USPS Passport Agency denied minor passport application

[andynguyen 6]

Hello,

 

My friend's child was denied passport application for derivative citizenship. The child came here and has green card when she was 17 years old and 4 months. 3 months later her mom became US citizen through naturalization. Yesterday, both parent and child (just over 18 and 3 months today) came to USPS for passport application and was told the child need Certification of Naturalization of her in order to apply. The child brought her Birth Cert, green card, mom's Naturalization Cert, school record, and tax 1040.

 

I believe USPS agent did not know the rule about derivative citizenship. Any input is appreciated.

Thank you

[Timona 4,207]

USPS is right. Child should have seized opportunity when when mom naturalized AND while she was under 18. 

 

Unfortunately, she's above 18 now. Will have to file her own N400 after 5 years of having GC. 

[ctrlplm 42]

On 5/15/2024 at 12:56 PM, Timona said:

USPS is right. Child should have seized opportunity when when mom naturalized AND while she was under 18. 

 

Unfortunately, she's above 18 now. Will have to file her own N400 after 5 years of having GC. 

Based on this, she automatically acquired the citizenship because she was a LPR and under the main custody of a USC: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

Quote

• The child is a lawful permanent resident (LPR);^[5] and
• The child is residing^[6] in the United States in the legal and physical custody of the U.S. citizen parent.^[7]

 

Would recommend that she gets N600 however. That's the most definitive proof of citizenship. I'm not sure everyone else outside the USCIS is equipped to navigate these legal document. Probably would've been easier if they had tried to get her a passport when she was still a minor but that ship has sailed.

 

Edited May 27 by ctrlplm