My daughter got her certificate of citizenship after her passport, and her passport copy was one of the things they asked us to upload so they certainly knew she had it. Passports are issued by DoS, certificate  of citizenship by USCIS, and you can certainly get the latter after the former. You can use whatever reasons you prefer not to have both, that’s your prerogative, but please don’t state falsehoods as fact here.

I misread it.  You certainly can file an N-600 if you have a passport.  You're just not required to.  So my mistake.  Nobody is attempting to state falsehoods as fact.  I am gong to leave you to your little club here.  Apparently, you live here 24/7.  Enjoy!

[SusieQQQ 11,586]

Some interesting stuff out there.

 

1. USCIS can request DoS to revoke a passport if it comes across it being used (I guess, as evidence of citizenship) and believes it was issued in error. DoS on the other hand cannot request USCIS to revoke certificates of naturalization or citizenship. 
 

2. Possibly more interesting is this: According to the State Department and the Second Circuit, passports and CRBAs do not serve as conclusive proof of U.S. citizenship on their own……Certificates of naturalization and citizenship, the court noted, could be used as conclusive evidence of citizenship, because they are evidence that the Attorney General had determined a person was a citizen. 
 https://proceedings.nyumootcourt.org/2016/09/so-you-think-youre-a-citizen-how-a-united-states-citizen-can-be-stripped-of-his-citizenship/ fair bit of discussion in the document - there is disagreement among the circuits on the proof that the passport offers - but it is definitely not as cut and dried as a uscis certificate of naturalization/citizenship.

 

 

Edited August 2, 2021 by SusieQQQ

[medic5678 12]

We finally got our real, honest to goodness U.S. Passport for my adopted child.   Only took 7 months and 3 days.  My advice to anyone is the day your adoption is finalized, submit your child's passport application.  That would have saved me a lot of trouble had I done that.  When citizenship is involved, the passport goes through a different channel.  It's not like you're applying for an expedited passport and can expect it in 6 weeks.  Getting your adopted child's passport is essentially a recognition of citizenship by the U.S. Department of State.  It will not be quick.

 

I have filed for early retirement and the S.S. Administration demands the passport for my child's benefits application in order to prove citizenship.  Whether or not that's correct, that's what Social Security case worker told me I would need.  I can only go by my experience.   So now I have it and as soon as I get all of our other documents back from the U.S. Passport Agency (they said 10 business days), I'll have everything filed.  The SS Administration also  wants her adoption papers, birth certificate, our marriage license,  etc... everything must be an original document.

[medic5678 12]

This is straight from the horse's mouth, in my child's passport package.  I defy anyone to tell me that a passport is not a full recognition of U.S. Citizenship.  The Certificate of Citizenship is simply not needed.   I bought my child $500 worth of Fantom crypto instead of wasting money on this.  It's now worth about $1100.     When it's worth 10k, this would still be money wasted on something totally unneeded.  

 

 

 

Edited October 26, 2021 by medic5678

[TVC 244]

Well I finally got around to applying for my son's passport today. Hopefully it will be granted and we never need the certification of citizenship. 
 

we submitted:

the application 

copy of wife and sons green cards

copy of my US PASSPORT 

copy of marriage certificate 

copy and original adoption decree

copy and original certificate of foreign birth (this actually states it is not proof of citizenship)

 

The postal worker was very skeptical at first but eventually after reading a lot of regulations agreed he should be issued a US PASSPORT.

 

I will keep this thread updated in the following months when we get a response.

Edited November 24, 2021 by TVC

[TVC 244]

Going to be the beginning of February probably.

 

peugeot 308 0 60

[TVC 244]

Guess what guys

 

[TVC 244]

So I guess this means the Department of State considers any adopted child by a US Citizen to automatically be a US Citizen themselves also without a need for further proof of citizenship.

 

couple of things

 

He has only been living with me in the USA since September 2020. Not for 2 full years. However I lived with them for many years in the Philippines before this.

 

Also his last name on his Social Security card has not yet been updated to his new last name. Apparently this doesn't matter.

Edited December 20, 2021 by TVC

[TVC 244]

Is there anyway this could speed up citizenship for my wife as she is the biological mother of 2 US citizen children now? Or we still need to wait 3 years from when she entered the USA?

Edited December 20, 2021 by TVC

[Mike E 11,739]

1 hour ago, TVC said:

Is there anyway this could speed up citizenship for my wife as she is the biological mother of 2 US citizen children now? Or we still need to wait 3 years from when she entered the USA?

No speed up sorry.  

[thewaitingame 34]

8 hours ago, TVC said:

So I guess this means the Department of State considers any adopted child by a US Citizen to automatically be a US Citizen themselves also without a need for further proof of citizenship.

 

couple of things

 

He has only been living with me in the USA since September 2020. Not for 2 full years. However I lived with them for many years in the Philippines before this.

 

Also his last name on his Social Security card has not yet been updated to his new last name. Apparently this doesn't matter.

Just to clarify here, The 2 years requirement is only for obtaining the green card for international adoption to get a green card, they are your step child so it's irrelevant.

 

After they entered the US and obtained the green card, the Child Citizenship Act of 2000 comes play. https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

[TVC 244]

Just got his passport in the mail!

[TVC 244]

USCIS sent us a letter demanding his green card as he no longer needs it "because he is now a US Citizen with a US Passport". So USCIS fully adheres to the decision of the DOS.

[Mike E 11,739]

3 hours ago, TVC said:

USCIS sent us a letter demanding his green card as he no longer needs it "because he is now a US Citizen with a US Passport". So USCIS fully adheres to the decision of the DOS.

DoS didn’t keep his green card?

[Elphaba 3]

On 8/2/2021 at 1:31 PM, SusieQQQ said:

There have also been cases reported here where people trying to sponsor new immigrants have lost their passports years back and struggle to find the proof of their citizenship years after the fact. A certificate of citizenship even if lost is always on file at uscis and you can get an easy replacement that way.

FYI, it seems evidence of citizenship sent to DoS is also kept on file, and you can request a copy via FOIA.

 

See https://travel.state.gov/content/travel/en/passports/have-passport/passport-records.html

 

From: https://foia.state.gov/request/guide.aspx

 

Quote

Passport Services maintains United States passport records which may consist of passport applications and supporting evidence of United States citizenship

 

Edited February 10, 2022 by Elphaba