Legal Resident AND US Citizen. What to do when on the limbo?

[Precious 2]

So, I have a 17 year-old son, who is a LPR and automatically ( as they say) became a US Citizen through me - a recently US Naturalized citizen.

I have my brand new US passport and already have an appointment scheduled for him to get his US passport.

Thing is, he is getting his permanent driver's license and we have to fill out the forms, and one of the questions is: 'Are you a US citizen?'

I don't know what would be the 'correct' answer, as we don't have proof of his citizenship yet. But answering that he is a LPR is also true and not true?

I'm confused on this limbo. Help anyone?

Thanks!

[aaron2020 11,651]

There is no limbo. He's a US citizen. Just because the paperwork hasn't been updated yet does not negate the fact that he is a US citizen. He is not an LPR. He is a US citizen.

[Precious 2]

Ok, so should I check the box 'US Citizen"? We have yet no paper to support the clim and I guess they will want to see something at the DPS...

[Fight for Love 98]

who got the US passport your son or you?

seems that you recently got approved to be US citizen? am I right?

to answer your question, "NO". his not US citizen yet not until he adjust his status. my half sisters come here in the US under 14 yrs old and our dad his a US citizen already. but yet my sister need to apply for US citizenship.

same thing with my friend...she come in the US when she was 12 yrs old and her parents are both US citizen. she did apply for US citizenship too. I think you need to fill up something (not sure what form) to make him automatic US citizen.

I guess both my half sister and my friends parent (my dad) regret to file that in behalf of their child.

anyways my suggestion. to avoid problem in the future (of him claiming US citizen) ask a immigration lawyer. goodluck

I found this link from the USCIS...

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Edited May 15, 2013 by Fight for Love

[Precious 2]

who got the US passport your son or you? I did, I'm a naturalized US Citizen

seems that you recently got approved to be US citizen? am I right?

to answer your question, "NO". his not US citizen yet not until he adjust his status. my half sisters come here in the US under 14 yrs old and our dad his a US citizen already. but yet my sister need to apply for US citizenship.

same thing with my friend...she come in the US when she was 12 yrs old and her parents are both US citizen. she did apply for US citizenship too. I think you need to fill up something (not sure what form) to make him automatic US citizen.

I guess both my half sister and my friends parent (my dad) regret to file that in behalf of their child.

anyways my suggestion. to avoid problem in the future (of him claiming US citizen) ask a immigration lawyer. goodluck

I'm afraid this is not right. Under the child act he is automatically an US Citizen. He is a Legal Permanent Resident and, before he turns 18 I have the right to apply for his US passport, as he gained his citizen through me.

[Fight for Love 98]

well that's up to u. but base on this link.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

you need to file form N-600.

goodluck...hopefully you won't get your son in trouble one day cz of him claiming to be US citizen.

[Hypnos 6,576]

If the son became a US citizen under the Child Citizenship Act (2000) then an N-600 is not required. You can apply for it, but it is purely voluntary. You can jump straight to a US passport if that is your wish.

http://travel.state.gov/visa/immigrants/types/types_1312.html

If you wish to obtain a US passport for the child, follow these instructions: http://travel.state.gov/visa/immigrants/types/types_1312.html#7

[Precious 2]

well that's up to u. but base on this link.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

you need to file form N-600.

goodluck...hopefully you won't get your son in trouble one day cz of him claiming to be US citizen.

I'm based on information on THIS link:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

and as far as I understand, he automatically gained his citizenship through me.

I don't want to put him in any trouble, that the reason I put out the question. I also don't intend to have him claiming citizenship, if I was not 100% sure. But I do have a genuine question about what to check on the forms, as at this time, we have no proof of his citizenship, which we WILL have as soon as he receives his US passport, in a few weeks.

Thanks!

[Precious 2]

If the son became a US citizen under the Child Citizenship Act (2000) then an N-600 is not required. You can apply for it, but it is purely voluntary. You can jump straight to a US passport if that is your wish.

http://travel.state.gov/visa/immigrants/types/types_1312.html

If you wish to obtain a US passport for the child, follow these instructions: http://travel.state.gov/visa/immigrants/types/types_1312.html#7

Thanks, we have scheduled a passport 'interview' at the post office already.

I'm still confused about the driver's license form and which block to check, though, as we won't have his passport ready at the time of his driver's test.

[Hypnos 6,576]

Since you have no proof of his US citizenship until his US passport is approved, I would wait to apply for his driver's license until the passport is in your hands. Explaining the intricacies of US immigration law to a DMV employee will not be a pleasant experience; perhaps they could hold open the application until you are able to show them proof of his US citizenship, but either way I'm sure they won't just give him a licence and take his word at face value that he is a citizen (even though he is).

Passport -> DMV is the order in which I would do it.

You should also prepare yourself for the post office employee to be equally unfamiliar with the Child Citizenship Act. I would go armed with a print-out of the section I cited above, and be prepared to explain why your son has now become a citizen. Be aware: the post office does not hire people for their intelligence, so you may need to speak slowly and with easy to understand words until they get it.

I hope it goes smoothly!

Edited May 15, 2013 by Hypnos

[aaron2020 11,651]

well that's up to u. but base on this link.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

you need to file form N-600.

goodluck...hopefully you won't get your son in trouble one day cz of him claiming to be US citizen.

You are wrong in every way.

First, there is no "need" to file the N-600. It's a good idea but not a requirement. A person can be a US citizen without a US passport or N-600.

Second, the child is a US citizen so there is no problem with "claiming to be a US citizen."

The child AUTOMATICLY gets US citizenship when he meets the 4 requirements of the Child Citizenship Acr. NO PAPERWORK IS REQIRED to prove his status. However, it's a good idea to get proof in the form of a US passport or N-600. Neither pieces of paper is required to prove US citizenship.

------

Follow your link. Did you read the automatic citizenship rule for a foreign born child under age 18 who is an LPR residing with a US citizen parent? I suspect not. Google "Child Citizenship Act" also.

Edited May 15, 2013 by aaron2020

[Precious 2]

Since you have no proof of his US citizenship until his US passport is approved, I would wait to apply for his driver's license until the passport is in your hands. Explaining the intricacies of US immigration law to a DMV employee will not be a pleasant experience; perhaps they could hold open the application until you are able to show them proof of his US citizenship, but either way I'm sure they won't just give him a licence and take his word at face value that he is a citizen (even though he is).

Passport -> DMV is the order in which I would do it.

You should also prepare yourself for the post office employee to be equally unfamiliar with the Child Citizenship Act. I would go armed with a print-out of the section I cited above, and be prepared to explain why your son has now become a citizen. Be aware: the post office does not hire people for their intelligence, so you may need to speak slowly and with easy to understand words until they get it.

I hope it goes smoothly!

Thanks, Hypnos, I was thinking on these same terms. Delay the driver's license and go back with his passport in hand, much easier process.

The employee of the post office I went to seemed to know about the act - as I was scheduling my son's appointment at the time of my own application he suggested some further date until I could get my Certificate back on the mail.

I have everything now and I hope it will go smoothly for my son. But I WILL indeed get all the weapons re. paper work and much patience!

Best!

[Precious 2]

You are wrong in every way.

First, there is no "need" to file the N-600. It's a good idea but not a requirement. A person can be a US citizen without a US passport or N-600.

Second, the child is a US citizen so there is no problem with "claiming to be a US citizen."

The child AUTOMATICLY gets US citizenship when he meets the 4 requirements of the Child Citizenship Acr. NO PAPERWORK IS REQIRED to prove his status. However, it's a good idea to get proof in the form of a US passport or N-600. Neither pieces of paper is required to prove US citizenship.

------

Follow your link. Did you read the automatic citizenship rule for a foreign born child under age 18 who is an LPR residing with a US citizen parent? I suspect not. Google "Child Citizenship Act" also.

Thanks aaron, I 'll do. I also have the info I obtained at my Oath Ceremony

[DaveE 178]

Just be advised that USCIS and State Department do not share databases for passport issuance.

My K2 stepdaughter became a US citizen when I adopted her. State Department issued her a passport right away with no issue. Local post office said they see this a lot.

Time to remove conditions for mom, and USCIS (Vermont) threw a fit. They flat rejected my wifes applicaton because I did not include my K2 daughter. I included a copy of her passport, adoption decree, new Georgia birth certificate, and a letter of explanation with the app.

Angry as he11, we went to Atlanta (infopass), and were basically told to shut up and color. The State Department and USCIS systems are not linked. Although we were required to provide a copy of the green card to prove legal residence on her passport application, the passport issuance is not reported to USCIS.

Bottom the is that Atlanta told me if I didn't want my wife going out of status I would file for ROC for my daughter even though they acknowledged that she was a citizen. They told me they could not separate my wife and daughter in the system until ROC was complete.

We are now waiting for her 10 year green card just to turn it back in to USCIS with a copy of her passport.

[didopage 337]

to answer your question, "NO". his not US citizen yet not until he adjust his status. my half sisters come here in the US under 14 yrs old and our dad his a US citizen already. but yet my sister need to apply for US citizenship.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

There is a difference between applying for citizenship, and applying for a certificate of citizenship.

You apply for citizenship when you want to become a naturalized citizen. -> form N-400 This is called citizenship by naturalization.

You apply for a certificate of citizenship when you are already a US citizen and that you want a proof of it. -> form N-600