Child entering on CR2 visa-N-400 vs. Passport?

[LeprechaunSean 0]

My son is two years old and he's coming across the border on his visa this week. I know because of the citizenship act of 2000 that he is automatically able to apply for a passport/and or citizenship, but the passport application wants a SSN, the SSN application wants a US passport, and I'm unsure about what the N-400 wants.....where should I start?

[Dakine 26]

My son is two years old and he's coming across the border on his visa this week. I know because of the citizenship act of 2000 that he is automatically able to apply for a passport/and or citizenship, but the passport application wants a SSN, the SSN application wants a US passport, and I'm unsure about what the N-400 wants.....where should I start?

Is he adopted?

[LeprechaunSean 0]

nope. Do I file a different form? I saw that about the adopted child on the N-400 stuff, but I thought that was only form I there is to file for him......wrong again?

[Dakine 26]

nope. Do I file a different form? I saw that about the adopted child on the N-400 stuff, but I thought that was only form I there is to file for him......wrong again?

Child can't be a USC unless adopted and in the adoptive parents legal and physical custody for 2 years.

[payxibka 10,047]

My son is two years old and he's coming across the border on his visa this week. I know because of the citizenship act of 2000 that he is automatically able to apply for a passport/and or citizenship, but the passport application wants a SSN, the SSN application wants a US passport, and I'm unsure about what the N-400 wants.....where should I start?

SSN application does NOT need a US passport... It needs proof of employment authorization...

[LeprechaunSean 0]

Hmm...the US consulate in montreal told me that once my son crosses the border and becomes a permanent resident I can apply for his US passport. I've also heard this several times on VJ, I guess I need to do a little more research....

My son is two years old and he's coming across the border on his visa this week. I know because of the citizenship act of 2000 that he is automatically able to apply for a passport/and or citizenship, but the passport application wants a SSN, the SSN application wants a US passport, and I'm unsure about what the N-400 wants.....where should I start?

SSN application does NOT need a US passport... It needs proof of employment authorization...

My son will be getting his SSN card in the mail, sometime in the next month or so, I just wanted to get the ball rolling asap. Guess I'll just have to wait.

[lucyrich 20]

The N-400 is only for those over 18 years old (read part 2). For a child, use the N-600, or just apply for a US passport.

Whether the child is adopted or is a biological child doesn't matter for getting citizenship via the child citizenship act. Many of those who receive citizenship this way are adopted, and some of the guidelines you see on the web assume the child is adopted, but the way the law is written, it applies equally well to biological children. See INA 320(a):

Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

That phrase "pursuant to a lawful admission for permanent residence" basically means he has green card status, either via an immigrant visa or via adjustment of status. The rest of the text is pretty self-explanatory.

When your child meets these criteria, he becomes a citizen automatically, whether he wants to or not. If you want documentation of that citizenship, you can file for a US passport. The DS-11 passport application form has instructions, but basically you'll have to submit evidence that all three of the above conditions have been satisfied. Or if you prefer, you can file an N-600 with the USCIS, which will get him a certificate of citizenship. Again, you basically have to send in documentation that all of the above conditions have been satisfied. See the instructions for the N-600.

I'm not sure about the social security number question. It should be easy to do after you have his US passport or certificate of citizenship. It might be possible to do before that time, but I don't know.

[Auds 223]

Keep in mind child must be biological child of US Citizen.  If step child - the citizenship act not apply if adoption not involved.

[Going through 5,671]

4 hours ago, Auds said:

Keep in mind child must be biological child of US Citizen.  If step child - the citizenship act not apply if adoption not involved.

I don't know if you realize you were answering a question from over 8 years ago..

Edited August 26, 2017 by Going through