IR2 Visa - Is it for Green Card or Citizenship

[AAnil 4]

As per the U.S. Child Citizenship Act (CCA), the beneficiary (IR2 visa) would become a citizen after entering the United States. It turns out that after the IR2 visa is approved, one needs to pay for the Green Card fees. If the CCA act indeed is about becoming a citizen upon entering the US, then I do not understand the need to pay to become a permanent resident (Green Card).  Could someone help me understand why one needs to go pay for the Green Card if they are going to considered for automatic US Citizenship (after entering the US).

 

Thank you.

 

Anil

[arken 4,197]

Yes, no need to pay for GC fee for cases like yours.

[Mike E 11,739]

Agreed no need to pay but it is critical you immediately apply for a passport and passport card for the new citizen while the evidence trail is warm.  And then do the same for the N-600.  

[AAnil 4]

Not paying would be against what has been communicated to me after the IR2 interview. What would be my basis for not paying? Is there any link on USCIS that says IR2 does not have to pay. As far as what I see on the USCIS portal, all it says is
You do not have to pay the USCIS Immigrant Fee for:

Children who enter the United States under the orphan or Hague adoption programs;
Iraqi and Afghan special immigrants;
Returning lawful permanent residents (SB-1s); and
K nonimmigrants

Here's my educated guess. Since IR2 is for under 18 years of age, maybe an IR2 in itself does not imply the beneficiary would want to become an US Citizen. Therefore, you need to get a Green Card. And if the IR2 decides to be a US Citizen, they he or she applies for a US passport and/or N600. 

HOWEVER, if the IR2 is clear that he would want to become a US citizen after entering the US, then I don't see the need for the Green Card.  Again, this is just my reading or educated guess of the implications of U.S. Child Citizenship Act (CCA) on IR2. Now what would be really good is if there was a more sound way to confirm what I am thinking it might be. I would appreciate it if someone can direct me to an authentic source.

Thanks.

 

Anil

 

[milimelo 4,481]

You’re overthinking it. There’s no need to pay for production of green card (that’s what you’re paying for) when you’ll use your stamped immigrant visa and USC parent details to apply for US passport. 
 

But if you have money laying around and want to pay for something they’ll then contact you to return once US passport is issued, go right ahead. 

[Mike E 11,739]

Even people who won’t automatically acquire citizenship sometimes don’t bother  to pay, for one or more of these reasons:

 

* they don’t know they have to

 

* they don’t have the money 

 

* they don’t have an acceptable method of payment 

 

* they are too busy preparing to move and know they can deal with this in the USA. 
 

* they know their address in the USA will soon change and know that address changes are a cluster with USCIS. 

 

* they don’t care: the endorsed visa is all they need as they don’t plan to work, get state ID, etc. 

 

* they don’t care as they they don’t plan to work until they naturalize 

 

* they would just be getting a 2 year green card and figure it’s a waste of money given processing times. Just file I-751 when the time comes. 
 

* they are or will be eligible for accelerated I-751 (petitioning spouse died or is terminally ill, married to military or federal worker who is deployed overseas, others?)

 

* they plan to join the military and will get accelerated naturalization 

 

I’m sure there are others. Given the hassles of USCIS and that getting a physical green is increasingly   a gamble, if we did the process over again and went for CR-1 vs K-1 we’d probably prefer to spend the green card fee on a nice steak and lobster dinner. 

[neilsqueen 433]

You do not need to pay the fee as the child is a citizen upon landing on US soil. As said, get the US passport ASAP to prove citizenship. There is no need to do the N600 as the passport proves citizenship. We did this for my stepdaughter December 2020 and now doing for my stepson. Best wishes!

[AAnil 4]

One of the documents for US passport is the proof of Citizenship. What did you provide as proof of citizenship for the IR2 beneficiary?

Thanks.

 

Anil 

[Chancy 6,241]

2 hours ago, AAnil said:

What did you provide as proof of citizenship for the IR2 beneficiary?

1. IR2 visa with CBP entry stamp
2. Biological/adoptive parent's proof of US citizenship
3. Foreign birth certificate or adoption papers, listing US citizen parent
4. Documentation that US citizen parent has legal and physical custody