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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 25084
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hi all Im American Citizen since 2008, my baby born outside

Customer Question

Hi all

I'm American Citizen since 2008, my baby born outside at 2011 and they gave us the following Visa to enter to US : IR-2 with "upon endorsement serves as temporaty I-551 evidencing permanent residence for one year" that means that we can aplly for my baby citizenship? Based on the Embassy , we can get his american passport in two weeks time but we are not sure the steps to follow or which paperwork to do ...

Thanks a lot for your help
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Under the Child Citizenship Act your baby has to first enter the US as a permanent resident and then can either apply for a passport or a N-600 Certificate of Naturalization.
Here is the information for the Houston Passport Agency and Expedite procedures:
http://travel.state.gov/passport/npic/agencies/agencies_913.html

The only thing you have to have is the following:
Book the passport application at the passport office for expedited procedures
Take evidence of your naturalization
Take evidence your child has been in your legal and physical custody
take evidence your child entered as a resident (that will the the stamp in the passport)

Take the passport application.
http://travel.state.gov/passport/get/minors/minors_834.html
http://www.state.gov/documents/organization/79955.pdf
http://travel.state.gov/passport/forms/ds3053/ds3053_846.html

I will be in an appointment all morning but will be back online all afternoon and evening to assist you with follow-up questions.
Judith
Customer: replied 1 year ago.

Hi Judith, thanks a lot for your email, but still I'm confused.


 


My child will enter in two weeks time USA with the Visa stamped in their passport as: " IR-2 and Visa stamped with "upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year" ???


 


What does this mean?


 


"Under the Child Citizenship Act your baby has to first enter the US as a permanent resident and then can either apply for a passport or a N-600 Certificate of Naturalization"


 


So , right now, my baby can enter as a permanent resident or not? If yes, how can I apply for a passport and which are the steps to do it?


 


I'm expecting a clear answer, because I already knew it as per my research in the web.


 


Which are these evidences?


 


"Take evidence of your naturalization
Take evidence your child has been in your legal and physical custody"


 


I'm naturalized because I have american passport since 2008, what lse do they rquerided ? Don't tell me that I need to show them that I live 5 years at US before my child born (because I already know this and based on that and the embassy will give me the passport already)


 


Where evidence are required saying that is my child? Birthday certificate, passport, what else do they need?


 


I;m expecting a clear answer after paying the service, so please, let me know if you know it. They must be plenty of people with similar issues (born babies coming to US with IR-2 and stamped "upon endorsement ....") so we need to know all specific steps to get our baby american passport soon.


 


Thanks and waiting for your answer.


 


Rosy


 


 


 

Expert:  Judith replied 1 year ago.
Hi Rosy
Thank you for your specific questions because I have no way of knowing what you know so I need to begin with the basics.
I will go through your questions one at a time:


My child will enter in two weeks time USA with the Visa stamped in their passport as: " IR-2 and Visa stamped with "upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year" ???


 


What does this mean?


This means that your child is admitted to the US as a permanent resident under the IR-2 classification - minor child or a US citizen. The I-551 is the actual plastic resident alien card. Since that takes some time to produce, the temporary stamp placed in the passport is proof of the resident status.


"Under the Child Citizenship Act your baby has to first enter the US as a permanent resident and then can either apply for a passport or a N-600 Certificate of Naturalization"


 


So , right now, my baby can enter as a permanent resident or not? If yes, how can I apply for a passport and which are the steps to do it?

Your child gets first from the Embassy an immigrant visa stamp to enter the US. Once they set foot on US soil they are processed for their permanent resident status and are admitted to the US at the airport as a permanent resident. So yes, your baby can enter the US as a permanent resident.

He is applying under the Child Citizen Act, not a Consular Report of Birth

  • Have at least one American citizen parent by birth or naturalization;
  • Be under 18 years of age;
  • Live in the legal and physical custody of the American citizen parent; and
  • Be admitted as an immigrant for lawful permanent residence.

If yes, how can I apply for a passport and which are the steps to do it?

I don't understand where my answer on how to do this was not clear. I need you to be more specific because I gave you step by step information on what you need to do. I gave you the link to the Houston Passport Agency and the link on how to proceed with applying for an expedited passport.

http://travel.state.gov/passport/npic/agencies/agencies_913.html


I'm expecting a clear answer, because I already knew it as per my research in the web.

I am not understand what you need clarity about. I thought I was clear on what you need to provide.

 


Which are these evidences?


 


"Take evidence of your naturalization - your passport or your naturalization certificate
Take evidence your child has been in your legal and physical custody"

Are you married? If yes, then no evidence is required to prove the child has been living with you. If you are a single parent or seperated or divorced you need to show you had custody granted to you by the court.


  • Proof of the child's relationship to the American citizen parent. For the biological child of the American citizen this will be a certified copy of the foreign birth certificate (and translation if not in English). For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);
  • The child's foreign passport showing the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) I-551 stamp in the passport, or the child's permanent resident card (green card);
  • Proof of identity of the American citizen parent(s)- passport and or naturalization certificate
  • Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions.


I'm naturalized because I have american passport since 2008, what lse do they rquerided ? Don't tell me that I need to show them that I live 5 years at US before my child born (because I already know this and based on that and the embassy will give me the passport already)

I didn't tell you this. You are transmitting citizenship to your child based on the Child Citizenship Act which requires your child to first enter the US as a permanent resident.

 


Where evidence are required saying that is my child? Birthday certificate, passport, what else do they need?

Yes, the link I gave you to the passport instructions tell you clearly what you need to show. Your child's birth certificate, the passport with I-551 stamp and the consent of the father if he is not accompanying the child to the passport office.

I don't know if your research has lead you to reading the application and it's instructions. Everyone needs to do this. It is very important. Let me know what I can clarify for you after you read them.

http://travel.state.gov/passport/get/minors/minors_834.html
http://www.state.gov/documents/organization/79955.pdf
http://travel.state.gov/passport/forms/ds3053/ds3053_846.html


 


I;m expecting a clear answer after paying the service, so please, let me know if you know it. They must be plenty of people with similar issues (born babies coming to US with IR-2 and stamped "upon endorsement ....") so we need to know all specific steps to get our baby american passport soon.

In fact, my last question last night was exactly the same issue! The customer rated me excellent and gave me a bonus. they were very happy and satisfied with my answer. I am trying to provide you with the same exemplary service.

Please understand I am here to help you. I am trying my best and appreciate these specific follow-up questions so I can clarify what you specifically do not understand.

Judith

 

Expert:  Judith replied 1 year ago.
Rosy,
I am leaving for my meeting and will pick this back up with you when I return. I hope you have found some of this additional information helpful
Judith
Customer: replied 1 year ago.

Hi Judith, very much appreciated your quick answer, it seems my final reply did not appears in the file.


 


=================


http://travel.state.gov/passport/get/minors/minors_834.html


 


 


In this case, they asked in the 3rd step to show the citizenship proof? If my baby born overseas , how can I have this proof?


 


Based on the links, they said that we need to show the second evidence, but they come back with the same loop issue:


 


Foreign Birth Documents + Parent(s) Citizenship Evidence


If you claim citizenship through birth abroad to U.S. citizen parent(s), but cannot submit a Consular Report of Birth Abroad or Certification of Birth, you mustsubmit all of the following:


Your foreign birth certificate (translated to English)
Evidence of citizenship of your U.S. citizen parent
Your parents' marriage certificate
An statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth


NOTES:




If I can not demonstrate that I have been 5 years living at US before my baby born, what else can I do? Because based on the Embassy, with IR-2 I can apply and get my American Passport directly and this is why we are flying to Houston in two weeks time…


 


http://www.state.gov/documents/organization/79955.pdf


 


In this link, explicitely , they asked:


 


So will be enough with my American passport? Or I require something else to show my certicate of naturalization?



Please, let me know if we can have the answers, for sure we will give you the top rates.



Thanks



Rosy

Expert:  Judith replied 1 year ago.
Rosy
I do this all the time.
See this link on the Child Citizenship Act
http://travel.state.gov/visa/immigrants/types/types_1312.html

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

  • Have at least one American citizen parent by birth or naturalization;
  • Be under 18 years of age;
  • Live in the legal and physical custody of the American citizen parent; and
  • Be admitted as an immigrant for lawful permanent residence.

You need to show your Passport and I also have my clients have their naturalization certificate with them as evidence you obtained your citizenship before the child's 18th birthday. However, since your child is still well under 18 this is not an absolute requirement. But i still say it is better to have more documentation than you need than not to have it.

You are not seeking citizenship for your child through transmission based on your citizenship - then you do not have to have your child be admitted to the US as a permanent resident first, you are able to do a consular report of birth if you meet the 5 year residence requirement.
You do not.
So under the CCA you first have to have your child come to the US as a permanent resident and then the child is eligible for their citizenship through the CCA. The CCA does not require any residence of the parent. But it does require that the child enters the US as a permanent resident.

They are different laws. There are different ways to get a child citizenship.

Judith
Customer: replied 1 year ago.

Hi Judith,


 


thanks for your answer, it's great to know that you are doing this with your customers.


 


So finally, under the CCA you first have to have your child come to the US as a permanent resident (this is the current case, right? and then the child is eligible for their citizenship through the CCA. The CCA does not require any residence of the parent. But it does require that the child enters the US as a permanent resident.


 


Meaning as soon as we will arrive to Houston, we can request the citizenship to our baby , but how do we process his citizenship , because based on the link that you sent us:


 


http://travel.state.gov/passport/get/minors/minors_834.html




SUBMIT A PASSPORT APPLICATION FOR A MINOR UNDER AGE 16:


Read and understand Steps 1 - 9 before leaving this page.


1. Complete Form DS-11: Application For A U.S. Passport
2. Submit Form DS-11: Application For A U.S. Passport In Person
3. Submit Child's Evidence of U.S. Citizenship



 


They asked in the 3rd step to show the citizenship proof? If my baby born overseas , how can I have this proof my baby citizenship? Or should I just request based on the CCA?



Should be used the second link that you sent us:



http://www.state.gov/documents/organization/79955.pdf, that's all?



We are almost there, thanks a lot for your help, looking for to rate it top.



Rosy

Expert:  Judith replied 1 year ago.
finally, under the CCA you first have to have your child come to the US as a permanent resident (this is the current case, right? and then the child is eligible for their citizenship through the CCA. The CCA does not require any residence of the parent. But it does require that the child enters the US as a permanent resident.

 


Meaning as soon as we will arrive to Houston, we can request the citizenship to our baby , but how do we process his citizenship , because based on the link that you sent us:


YES, EXACTLY, THIS IS CORRECT! THIS IS PRECISELY WHAT I WAS EXPLAINING AND NOW YOU UNDERSTAND IT CORRECTLY.

 

THIS IS THE REFERENCE LINK

http://travel.state.gov/visa/immigrants/types/types_1312.html

 

I don't want to go into all the details why Congresses passed this law but often children didn't get citizenship transmitted because the parent didn't have the 5 years and the only option was permanent residence and they lost that if they stayed outside the US for over one year. So congress passed the Child Citizenship Act to allow the children to get citizenship as long as they were admitted to the US as a citizen.

 

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 25084
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Judith, regarding the naturalization with form N-600, there are some requested documents to be attached with the form, one of this documents is The Evidence of your residence or physical presence in the US, ( I want to give the "Affidavits of third parties having knowledge of the residence and physical presence" but I don't know what should this affidavits should have as information,

Thank you,

Rosy
Expert:  Judith replied 1 year ago.
Rosy
This is a new topic and you will need to start a new thread on the N-600 questions. I have walked you through the passport issues and believe gave you complete answers on that. Now this is something different from getting the passport and requires a new thread.
You can begin the thread with "FOR JUDITH".

Judith
Customer: replied 1 year ago.
For JUDITH



Regarding the naturalization with form N-600, there are some requested documents to be attached with the form, one of this documents is The Evidence of your residence or physical presence in the US, ( I want to give the "Affidavits of third parties having knowledge of the residence and physical presence" but I don't know what should this affidavits should have as information, how can I get ready this affidavit?

Thank you,

Rosy
Expert:  Judith replied 1 year ago.

Rosy

Affidavits are legal documents and generally if you are unsure of how to write on you should retain the assistance of an attorney.

We cannot write legal documents for you.

Judith

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Judith
Judith
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34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.