Help with I-551

[solution32 0]

Please I need help. My 2 years old son received his I-551 stamp on his passport. I was told once he enters to the US he will become an US citizen according to the child act 2000.. Do I still need to pay for his immigrant visa fee so he can receive his green card . I became an Us citizen right after he was born. Thank you everyone . 

[OldUser 6,604]

Yes, get him GC. If something doesn't work out proving his US citizenship - he'll have solid proof of LPR status.

 

Why do you think the cĥild is a citizen? Is his other parent a US citizen? Who told you the child was a citizen? A lawyer or just a friend / acquaintence? 

Edited May 18 by OldUser

[solution32 0]

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
• Be admitted to the United States as an immigrant for lawful permanent residence
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent

[OldUser 6,604]

42 minutes ago, solution32 said:

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
• Be admitted to the United States as an immigrant for lawful permanent residence
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent

Somebody needs to do a proper analysis before confidently saying the child is a US citizen.

Edited May 18 by OldUser

[OldUser 6,604]

If the child was born outside of the US to the naturalized US citizen, the parent needs to meet physical presence requirement:

 

A child’s U.S. citizen parent must meet the following physical presence requirements:

 

"The parent has been physically present in the United States or its outlying possessions for at least 5 years; and

 

The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

 

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen."

 

 

Do you meet this requirement?

 

More info https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

[solution32 0]

Yes, I do 

[nastra30 2,284]

58 minutes ago, OldUser said:

If the child was born outside of the US to the naturalized US citizen, the parent needs to meet physical presence requirement:

 

A child’s U.S. citizen parent must meet the following physical presence requirements:

 

"The parent has been physically present in the United States or its outlying possessions for at least 5 years; and

 

The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

 

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen."

 

 

Do you meet this requirement?

 

More info https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

This doesn't apply to acquired  citizenship upon landing on US soil as LPR in custody of USC parent. 

[nastra30 2,284]

No need for physical presence test in this situation.

 

Op, you are a US citizen.

You child entered the US as LPR.

Your child is in your full and legal custody.

So therefore your child has acquired US citizenship pursuant of section 320 of the Immigration and Nationality Act (INA 320), just as you found out.

 

No need to pay immigrant fee. Use your naturalization certificate to apply for child's US passport. Both parents need to be present at submission.

Highly recommended you also apply for N600 certificate for the child after receiving passport. Good luck.

Edited May 18 by nastra30

[solution32 0]

7 hours ago, nastra30 said:

No need for physical presence test in this situation.

 

Op, you are a US citizen.

You child entered the US as LPR.

Your child is in your full and legal custody.

So therefore your child has acquired US citizenship pursuant of section 320 of the Immigration and Nationality Act (INA 320), just as you found out.

 

No need to pay immigrant fee. Use your naturalization certificate to apply for child's US passport. Both parents need to be present at submission.

Highly recommended you also apply for N600 certificate for the child after receiving passport. Good luck.

Thank you so much for the information 

[powerpuff 6,677]

Hijack post removed. If you have a question about your case, please start your own thread.

 

VJ Moderation 

[solution32 0]

What about if one of the parents can’t be present because she  lives in Mexico 

[nastra30 2,284]

23 minutes ago, solution32 said:

What about if one of the parents can’t be present because she  lives in Mexico 

She completes, Statement of Consent: Form DS-3053

[solution32 0]

I was expecting my toddler’s green card and I got a letter for biometrics instead  but he is only 2 years old. When we went to ciudad Juarez for his fingerprints I was told he didn’t need it. I thought I could go to the post office with his temporary I-551 stamp on his passport and my naturalization certificate so he can get his US passport. I don’t understand. Can somebody help me please