IR-2 Visa - Minor Kids arrived in US - Exploring next steps forward [split & merged]

[S A 1]

I am in a similar situation, my kids arrived last month on IR2 and I have received a letter from DHS asking to pay $220 for their Green Card. Reading this thread it sounds like I can skip paying $220 towards the green card and apply for their passport directly? I am US Citizen and my wife has a green card. I don't have to file N-600? Any guidance on this will be much appreciated. Thanks

[powerpuff 6,744]

Above post was split into a new thread. Please do not post questions in other members threads even if the situation is similar - please always start your own thread.

 

VJ Moderation 

 

11 minutes ago, S A said:

can skip paying $220 towards the green card and apply for their passport directly?

Correct 

 

12 minutes ago, S A said:

I don't have to file N-600?

It’s highly advisable.

 

 

[OldUser 7,013]

21 minutes ago, S A said:

I don't have to file N-600?

I think you should. Children can have major difficulties later in life if this isn't done.

[S A 1]

Father - US Citizen

Mother - IR1 Visa category, Green Card Holder (arrived with Kids to US July 23), paid the green card fees and the card is issued.

3 Kids - IR2 Visa category - In US, arrived in July 2023, received letter from DHS asking to pay $220 green card fees.

 

It seems since my children are minor and intend to live here with me they can acquire US Citizenship as soon they enter the United States. So I have the following questions I am seeking guidance on.

 

- Do I have to pay the green card fees $220 for each child and need their physical green card before I can apply for their Citizenship? I don't want to pay for their green card since I am more inclined to get their citizenship instead if possible.

- What should be the next steps for me to proceed further? I have read here on one of the thread that I can apply for their passports at the USPS, what document would be required?

- If I am able to file their passports at USPS successfully, do they need Certificate of Citizenship as well? Read it somewhere it's only required in some states, we live in Virginia.

- Do I have to file N-600? I see the Fee for one N-600 application is $1,170? OR do I have a file some other form?

 

Thanks for your valuable feedback and guidance.

 

Cheers!

 

 

[Boiler 45,769]

They are your children?

[Mike E 11,741]

49 minutes ago, S A said:

DHS asking to pay $220 green card fees.

Lol. They are that hard up.

 

49 minutes ago, S A said:

Do I have to pay the green card fees $220 for each child and need their physical green card before I can apply for their Citizenship

Assuming they are your biological children, do not pay this fee.

 

This might help:

 

To get your child  a U.S. passport you need to have evidence that the child: 

 

•  is your child  
• lives with you 
• is in your legal custody 
• has LPR status 
• you are a U.S. citizen 
• the above all happened before the child  reached age 18

 

IMO there these are  facts:

• the longer a parent waits to secure a U.S. citizenship document for the child, the harder it becomes to prove the child is a U.S. citizen. It actually becomes exponentially harder because evidence, like radioactivity of isotopes has a half life.  It’s actually the law of physics: order tends to disorder aka the Law of Entropy 

 

• you get exactly one chance to file N-600.  Often when parents decide to try N-600 first, they get RFE for evidence. The parent doesn’t know how to respond to RFE, and the case is denied. Forever.   Whereas if the passport acceptance agent is half way competent the agent won’t accept the application with incomplete evidence. 

 

• whereas you can  try as many times as you want  to get a passport 

 

• passports get lost and replacing a passport without a certificate of citizenship is hard. Replacing a passport when you have a passport card is easy. 

 

Thus the parent should first try to get the child a passport book and passport card. And this should be done at the same time, at the same appointment with the passport acceptance agent (for example the post office). Both parent and child should get a passport card because 

 

• it seems losing the naturalization certificate is inevitable. 
• the CBP Ready Lanes at ports of entry on the land border don’t work with passports but do work with passport cards 

 

Make sure to make a complete copy of everything sent to the passport agency. While most evidence (except a green card) will come back, sometimes the post office or the passport agency loses it.  

 

Once the child has a passport book and passport card:

 

• Once same evidence used to get the passport, file N-600 online to get the child a certificate of citizenship, plus the passport, passport card, and any note the passport agency sent back regarding the passport agency confiscating the green card 

 

• Parent and child should go to SSA to get a new SS card. If the child has has an SSN. A passport card is fine for this. If the child has never had an SSN, then a certificate of citizenship might be required. 

 

In lieu of a green card, hopefully the parent retained the original passport used to enter the U.S. on an immigration visa or the original I-485 approval document. 

 

Some people will tell you that your child doesn’t need a certificate of citizenship. I disagree:

 

• A citizen has no right to a U.S. passport.  Certain acts such as habitually losing a passport, being behind on child support payments, or being placed on certain no fly lists can cause one to be denied a passport. Whereas a qualified citizen has a right to a certificate of citizenship. I don’t   think a family court judge will have any pity on someone who can’t get a passport, and thus can’t get a job to pay child support and thus can’t get a passport. 

 

• investigators performing security clearances for certain roles in service of the federal government, military, or federal contractor are known to reject a U.S. passport as evidence of U.S. citizenship 

 

• Some citizens of certain countries are denied certain roles.  A certificate of citizenship identifies the previous nationality. Hence a passport is not accepted when applying for those roles 

 

• At some state DMVs, if the SAVE system doesn’t verify U.S. citizenship using the passport card, some DMVs will override SAVE if a certificate of citizenship is presented 

 

• When registering online to vote, some states require those with a US birth certificate or CRBA to provide the number from a  certificate of citizenship or naturalization. 

 

• When petitioning a relative for LPR status (aka filing I-130) USCIS and sometimes the department of state won’t accept a U.S. passport as evidence of U.S. citizenship. It is rare but it does happen. 
• There are now reports of U.S. citizens who lost their passport having difficulty obtaining a new passport without a certificate of citizenship.  

 

 

 

Edited September 19, 2023 by Mike E

[Chancy 6,243]

*** Merged related threads, and moved to Passports sub-forum, where similar topics about US citizenship document for LPR minor children of USC are discussed ***

 

[VK & RW 0]

My minor son entered US on 25th Sept 2023 on IR2 Visa and got his Green Card 6 weeks later. I applied for his US Passport after submitting his Green Card at the post office along with other supporting documents. I got his US passport as well and I haven't applied for the Certificate of Citizen yet. The question I now have is what is the date he became a US Citizen ?  Is it the date he entered US on IR2 visa or the date his US Passport was issued ? Thank you.

[Boiler 45,769]

I would think the former, a Passport does not confer citizenship.

[VK & RW 0]

Thank you for your reply, I thought of the same since IR2 minors are citizens as soon as they enter US and stay with the parent who sponsored him/her, just that he got his Green Card instead of Certificate of Citizenship and that confused me since I thought Green Card doesn't confer a citizenship either ?  

[Boiler 45,769]

Applying for a Certificate is optional but recommended.

[VK & RW 0]

Yes, I am going to do that and hire a lawyer since everywhere I have read, it seems like I will only get one chance at it. It is expensive but I feel like it is worth it for securing any doubts about my child being a US citizen or not. Thank you for your response. The reason I wanted to know what date to use is because it is required when I apply for a visa for him to visit his birth country. Thanks again.

 

Also I did not get any letter from the passport office saying they kept his Green Card. I do have copies of it and hope it will be enough for the N-600 application.

Edited March 11 by VK & RW