How soon can LPR child of USC gets citizenship upon arrival? (INA 320)

[abumiqdad]

Hi.

Just curious regarding INA 320. I read the links below from DHS and USCIS on the subject matter.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

https://travel.state.gov/content/trip-cancellation-insurance/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html

"How to Show That a Child Is Residing or Has Resided in the United States:

Mere entry into the United States or a temporary visit - even if on an immigrant visa - does not meet INA Section 320?s requirement that the child be "residing in the United States." Determining whether a child is residing/has resided in the United States typically rests on an analysis of both the character and the duration of the stay. A parent may be required to provide supporting evidence regarding a child?s stay in the United States in the legal and physical custody of the U.S. citizen parent(s) in support of the child?s passport application."


1. Any thoughts on how soon upon arrival in the USA that the USC parent can request for a US passport for the child (upon entry, the child is already LPR with I-551 stamp in the passport)? The child will reside with the USC parent.

If anyone had gone through this, can you share some pointers?

Like what documents you need to provide, and how did you start the process?

How long did it take from the beginning of the process up to the delivery of the US passport?

2. Without applying for a US passport, would the citizenship be still happening in the eyes of the law/constitution (as in, the child fulfilled all the requirements according to INA 320, but the parent just did not apply for the passport or N-600). Let's say the child then grew up, went out of the country and then try to come back, would the child be considered as a USC then?

[krypton9591]

Hi.

Just curious regarding INA 320. I read the links below from DHS and USCIS on the subject matter.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

https://travel.state.gov/content/trip-cancellation-insurance/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html

"How to Show That a Child Is Residing or Has Resided in the United States:

Mere entry into the United States or a temporary visit - even if on an immigrant visa - does not meet INA Section 320?s requirement that the child be "residing in the United States." Determining whether a child is residing/has resided in the United States typically rests on an analysis of both the character and the duration of the stay. A parent may be required to provide supporting evidence regarding a child?s stay in the United States in the legal and physical custody of the U.S. citizen parent(s) in support of the child?s passport application."


1. Any thoughts on how soon upon arrival in the USA that the USC parent can request for a US passport for the child (upon entry, the child is already LPR with I-551 stamp in the passport)? The child will reside with the USC parent.

If anyone had gone through this, can you share some pointers?

Like what documents you need to provide, and how did you start the process?

How long did it take from the beginning of the process up to the delivery of the US passport?

2. Without applying for a US passport, would the citizenship be still happening in the eyes of the law/constitution (as in, the child fulfilled all the requirements according to INA 320, but the parent just did not apply for the passport or N-600). Let's say the child then grew up, went out of the country and then try to come back, would the child be considered as a USC then?

is this a biological child or an adopted child? if Biological was the parent a USC at the time that the child was born and if a naturalized USC how long had they been a citizen before the child was bore? if adopted same question applies, was the parent a USC at the time of adoption, if so was the parent a USC by birth or naturalization? if naturalization how long were they a USC before adoption? your original question was somewhat vague, if you could please clarify by answering these questions in order to receive a more detailed and sufficient response.

[abumiqdad]

is this a biological child or an adopted child? if Biological was the parent a USC at the time that the child was born and if a naturalized USC how long had they been a citizen before the child was bore? if adopted same question applies, was the parent a USC at the time of adoption, if so was the parent a USC by birth or naturalization? if naturalization how long were they a USC before adoption? your original question was somewhat vague, if you could please clarify by answering these questions in order to receive a more detailed and sufficient response.

@newacct had answered my question on a different site.

still it wont hurt to clarify here. The child is a biological child of the USC. The USC in question is a natural born USC - born in the USA but had not fulfilled the 5 years requirement to pass the citizenship automatically to his/her offspring.

So while the parent is a USC, the children, when born out of the USA, cannot acquire US citizenship automatically via CRBA. The only option is to petition for the child to get an IV and the child has to enter USA to get citizenship via INA 320.

[djames100]

Hi.

Just curious regarding INA 320. I read the links below from DHS and USCIS on the subject matter.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

https://travel.state.gov/content/trip-cancellation-insurance/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html

"How to Show That a Child Is Residing or Has Resided in the United States:

Mere entry into the United States or a temporary visit - even if on an immigrant visa - does not meet INA Section 320?s requirement that the child be "residing in the United States." Determining whether a child is residing/has resided in the United States typically rests on an analysis of both the character and the duration of the stay. A parent may be required to provide supporting evidence regarding a child?s stay in the United States in the legal and physical custody of the U.S. citizen parent(s) in support of the child?s passport application."


1. Any thoughts on how soon upon arrival in the USA that the USC parent can request for a US passport for the child (upon entry, the child is already LPR with I-551 stamp in the passport)? The child will reside with the USC parent.

If anyone had gone through this, can you share some pointers?

Like what documents you need to provide, and how did you start the process?

How long did it take from the beginning of the process up to the delivery of the US passport?

2. Without applying for a US passport, would the citizenship be still happening in the eyes of the law/constitution (as in, the child fulfilled all the requirements according to INA 320, but the parent just did not apply for the passport or N-600). Let's say the child then grew up, went out of the country and then try to come back, would the child be considered as a USC then?

A child under 18 years old has the same residence as the parent who has custody of the child. To get a passport, the state department will want the following.

1. US citizen's parent proof of us citizenship.
2. Birth certificate showing relationships
3. child's greencard
4. if divorced custody papers to show that the child is in the legal custody of the US citizen parent (This is for checking the child's residence)


The child would get citizenship regardless if he/she has proof of citizenship. But it is recommended to get proof ASAP

[abumiqdad]

A child under 18 years old has the same residence as the parent who has custody of the child. To get a passport, the state department will want the following.

1. US citizen's parent proof of us citizenship.
2. Birth certificate showing relationships
3. child's greencard
4. if divorced custody papers to show that the child is in the legal custody of the US citizen parent (This is for checking the child's residence)


The child would get citizenship regardless if he/she has proof of citizenship. But it is recommended to get proof ASAP

Sorry i do not understand that last line "The child would get citizenship regardless if he/she has proof of citizenship. But it is recommended to get proof ASAP"

[newacct]

Sorry i do not understand that last line "The child would get citizenship regardless if he/she has proof of citizenship. But it is recommended to get proof ASAP"

Citizenship is a matter of law, and, as far as the law is concerned, the child is a citizen immediately when the conditions are satisfied, without any action needing to be taken, even if the government doesn't know that the child is a citizen, and even if the child or parents don't know that the child is a citizen. Once the child is a citizen, they remain a citizen, and can get proof of that citizenship later at any time, even if they have left the US. Of course, it is more convenient to obtain proof (e.g. a passport) sooner rather than later, as documents get lost over time, etc.

[abumiqdad]

Citizenship is a matter of law, and, as far as the law is concerned, the child is a citizen immediately when the conditions are satisfied, without any action needing to be taken, even if the government doesn't know that the child is a citizen, and even if the child or parents don't know that the child is a citizen. Once the child is a citizen, they remain a citizen, and can get proof of that citizenship later at any time, even if they have left the US. Of course, it is more convenient to obtain proof (e.g. a passport) sooner rather than later, as documents get lost over time, etc.

Got it newacct. Thank you!

[abumiqdad]

Now i am in the situation where in need to apply for citizenship based on INA 320, how do i go about providing the necessary documentations - and to where?

Documents i have so far:

Passport with I-551 stamp for the child.

US passport for the USC parent.

SSN card for the USC parent.

Lease agreement for the USC parent.

And that is about it. (not sure how to prove that the child is residing with the USC parent though - if i am asked about it).

So should i mail a copy of those documents to Dept of State ?

[newacct]

Now i am in the situation where in need to apply for citizenship based on INA 320, how do i go about providing the necessary documentations - and to where?

Documents i have so far:

Passport with I-551 stamp for the child.

US passport for the USC parent.

SSN card for the USC parent.

Lease agreement for the USC parent.

And that is about it. (not sure how to prove that the child is residing with the USC parent though - if i am asked about it).

So should i mail a copy of those documents to Dept of State ?

You don't "mail a copy" to the Department of State. If you are in the US, you go in person to a local passport acceptance facility (usually a post office or county clerk), and give them the original documents for proof of citizenship, as well as a copy of those documents, as well as your original ID and a copy of your ID, and they give you your original ID back, and they take your original and copy of documents for proof of citizenship, as well as copy of ID, and they send it internally to the Department of State for you. You will later get the original documents for proof of citizenship back in the mail when they are done with it. So whatever documents you are using for proof of citizenship (even if it includes passports), you will need to be without the originals for a period of time.

About proving the child is residing in the legal and physical custody of the parent, I believe that if the parents are married, a marriage certificate should be enough.

Make sure that the proof of the parent's US citizenship proves that the parent was a US citizen *before* the child turned 18.

[abumiqdad]

You don't "mail a copy" to the Department of State. If you are in the US, you go in person to a local passport acceptance facility (usually a post office or county clerk), and give them the original documents for proof of citizenship, as well as a copy of those documents, as well as your original ID and a copy of your ID, and they give you your original ID back, and they take your original and copy of documents for proof of citizenship, as well as copy of ID, and they send it internally to the Department of State for you. You will later get the original documents for proof of citizenship back in the mail when they are done with it. So whatever documents you are using for proof of citizenship (even if it includes passports), you will need to be without the originals for a period of time.

About proving the child is residing in the legal and physical custody of the parent, I believe that if the parents are married, a marriage certificate should be enough.

Make sure that the proof of the parent's US citizenship proves that the parent was a US citizen *before* the child turned 18.

Ah okay, how long do you feel it would usually take to get the original documents back? a bit concerned if we need the passport to travel (the USC parent's passport - unless birth cert can be considered as proof of Citizenship - the USC is a USC by birth in the USA). The kid's I-551 is in the foreign passport too.

And would the child get a US passport along with the original documents (at the same time) - or would the documents be returned before the passport issuance?