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Indian visa and date that minor became US citizen

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  • Indian visa and date that minor became US citizen

    This is my situation:
    Son got Immigrant visa in india on 14nov2014
    Landed in USA on 28 Nov 2014
    Greencard issued 28 Nov 2014 valid till 28 Nov 2014
    Naturalization certificate issued on 29 Jul 2016 but says he has become US citizen from 28 Nov 2014
    USA passport issued on 18 Aug 2016

    Now when i went to Cox and Kings to apply for Indian visitor visa, i have to apply for renunciation of his Indian passport. they are saying that he has travellled on Indian passport illegally since 28 Nov 14 as that is the day he has naturalized and become a US citizen. Now he has to pay penalty for each immigration stamp on his passport which is about $ 250 each stamp

    My question is, i did not even know that he was considered a US citizen on landing. and if he did become a US citizen on landing on 28 nov 2014 why did they issue him with a green card valid for 10 years which was taken back the day he was issued his naturalization certificate ?

    Besides what document would i have had on Nov 28 2014 to prove he is us citizen or apply for his US passport.

    and if he was already us citizen the movement he landed why would i go through the trouble of filing N600 for naturalization and also spend $ 600 for the same.

    How do i convince them all this. Are they right in what they say ?

    Any body had similiar experience like this ?

  • #2
    Originally posted by sudy007 View Post
    This is my situation:
    Son got Immigrant visa in india on 14nov2014
    Landed in USA on 28 Nov 2014
    Greencard issued 28 Nov 2014 valid till 28 Nov 2014
    Naturalization certificate issued on 29 Jul 2016 but says he has become US citizen from 28 Nov 2014
    USA passport issued on 18 Aug 2016

    Now when i went to Cox and Kings to apply for Indian visitor visa, i have to apply for renunciation of his Indian passport. they are saying that he has travellled on Indian passport illegally since 28 Nov 14 as that is the day he has naturalized and become a US citizen. Now he has to pay penalty for each immigration stamp on his passport which is about $ 250 each stamp
    If the son was under 18 and either parent was a US citizen at the time he entered, yes, he automatically and involuntarily became a US citizen on the day he entered, according to US law.

    Originally posted by sudy007 View Post
    My question is, i did not even know that he was considered a US citizen on landing. and if he did become a US citizen on landing on 28 nov 2014 why did they issue him with a green card valid for 10 years which was taken back the day he was issued his naturalization certificate ?
    That's just how it works. Someone entering with an immigrant visa becomes a permanent resident and thus gets a green card. If the conditions in the law are met, the child automatically becomes a US citizen. They are not responsible for figuring out for you whether the conditions are met or not.

    Originally posted by sudy007 View Post
    Besides what document would i have had on Nov 28 2014 to prove he is us citizen or apply for his US passport.
    Whether someone is a citizen and whether they have proof are two completely different matters. And yes, he could have applied for a US passport on the day he entered -- with a proof of permanent residency (the immigrant visa stamped on entry serves as an I-551, i.e. proof of permanent residency, the same as a green card, for one year) plus proof of parent's US citizenship plus proof the child is living in the US with the parent.

    Originally posted by sudy007 View Post
    and if he was already us citizen the movement he landed why would i go through the trouble of filing N600 for naturalization and also spend $ 600 for the same.
    Because you liked to? Filing N-600 for a Certificate of Citizenship (not Certificate of Naturalization by the way) is pretty much never necessary. Only people who are already US citizens can apply for a Certificate of Citizenship, and it basically doesn't serve any purpose that a US passport doesn't already serve as. Some people just like having an independent certificate.

    Originally posted by sudy007 View Post
    How do i convince them all this. Are they right in what they say ?
    They are right. And in fact the Certificate of Citizenship should say on it that he became a citizen on the day he entered.

    This is my personal opinion and is not to be construed as legal advice.

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