Green Card/AOS or N-600?

[Colleen68 0]

Hello...

I am a Canadian citizen presently living in the US under a TN-Visa. My minor son was born in Canada and lives with me under a TD-Visa. His father is a U.S. citizen and paternity has been established in Ohio, but I have always had custody of him. I am getting married to a U.S. citizen in October and plan to apply for an AOS to get a green card/employment authorization.

I'm confused as to whether I should apply for an AOS for my son or whether it is more appropriate for me to submit the N-600 form. I'm confused about whether he would be approved using the N-600 form because I'm a non-citizen/non-permanent resident and I'm the one who has custody.

Any advice is greatly appreciated!

BTW...I'm an attorney and I have been researching immigration questions as they relate to my own situation and this stuff is soo complex, I'm amazed that anyone can get through this!!

Thanks...

C

[JohnR! 5,495]

Hello...

I am a Canadian citizen presently living in the US under a TN-Visa. My minor son was born in Canada and lives with me under a TD-Visa. His father is a U.S. citizen and paternity has been established in Ohio, but I have always had custody of him. I am getting married to a U.S. citizen in October and plan to apply for an AOS to get a green card/employment authorization.

I'm confused as to whether I should apply for an AOS for my son or whether it is more appropriate for me to submit the N-600 form. I'm confused about whether he would be approved using the N-600 form because I'm a non-citizen/non-permanent resident and I'm the one who has custody.

Any advice is greatly appreciated!

BTW...I'm an attorney and I have been researching immigration questions as they relate to my own situation and this stuff is soo complex, I'm amazed that anyone can get through this!!

Thanks...

C

I can answer 1/2 of your question. If you are in good terms with the father, you should consider the N-600, for your son's American citizenship is his birthright, whereas with AOS he would end up as a LPR first and then as a citizen if he were to become naturalized. As his birthright, his derived citizenship is not affected by your custody.

[Colleen68 0]

I can answer 1/2 of your question. If you are in good terms with the father, you should consider the N-600, for your son's American citizenship is his birthright, whereas with AOS he would end up as a LPR first and then as a citizen if he were to become naturalized. As his birthright, his derived citizenship is not affected by your custody.

I am on good terms with his father, but the more research I do, the more it seems that I cannot file for citizenship as is his birthright because I'm the one with custody, not his father. I would prefer to go this route, as, like you said, my son is entitled to this! But, the custody thing is what throws me off.

Thanks..

C

[JohnR! 5,495]

I am on good terms with his father, but the more research I do, the more it seems that I cannot file for citizenship as is his birthright because I'm the one with custody, not his father. I would prefer to go this route, as, like you said, my son is entitled to this! But, the custody thing is what throws me off.

Thanks..

C

Your son was born abroad, so he could derive citizenship through his father, under 5B, in the first page of the instructiions: http://www.uscis.gov/files/form/n-600instr.pdf

[Harpa Timsah 13,258]

You have a few things to work out. Has the father always been a USC? At the time your son was born, was the father a USC and how long had he resided in the US?

If your son was a USC at birth "through blood" from his father, he should have never been issued a TD visa, but should have been required to get a US passport to enter the US.

I take it you did not submit a "Consular Report of Birth Abroad?"

[Colleen68 0]

You have a few things to work out. Has the father always been a USC? At the time your son was born, was the father a USC and how long had he resided in the US?

If your son was a USC at birth "through blood" from his father, he should have never been issued a TD visa, but should have been required to get a US passport to enter the US.

I take it you did not submit a "Consular Report of Birth Abroad?"

My son's father has always been a USC and had resided in the US his entire life.

How does one get a US passport without a birth certificate saying that he was born in the U.S.??

No, we did not submit a Consular Report of a Birth Abroad. Frankly, it never occurred to me at the time as we were living in Canada and hadn't considered moving to the U.S. at all.

C

[Colleen68 0]

Your son was born abroad, so he could derive citizenship through his father, under 5B, in the first page of the instructiions: http://www.uscis.gov/files/form/n-600instr.pdf

The link you provided says that "Legitimation for INA benefits requires that the child be in legal custody of the legitimating parent(s) at the time of legitimation." At the time paternity was acknowledged, my son was in my custody by operation of Ohio law wherein unmarried females have custody by default from the time of birth until a court rules otherwise. We did not do any thing legal about custody until after paternity was established.

C

[Harpa Timsah 13,258]

http://travel.state.gov/law/family_issues/birth/birth_593.html

You can try to get a Consular Report of Birth Abroad now, or you can apply for the baby's passport directly, using "Secondary evidence of US Citizenship."

Were you ever married to the father? The secondary evidence appears to only work if you were married. http://travel.state.gov/passport/get/secondary_evidence/secondary_evidence_4315.html

You are in a bit of a quagmire here because as I said, the baby should have never been issued a TD visa because citizens are not eligible for visas. What happened at the border when you got your visas?

[JohnR! 5,495]

The link you provided says that "Legitimation for INA benefits requires that the child be in legal custody of the legitimating parent(s) at the time of legitimation." At the time paternity was acknowledged, my son was in my custody by operation of Ohio law wherein unmarried females have custody by default from the time of birth until a court rules otherwise. We did not do any thing legal about custody until after paternity was established.

C

My mistake. I thought you were divorced and I see how that changes the picture.

[Colleen68 0]

http://travel.state.gov/law/family_issues/birth/birth_593.html

You can try to get a Consular Report of Birth Abroad now, or you can apply for the baby's passport directly, using "Secondary evidence of US Citizenship."

Were you ever married to the father? The secondary evidence appears to only work if you were married. http://travel.state.gov/passport/get/secondary_evidence/secondary_evidence_4315.html

You are in a bit of a quagmire here because as I said, the baby should have never been issued a TD visa because citizens are not eligible for visas. What happened at the border when you got your visas?

My son had not been legitimized when we moved into the U.S., so I got a TD Visa for him. They never inquired as to the citizenship of his father. No, we never were married.

C

[Harpa Timsah 13,258]

http://travel.state.gov/law/citizenship/citizenship_5199.html

There is an email address at the bottom of this page.

The way to do this from abroad is to have the father initiate the Consular Report of Birth Abroad. I am not sure if that changes since the child is in the US now.

[Colleen68 0]

http://travel.state.gov/law/citizenship/citizenship_5199.html

There is an email address at the bottom of this page.

The way to do this from abroad is to have the father initiate the Consular Report of Birth Abroad. I am not sure if that changes since the child is in the US now.

Thank you for this link and information. This link makes it sounds so easy, but how does one go about getting official documentation for this without filing something like the N-600 form? Can I simply take the custody papers to the post office and apply for a passport?

Thanks again...

C

[Harpa Timsah 13,258]

Minors must apply for a passport in person: http://travel.state.gov/passport/get/minors/minors_834.html

I would call the Embassy in Canada and speak to a person that deals with this every day. I would ask them if it is possible to get a Consular Report of Birth Abroad when the child is in the US. That would be primary evidence of citizenship.

[kelad 8]

Thank you for this link and information. This link makes it sounds so easy, but how does one go about getting official documentation for this without filing something like the N-600 form? Can I simply take the custody papers to the post office and apply for a passport?

Thanks again...

C

As far as i know, u can get the child a US passport since he is already in the US. When i was doing CRBA for my son and i had called USCIS for information they had told me that there are 2 options, one of which was to apply for passport when in the US. Just call USCIS and asked, they will be able to assist

[WMoore3 0]

We got a US Passport for our son and now are filing the N600 for the Certificate of Citizenship. Do you feel that a COC is needed to prove citizenship or that a US Passport is all the proof that would ever be needed?