First Time Applicant for US Passport through Child Citizenship Act

[peanne78]

Hello,

My 16-yo old son was recently approved for an IR2 visa through his father. He will fly to the US in April before the validity of the visa expires but has to return to our home country to finish the school year (May-July).

As I understand, since he will acquire citizenship through the Child Citizenship Act, he will need to apply for a US passport and not a green card.

I looked at the US passport requirements and it stated there that primary evidence of US citizenship is the Certificate of Citizenship, which can only be obtained after filing N-600. Current processing time in Nevada is 17 months.

The website also states, however, that the I-551 stamp on his passport can be presented as secondary evidence in case primary evidence is not available.

I want to confirm if this is correct so we can process his US passport as soon as he arrives in the US. I’m worried that the postal offices are not aware of this and might insist on the certificate of citizenship.

[newacct]

Is he the biological child of the father and is the father a US citizen?

It is correct. The immigrant visa, upon entry, turns into an I-551 that is proof of permanent residency equivalent to a green card. (Note: don't say "I-551 stamp"; that is something else.) That, in addition to the father's proof of US citizenship, and proof of the father's custody of him like a marriage certificate, is sufficient evidence to apply for a US passport. If a post office staff is uneducated about this, try a different passport acceptance facility like a county clerk.

[peanne78]

Is he the biological child of the father and is the father a US citizen?

It is correct. The immigrant visa, upon entry, turns into an I-551 that is proof of permanent residency equivalent to a green card. (Note: don't say "I-551 stamp"; that is something else.) That, in addition to the father's proof of US citizenship, and proof of the father's custody of him like a marriage certificate, is sufficient evidence to apply for a US passport. If a post office staff is uneducated about this, try a different passport acceptance facility like a county clerk.

[peanne78]

Thank you for your reply.

As to you answer your questions,

1. Yes, he is the biological son of the US citizen (father).

I have a follow up question though since you mentioned that a marriage certificate is needed as proof of father’s custody. The father and I are not married but he signed acknowledgement of his parental right in our son’s birth certificate. Will that suffice? Is there any other proof of evidence we can submit?

[newacct]

Thank you for your reply.

As to you answer your questions,

1. Yes, he is the biological son of the US citizen (father).

I have a follow up question though since you mentioned that a marriage certificate is needed as proof of father’s custody. The father and I are not married but he signed acknowledgement of his parental right in our son’s birth certificate. Will that suffice? Is there any other proof of evidence we can submit?

There are examples of proof of legal and physical presence in the case of divorced parents, or children born out of wedlock and legitimated, but there is nothing specifically for the case of a child born out of wedlock and never legitimated. Is the child legitimated according to the law of the child's domicile? Do you have some other kind of decree that gives the father at least joint custody?

[peanne78]

Our local laws in the Philippines state that the father’s acknowledgment by signing his name on the birth certificate gives him parental rights and legal custody of the child. Can we both provide an affidavit stating this?