Citizenship for my adopted son on IR2 visa?

[mejms 0]

Hi everyone,

 

I am a U.S. citizen by birth.  I adopted my Mexican wife's biological son four years into our marriage while we were all living in Mexico.  The adoption took place entirely in Mexico and my son's birth certificate now has me listed as the father.

 

My son was issued an IR2 visa, which he continues to have to this date.  I would now like to secure his U.S. citizenship.  Did he become a citizen upon entering the U.S.?  I am unclear on whether I must apply for his certificate of citizenship by filing the N-600 (and paying the exorbitant fee of $1,170) or apply for his U.S. passport without the certificate?  Due to the huge difference in price between filing the N-600 and applying for the passport, I'd much prefer the latter.

 

Is the certificate of citizenship a necessary next step in securing my son's citizenship?

 

Thanks for your feedback!

[Private One 44]

 

 

 

Application for a US Passport 

 

 PROOF OF U.S. CITIZENSHIP

See here: https://eforms.state.gov/Forms/ds11.pdf

Quote

- If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your
U.S. citizen parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the
applicant was born on or after 02/28/1983.)
ADDITIONAL EVIDENCE: You must establish your citizenship to the satisfaction of the acceptance agent and Passport Services. We may ask
you to provide additional evidence to establish your claim to U.S. citizenship. Visit travel.state.gov for details

 

Edited May 26, 2017 by Private One
Correction

[mejms 0]

Thank you for posting.  The info that you quoted from the passport application instructions seems a bit nebulous.  There doesn't seem to be a clear answer as to whether a certificate of citizenship is required in order to apply for the passport.  It says that I must submit:

 

1) Proof of my son's permanent residence status (his green card);

2) Proof of the adoption; 

3) Proof of my custody.  

 

It then says that I may be asked for additional evidence of citizenship, which I imagine could be the certificate of citizenship.

 

Does this mean that I should begin by applying for my son's passport and see the response?  And if I do apply for his passport but it isn't immediately approved, what happens to my payment for the passport?

[Jojo92122 1,924]

If your son was under age 18 when he immigrated to the US, then automatically gained US citizenship under the Child Citizenship Act.

 

Your son does not need the expensive and useless N-600 Certificate of Citizenship. 

 

Your son can apply for a US passport.  It will serve as proof that he's a US citizen.  You do not need the N-600 Certificate of Citizenship for him to apply for his passport.

 

He will need proof that you are a US citizen.  Your US passport would be the best evidence.

Edited May 26, 2017 by Jojo92122

[mejms 0]

12 hours ago, Jojo92122 said:

If your son was under age 18 when he immigrated to the US, then automatically gained US citizenship under the Child Citizenship Act.

 

Your son does not need the expensive and useless N-600 Certificate of Citizenship. 

 

Your son can apply for a US passport.  It will serve as proof that he's a US citizen.  You do not need the N-600 Certificate of Citizenship for him to apply for his passport.

 

He will need proof that you are a US citizen.  Your US passport would be the best evidence.  

 

Thanks for the reply.  It looks like I'm in murky waters with how to proceed.  I understand that a U.S. passport will serve as proof of his citizenship, but I also realize that he needs proof of citizenship in order to get his passport.

 

I think that I will apply for this passport.  If they request a certificate of citizenship, I will have to file.  Worst case scenario, I may lose the passport application fee of $80 if the passport is denied for lack of evidence for U.S. citizenship.  Even then, it may not be denied and just deferred to USCIS.

 

From the instructions for US passport application:

 

Quote

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or evidence described below: - If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable. - If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth. - If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your U.S. citizen parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the applicant was born on or after 02/28/1983.)

 

 

[Allnamesweretaken 0]

On 5/25/2017 at 5:53 PM, mejms said:

Hi everyone,

 

I am a U.S. citizen by birth.  I adopted my Mexican wife's biological son four years into our marriage while we were all living in Mexico.  The adoption took place entirely in Mexico and my son's birth certificate now has me listed as the father.

 

My son was issued an IR2 visa, which he continues to have to this date.  I would now like to secure his U.S. citizenship.  Did he become a citizen upon entering the U.S.?  I am unclear on whether I must apply for his certificate of citizenship by filing the N-600 (and paying the exorbitant fee of $1,170) or apply for his U.S. passport without the certificate?  Due to the huge difference in price between filing the N-600 and applying for the passport, I'd much prefer the latter.

 

Is the certificate of citizenship a necessary next step in securing my son's citizenship?

 

Thanks for your feedback!

Do u have any update on your case about getting passport for your child? I may have the same case as u.