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  • Minor kids arriving to us to get certificate of citizenship

    I am an american citizen residing abroad.
    I arrived with my two kids to the US ,both having the ir2 immigration visa
    Since they r minors they r supposed to get the certificate of citizenship now not the green cards right ??the officer at the airport stamped both envelopes of my children and thats it ..what r we supposed to do now?

    P.S.after i got my citizenship i did not spend 5 yrs in usa ..thats y i am going thru a long process to pass th citizenship to my kids..couldnt do that at the embassy of US abroad.

  • #2
    They automatically acquire citizenship upon entering the US. You can apply for their passport now at the post office.

    Comment


    • #3
      Originally posted by ponyo_rocks View Post
      They automatically acquire citizenship upon entering the US. You can apply for their passport now at the post office.
      But i dont have any documents in hand..i dont have any certidicate... shouldn't the uscis be sending it to me ??

      Comment


      • #4
        You dont have to do anything when you enter your stated your place of residence they will get their certificate of citizenship after 1 month or so.

        All IR-3/IH-3, IR-4/IH-4 and IR-2 children are admitted as permanent resident noncitizens. Depending on your child’s visa classification, USCIS will mail to your child either a permanen


        - - - Updated - - -

        P.S.after i got my citizenship i did not spend 5 yrs in usa ..thats y i am going thru a long process to pass th citizenship to my kids..couldnt do that at the embassy of US abroad.

        btw you said you didnt spend 5 years in usa after you got citizenship, just let me remind you that doesnt matter if you were a citizen or not if you have the required residence they are citizens at birth and a consular report of birth abroad apply to them.

        Comment


        • #5
          Originally posted by gar21233 View Post
          You dont have to do anything when you enter your stated your place of residence they will get their certificate of citizenship after 1 month or so.

          All IR-3/IH-3, IR-4/IH-4 and IR-2 children are admitted as permanent resident noncitizens. Depending on your child’s visa classification, USCIS will mail to your child either a permanen


          - - - Updated - - -

          P.S.after i got my citizenship i did not spend 5 yrs in usa ..thats y i am going thru a long process to pass th citizenship to my kids..couldnt do that at the embassy of US abroad.

          btw you said you didnt spend 5 years in usa after you got citizenship, just let me remind you that doesnt matter if you were a citizen or not if you have the required residence they are citizens at birth and a consular report of birth abroad apply to them.
          actually tht is incorrect according to USCIS https://www.uscis.gov/policymanual/H...pter5.html#S-C part 1 of section c says

          "1. Physical Presence of Child?s U.S. Citizen Parent
          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 five 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."

          now if they spent 5 years or more before and after being a citizen then they are fine, but if not then they are going to have an issue.
          This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

          -Krypton9591

          Comment


          • #6
            Originally posted by gar21233 View Post
            You dont have to do anything when you enter your stated your place of residence they will get their certificate of citizenship after 1 month or so.

            All IR-3/IH-3, IR-4/IH-4 and IR-2 children are admitted as permanent resident noncitizens. Depending on your child’s visa classification, USCIS will mail to your child either a permanen


            - - - Updated - - -

            P.S.after i got my citizenship i did not spend 5 yrs in usa ..thats y i am going thru a long process to pass th citizenship to my kids..couldnt do that at the embassy of US abroad.

            btw you said you didnt spend 5 years in usa after you got citizenship, just let me remind you that doesnt matter if you were a citizen or not if you have the required residence they are citizens at birth and a consular report of birth abroad apply to them.
            My children were born abroad.not in the usa
            I got naturalized then got my citizenship.
            Because i do not meet the "5 years in usa" rule , i had to go thru a long process of paper work.and had to get them to enter the US.
            Now are they receiving the certificate of citizensip or the PR ?? Just wanted to make sure that we r receiving the certificate not the PR :S

            Comment


            • #7
              Originally posted by sun83 View Post
              But i dont have any documents in hand..i dont have any certidicate... shouldn't the uscis be sending it to me ??
              No. USCIS won't generally send you a Certificate of Citizenship without you applying for it. When your child or anyone enters the US with an immigrant visa, they immediately become a US permanent resident (green card holder). The child might also immediately and automatically become a US citizen if the conditions in INA 320 are met -- the child is a permanent resident under 18 living in the US in the custody of a US citizen parent. You are responsible for figuring out whether your child is already a citizen under this provision. It is not always apparent that a child of a citizen entering on an immigrant visa becomes a citizen -- e.g. they might not be in the legal and physical custody of the parent.

              You do have documents in hand -- you have the child's immigrant visa, stamped upon entry, which serves as an I-551 (equivalent to a green card) proving the child's permanent residency. If you believe the child is already a citizen because the conditions in INA 320 have been met, you simply take this proof of permanent residency, plus the proof of your citizenship, plus your marriage certificate or other proof that the child is in your custody, to apply for a US passport for the child. You don't need to get a Certificate of Citizenship for the child.

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

              Comment


              • #8
                Originally posted by newacct View Post
                No. USCIS won't generally send you a Certificate of Citizenship without you applying for it. When your child or anyone enters the US with an immigrant visa, they immediately become a US permanent resident (green card holder). The child might also immediately and automatically become a US citizen if the conditions in INA 320 are met -- the child is a permanent resident under 18 living in the US in the custody of a US citizen parent. You are responsible for figuring out whether your child is already a citizen under this provision. It is not always apparent that a child of a citizen entering on an immigrant visa becomes a citizen -- e.g. they might not be in the legal and physical custody of the parent.

                You do have documents in hand -- you have the child's immigrant visa, stamped upon entry, which serves as an I-551 (equivalent to a green card) proving the child's permanent residency. If you believe the child is already a citizen because the conditions in INA 320 have been met, you simply take this proof of permanent residency, plus the proof of your citizenship, plus your marriage certificate or other proof that the child is in your custody, to apply for a US passport for the child. You don't need to get a Certificate of Citizenship for the child.
                Yes my children meet the INA conditions
                ? they r both under 18
                ? i am a citizen by naturalization
                ? they are in my custody ( my husband and i)
                ? both kids and lawful permanent residents.

                By why would i apply for the certificate of citizenship if i wont need it for get my children's passport?
                Also how do i apply for it ?

                I will go to the post office and show them the visa IR2 stamped .. hopefully it will be enough to get start with the passport process

                Please advise
                Thx a bunch

                Comment


                • #9
                  Originally posted by sun83 View Post
                  Yes my children meet the INA conditions
                  ? they r both under 18
                  ? i am a citizen by naturalization
                  ? they are in my custody ( my husband and i)
                  ? both kids and lawful permanent residents.

                  By why would i apply for the certificate of citizenship if i wont need it for get my children's passport?
                  Also how do i apply for it ?

                  I will go to the post office and show them the visa IR2 stamped .. hopefully it will be enough to get start with the passport process

                  Please advise
                  Thx a bunch
                  If you do meet the criteria, definitely take newacct's advice in regards to getting a US Passport rather than the N-600 Certificate of Naturalization. The cost of a Passport is small, whereas the N-600 is $1,170
                  Marriage AOS - 2018

                  4-10: Sent to Chicago Lockbox
                  4-12: Arrived in Chicago
                  4-14: Picked up by USCIS
                  4-19: Email & text notifications received
                  4-23: I-797 Receipts received
                  4-27: Biometrics notice received
                  5-10: Courtesy letter for I-693
                  5-11: Biometrics completed
                  6-04: Interview scheduled
                  6-09: Received interview letter
                  7-10: Interview complete & approved, status change to New Card being Produced
                  7-13: Card was Mailed
                  7-18: Green Card in Hand

                  Comment


                  • #10
                    1. when you became naturalized citizen, how old were your kids? were they not LPR by then?
                    2. are they your biological kids?
                    3. How did you become naturalized citizen?

                    I think you misunderstood the 5 years requirements. Unless your naturalized using 3 years rule (married to USC), you should have already fulfilled the requirement of 5years rule - which means any of your future offspring will be a USC regardless where they were born. And you just need to do CRBA. No need for Cert of Citizenship.

                    And if your kids were already LPR/GC holder when you naturalist, they should be a USC the same time you got naturalized.

                    Comment

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