Citizenship for Kid residing outside of US

[kiran24]

Hi, I would like to find out the procedure to preserve my son's citizenship eligibility until he turns 18. Here is my situation in brief..

I received my citizenship in 2009 and my wife & first son (8years) are still on Greencard status.
Due to family circumstances, they have been living in India since last year. Even though they have re-entry permits valid upto oct 2012, they are not planning to come to US this year.
Instead, I am considering to move to India and come back to US after 4-5 yrs.

Based on this situation, Will I be able to apply for citizenship for my son while he is in India or obtain a document that makes him eligible for citizenship when he turns 18?

appreciate your reply on this

thanks!

[nwctzn]

If your kid stays out of the US for a long time, he is risking his greencard status and with that also getting a US passport through you. Also, your wife is risking her status.

If I were in your situation, I would get a US passport for your kid ASAP. He is eligible to get it now since he is a greencard holder and you can submit your certificate of naturalization for his US passport application. It might be possible to get this through a US consulate or embassy abroad, but I believe the easiest would be if the child is in the US and you apply from the US.

Just my personal opinion.

[kiran24]

Thank you for your advice. Due to family circumstances, my wife and kids will not be able to come back to US this year. Yes, we understand my wife is risking her status. I would like to make sure my kid has his citizenship before he loses his green card status.

On the website, I have found the information that a child can get his us passport while he is abroad, but is not clear if it is true for kids who are already on Greencard.

thanks!

If your kid stays out of the US for a long time, he is risking his greencard status and with that also getting a US passport through you. Also, your wife is risking her status.

If I were in your situation, I would get a US passport for your kid ASAP. He is eligible to get it now since he is a greencard holder and you can submit your certificate of naturalization for his US passport application. It might be possible to get this through a US consulate or embassy abroad, but I believe the easiest would be if the child is in the US and you apply from the US.

Just my personal opinion.

[nwctzn]

You might want to check with the US consulate/embassy directly if your kid can get the passport from there if you go there with your certificate.

If not, then I would certainly suggest that you arrange for your kid to come to the US and get his US passport. Things get complicated afterwards when the child passes his 18th birthday and I assume impossible if he loses his greencard status. Just my two cents on this.


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[cafeconleche]

When you naturalised, was your son in the US living with you? If that was the case, he is already a citizen and can apply for a passport wherever he is. You just need to show proof that he was in the US as an LPR and living in your custody when you naturalised.

Alternatively, if he has a GC and was already outside when you naturalised, he can derive citizenship by entering the US "to live with you" again, in which case he will become a citizen.

[kiran24]

Yes, my son was on LPR and was living in US when I got my citizenship. Thank you for your reply, I feel more hopeful now. I will check with embassy abroad as well to confirm if my son can get his passport without entering US

thanks!

When you naturalised, was your son in the US living with you? If that was the case, he is already a citizen and can apply for a passport wherever he is. You just need to show proof that he was in the US as an LPR and living in your custody when you naturalised.

Alternatively, if he has a GC and was already outside when you naturalised, he can derive citizenship by entering the US "to live with you" again, in which case he will become a citizen.

[cafeconleche]

Here's a link to the CIS factsheet: http://www.uscis.gov/files/pressrelease/CCA_102504.pdf