Can I get a US passport with immigrant visa ?

[Seowmi 2]

My son arrived in the country almost a month ago with an immigrant visa and am a us citizen. My son has been enrolled in one of the Elemantary schools in my city. My question is can I apply a US passport for him with his immigrant visa since I don’t know when the actual green card will be in the mail ?

[Unlockable 7,314]

15 minutes ago, Seowmi said:

My son arrived in the country almost a month ago with an immigrant visa and am a us citizen. My son has been enrolled in one of the Elemantary schools in my city. My question is can I apply a US passport for him with his immigrant visa since I don’t know when the actual green card will be in the mail ?

No.

 

Only US citizens get US passports. Your son is not a US citizen so he can not get a US passport.

[xyz12345 260]

Your child's immigrant visa is not valid anymore but when endorsed, it serves as an I-551 visa entry stamp in the foreign passport and GC evidence for 1 year. According to the following, there is no need to wait for a physical GC.

https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html

 

 

U.S. Citizenship through Naturalization of a Parent

 

If you were born outside the United States and acquired U.S. citizenship through the naturalization of your parent(s), please submit the following with your passport application:

• Your foreign birth certificate listing your parent(s)
• Your parent(s)’ naturalization certificate
• Evidence of your permanent residence status. Examples include:
  • Permanent Resident Card/Green Card
  • Foreign passport with the original I-551 visa entry stamp
• Your parents' marriage certificate (if your parents were married when you legally entered the U.S. and before your 18th birthday) 
• Documentation of legal custody (if your parents were not married when you legally entered the U.S.)
• Evidence of your legitimation (if your parents were not married at the time of your birth). Examples include:
  • Your parents' marriage certificate dated after your birth
  • Certified court order of legitimation 

Edited July 23, 2021 by xyz12345

[Chancy 6,241]

1 hour ago, Seowmi said:

My son arrived in the country almost a month ago with an immigrant visa and am a us citizen.

 

Is your son your biological or adopted child, not your step-child?  If so, then yes, you may apply for his US passport using his immigrant visa with CBP entry stamp as proof of his LPR status.  No need to wait for the plastic green card.

 

[Chancy 6,241]

1 hour ago, Unlockable said:

Your son is not a US citizen so he can not get a US passport.

 

OP's son could be a US citizen by virtue of INA 320.  Need clarification from OP if the child is their biological/adopted child.

 

"Only children residing in the United States are eligible to automatically acquire U.S. citizenship under Section 320 of the Immigration and Nationality Act. If your child automatically acquired U.S. citizenship pursuant to this Section, he or she may obtain a certificate of citizenship from U.S. Citizenship and Immigration Services (USCIS) or apply for a U.S. passport from the U.S. Department of State." -- https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

 

[Unlockable 7,314]

1 hour ago, Chancy said:

 

OP's son could be a US citizen by virtue of INA 320.  Need clarification from OP if the child is their biological/adopted child.

 

"Only children residing in the United States are eligible to automatically acquire U.S. citizenship under Section 320 of the Immigration and Nationality Act. If your child automatically acquired U.S. citizenship pursuant to this Section, he or she may obtain a certificate of citizenship from U.S. Citizenship and Immigration Services (USCIS) or apply for a U.S. passport from the U.S. Department of State." -- https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

 

Ah, yes. That is true. 

[nastra30 2,287]

4 hours ago, Seowmi said:

My son arrived in the country almost a month ago with an immigrant visa and am a us citizen. My son has been enrolled in one of the Elemantary schools in my city. My question is can I apply a US passport for him with his immigrant visa since I don’t know when the actual green card will be in the mail ?

Yes, it's possible your son acquired US citizenship the day he touched down in the US because you transferred your citizenship onto him.
 

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). 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 Feb. 27, 2001:

 

• The child has at least one parent, including an adoptive parent, 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); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

 

If he's your biological/adopted son and has been living in your custody since he arrived in the US, you can apply for a US passport directly for him without waiting your his physical greencard (Use his Foreign passport with the original I-551 visa entry stamp as evidence of his LPR status)

Additionally, filing form N-600 is not really necessary. But if you can afford it and want additional document proving his citizenship, then you can also apply for certificate of citizenship (using N-600).

 

[Seowmi 2]

He’s my biological son and am a US citizen. The mom is not in the country and am here in the state with him alone . Can it be also a problem? Thanks guys 

[Timona 4,207]

Self- delete

Edited July 23, 2021 by Timona

[nastra30 2,287]

25 minutes ago, Seowmi said:

He’s my biological son and am a US citizen. The mom is not in the country and am here in the state with him alone . Can it be also a problem? Thanks guys 

If under age 16, mom will have to complete Form DS-3053 Statement of Consent, and have it notarized. 

[Seowmi 2]

Can the form you mentioned above can be filled outside the country or the step mother can do it on her behalf?

[nastra30 2,287]

16 minutes ago, Seowmi said:

Can the form you mentioned above can be filled outside the country or the step mother can do it on her behalf?

Yes, it can be filled and notarized outside the country. For Ghana, I believe the mom can have it notarized at the US Embassy in Accra.

If biological mom has joint custody of your son, she has to have that form notarized; the step-mom can't notarize the form nor attend the passport appointment with you.

[Ed&Midori1031 330]

7 hours ago, Seowmi said:

My son arrived in the country almost a month ago with an immigrant visa and am a us citizen. My son has been enrolled in one of the Elemantary schools in my city. My question is can I apply a US passport for him with his immigrant visa since I don’t know when the actual green card will be in the mail ?

Unfortunately, only U.S. citizens can get a U.S. passport. 

[nastra30 2,287]

12 minutes ago, Ed&Midori1031 said:

Unfortunately, only U.S. citizens can get a U.S. passport. 

Op's son is now a US citizen so fortunately for him he can get a US passport.

[Chancy 6,241]

1 hour ago, Seowmi said:

He’s my biological son and am a US citizen. The mom is not in the country and am here in the state with him alone .

 

Thanks for the clarification.  Do you have a document, like a court order or divorce decree, that states you have sole legal custody of your child?  If so, no need for consent from the biological mom.  If you have no such document, or you actually have joint custody, then you will need a notarized DS-3053 from the mom.  Details here -- https://travel.state.gov/content/travel/en/passports/need-passport/under-16.html