DS-5507 form for child who entered on IR2 (split)

[Janna Reynoso 0]

Hello! I just got the same letter for my child!!! The DS-5507 How did you solved it? Is the usps officer able to sign ??? He doesn’t have the green card, he has the foreign passport with de I-551 Stamp that says he is a permanent resident.

also the letter asks for school records, medical records of my son, but he is only 3 years and for that doesn’t go to school or daycares , I take care for him 

he was admitted as ir2 visa permanent residence through his us citizen father so my husband doesnt have all the requirements for the 5 years physical presence 

[Ontarkie 14,216]

~~Post split from a Zombie thread. to get more updated replies.~~

[Mike E 11,739]

5 hours ago, Janna Reynoso said:

he was admitted as ir2 visa permanent residence through his us citizen father so my husband doesnt have all the requirements for the 5 years physical presence 

File for your son’s U.S. citizenship and passport card. Your evidence is your son’s passport, his birth certificate, his father’s U.S. birth certificate, and his father’s marriage certificate.  Get a passport card too. 

[Janna Reynoso 0]

On 1/19/2023 at 1:24 AM, Mike E said:

File for your son’s U.S. citizenship and passport card. Your evidence is your son’s passport, his birth certificate, his father’s U.S. birth certificate, and his father’s marriage certificate.  Get a passport card too. 

Thank you for you answer mike ! That we did , we applied for my son’s U.S. Passport and then sent us a letter that’s says the following: 

 

Dear Mr.____
 

Thank you for your recent passport application.In order to continue processing your request, please submit your
Certificate of Citizenship issued by the U.S. Citizenship and Immigration Services (USCIS), your Consular Report of Birth issued by the Department of State, or the U.S. passport you used to enter the United States. If none of these documents are available, please submit the following:
• A notarized affidavit from your U.S. citizen parent detailing periods and places of his/her physical presence and residence in the United States and abroad prior to your birth. Any periods of service in the Armed Forces of the United States should be specified. For each period or place of residence in the United States, your parent should submit public documents to support his/her physical presence in that location, such as school, employment, or military records.

• Your parents’ certified marriage certificate. If the certificate is not in English, please submit an English translation of your document. The translation cannot be performed by yourself or a family member and must include the name, address, and telephone number of the organization or individual who translated the document. The translator must also include a statement certifying that he or she is fluent in both English and the original document’s language and that the translation is complete and correct. All documents requested must be original or certified.
In addition, if you have already obtained a Certificate of Citizenship issued by the U.S. Citizenship and Immigration Services (USCIS), please submit this document to our office. If a Certificate of Citizenship has not been obtained, please submit the following:

• Evidence of legal admission to the United States for permanent residence such as your Permanent Resident Card/Green Card, foreign passport containing a I-551 visa entry stamp; or documentation from USCIS verifying your legal entry. Note: All documents requested must be original or certified. Photocopies are not acceptable.
• Your parents’ marriage certificate.
If the marriage certificate is not in English, please submit an English translation of your document. The translation cannot be performed by yourself or a family member and must include the name, address, and telephone number of the organization or individual who translated the document. The translator must also include a statement certifying that he or she is fluent in both English and the original document’s language and that the translation is complete and correct. Please resubmit the original document(s) with the translation. Note: All documents requested must be original or certified. Photocopies are not acceptable.
• A combination of documents such as school, tax, medical, or court records that documents you were in the legal and physical custody of your U.S. citizen parent(s) after you entered the United States for lawful permanent residence and before your 18th birthday.
To assist with processing your application, we must receive the requested information within ninety (90) days of the date shown on this letter. Please be advised that you may receive this information via email and a postal letter. Please respond to one request only.


  
If the information is not received or is insufficient to establish your entitlement to a U.S. passport, your application may be denied, and your citizenship evidence will be returned. By law, the passport execution and application fees are non-refundable.
For general passport information or to check the status of your passport application, please visit us on-line at
travel.state.gov.
PLEASE RETURN A COPY OF THIS LETTER, ALONG WITH ALL REQUESTED INFORMATION TO THE ADDRESS LISTED ABOVE INCLUDING THE +4 ZIP CODE.
Sincerely,
Customer Service Department
Enclosure(s): DS-5507
   
sorry for all the long message Mike but as you can see they are asking for a DS 5507 form of physical presence of my husband (the US FATHER)  and has to be sign by a passport specialist (I asume an USPS officer can) … this I don’t understand because my son entered with an IR2 visa permanent residence and in the embassy they told us as soon he put his feet in US he will be a citizen , because he is under 18 , a permanent resident and the son of a natural born US citizen father… I will really appreciate your help please ! 
thanks !

[Mike E 11,739]

4 hours ago, Janna Reynoso said:

sorry for all the long message Mike

What evidence did you submit with the passport application?

[Janna Reynoso 0]

6 hours ago, Mike E said:

What evidence did you submit with the passport application?

My husband birth certificate, my son’s birth certificate translated,my sons foreign passport with the I-551 .. I went with the marriage certificate too, the problem is that it was at USPS, the lady took a lot of photocopies but the originals she said weren’t necessary.. the only original document she took was the birth certificate 

[Mike E 11,739]

3 minutes ago, Janna Reynoso said:

My husband birth certificate,

Is this a U.S. birth certificate?

 

I will assume so on this comment  

3 minutes ago, Janna Reynoso said:

 

my son’s birth certificate translated,my sons foreign passport with the I-551 .. I went with the marriage certificate too, the problem is that it was at USPS, the lady took a lot of photocopies but the originals she said weren’t necessary.. the only original document she took was the birth certificate 

USPS tries to ruin another citizen’s life again. Tools. 
 

Here is how I would respond to the RFE:

 

1. write a cover letter stating

 

* the reason the state department issued an IR2 visa for your son is that his father did not have sufficient physical presence in the USA before your son was  born. Therefore there is no need to review the father’s physical presence. 

 

* your son’s basis for U.S. citizenship is listed in https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html  . Quoting from that web page:

 

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization

You state that his father was born in the USA and so is a citizen by birth. You then say that an original U.S. birth certificate of the father is enclosed. And that an original foreign birth certificate of the son is enclosed. 

• Be admitted to the United States as an immigrant for lawful permanent residence 

You state that your son was admitted to the USA as an immigrant for lawful permanent residence on yyyy-mm-dd.  You then that the original passport and visa are enclosed and say what page numbers have the entry stamp and visa.  

• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent

 

You state that since your son’s parents were married before he was born and continue to be married,  your son has been in the legal custody of his father since the day he became an LPR. You the state that you have enclosed an original marriage certificate of the parents. 
 

You then state that your son lives with both of his parents at 123 Elm St, Anytown, Anystate zzzzz and therefore the father has physical custody. You then state that  you have enclosed original evidence of the father and son living at the same physical address. 
 

2. Include the original RFE. Make a copy of it for yourself. 

 

 

3. Enclose both originals and photo copies of the  evidence.  
 

4. Make a complete copy of everything you send to keep for yourself before sending it. 
 

5. Send all this USPS priority mail, certified. 
 

 

[Janna Reynoso 0]

2 minutes ago, Mike E said:

Is this a U.S. birth certificate?

 

I will assume so on this comment  

USPS tries to ruin another citizen’s life again. Tools. 
 

Here is how I would respond to the RFE:

 

1. write a cover letter stating

 

* the reason the state department issued an IR2 visa for your son is that his father did not have sufficient physical presence in the USA before your son was  born. Therefore there is no need to review the father’s physical presence. 

 

* your son’s basis for U.S. citizenship is listed in https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html  . Quoting from that web page:

 

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization

You state that his father was born in the USA and so is a citizen by birth. You then say that an original U.S. birth certificate of the father is enclosed. And that an original foreign birth certificate of the son is enclosed. 

• Be admitted to the United States as an immigrant for lawful permanent residence 

You state that your son was admitted to the USA as an immigrant for lawful permanent residence on yyyy-mm-dd.  You then that the original passport and visa are enclosed and say what page numbers have the entry stamp and visa.  

• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent

 

You state that since your son’s parents were married before he was born and continue to be married,  your son has been in the legal custody of his father since the day he became an LPR. You the state that you have enclosed an original marriage certificate of the parents. 
 

You then state that your son lives with both of his parents at 123 Elm St, Anytown, Anystate zzzzz and therefore the father has physical custody. You then state that  you have enclosed original evidence of the father and son living at the same physical address. 
 

2. Include the original RFE. Make a copy of it for yourself. 

 

 

3. Enclose both originals and photo copies of the  evidence.  
 

4. Make a complete copy of everything you send to keep for yourself before sending it. 
 

5. Send all this USPS priority mail, certified. 
 

 

Yes to all that you said , thank you so much that’s what I’d do !