Passport for a child of Naturalized mother!

[Roselinda 5]

Okay. So I wanted to post a topic about the passport journey for my 10 year old son.

I am a newly naturalized citizen from the UK. My son came over with me over four years ago.

Anyway...I followed everyone's advice on here and the information given at the ceremony and applied for US passports for both myself and my son.

My son was due to fly to London for his vacation so I had to expedite his application, which was the first problem. The passport office informed me to only apply for his expedited as I was not travelling, and it would cost me more money. Not that I was worried. So....her first mistake was copying my certificate and attaching it to my son's. I knew it would be a problem. I was also told that my son HAD to have a US passport to leave the country as his status is now invalid.

I have since found out that this is not the case, and he can actually still travel on his UK passport and Greencard with no problem. So with that being said, I could have saved myself the $200 bucks I paid for the expedite service considering I now have to include a lot of additional things for his application.

Although my son's natural father is on his birth certifcate, in England, he had no legal rights so could not protest against his son being relocated. He never did, and he's a great father so getting an additional letter from him will not be a problem.

So basically what I have since found out from the passport office is that my son can still travel on his UK passport, and greencard and he will have no problems getting into and out of the country.

I hope this makes sense? I will update further once I receive the letter from the passport office with the list of everything I will need to apply for his passport.

[Ontarkie 13,917]

I would be careful following the advice on traveling with his UK passport and green card. When we looked into that we were told no, that the kids were no longer gc holders this was from CBP.

I don't know why they did not put a note on your sons application saying that the certificate was with your application. We did 2 kids and sent them together, they just made a note to look for the other application. Plus the green card should of been sent with the application for your son. So hard to use it to travel on when he won't have it. ( We had a letter requesting the GC) You most likely will get a letter requesting fathers permission or a letter explaining why you don't have it, that is if your custody papers don't have it explained the way they like. I needed to write a very detailed letter to get my youngest his passport.

[Roselinda 5]

Hey Ontarkie!

Yeah! I am expecting a long letter the lady told me on the phone just now. With everything they need. The funny thing is I gave the passport office his greencard but she said they won't need it. Urghh! The lady told me they need his greencard, but if he's going to use it to travel with, just to send it after, as we have 90 days to complete the passport application. She assured me as his passport is valid and his greencard is for 10 years he will be fine as he is not naturalized but is still a permanent resident even without a passport.

They mentioned a form my son's dad could fill in, and also to send a letter explaining the situation, and that his father has no legal rights and get it notarized.

I'm so confused because she told me to let him travel and it will be no problem?? Who did you speak to? CBP??

[Ontarkie 13,917]

We had the same problem with the passport office not taking the green cards, or my court order.

We just emailed the border we would cross at, explained that the kids did not yet have a US Passport or a naturalization certificate as they received citizenship through my naturalization. If they would be able to re-enter the US with their green cards, they pretty much said they need their US passports or their naturalization certificate.

This part has me think she doesn't know what she is talking about. He does not naturalize he is automatically a USC and not a GC holder as soon as you got your certificate. Well that is how it was explained to me, hope fully someone else can shed some light.

She assured me as his passport is valid and his greencard is for 10 years he will be fine as he is not naturalized but is still a permanent resident even without a passport.

[Roselinda 5]

I just spoke to USCIS. They said he can travel freely with his UK valid passport and greencard. Although he is a citizen, until he gets a passport, his greencard is his proof of permanent residency!

His greencard is valid until he gets a US passport and is to be used until then.

Thanks for your input Ontarkie. I'll let you know if he has any problems.

[Ontarkie 13,917]

Please do let us know how it goes, we are told so many different things it is next to impossible to know what is what.

[N400-2011 24]

She assured me as his passport is valid and his greencard is for 10 years he will be fine as he is not naturalized but is still a permanent resident even without a passport.

Your son is NOT a permanent resident anymore. The minute you became a citizen, so did he. I really wouldn't trust that he can travel with his UK passport and greencard. He is a US citizen.

Thankfully, I had no issues getting my son his passport in 2011 (it was passport day so we could go directly to the passport agency without an appointment). Submitted everything that was required for my passport and card and for my son's. That was on a Saturday, and the agent told me not to bother paying for overnight or even to expedite it (wasn't travelling anyway) but we got everything back the following Wednesday (can only assume because it was passport day and the place was empty - nobody seemed to know).

Hopefully it will turn out alright for his holidays.

Edited June 6, 2013 by N400-2011

[Markieboy 104]

I just spoke to USCIS. They said he can travel freely with his UK valid passport and greencard. Although he is a citizen, until he gets a passport, his greencard is his proof of permanent residency!

His greencard is valid until he gets a US passport and is to be used until then.

Thanks for your input Ontarkie. I'll let you know if he has any problems.

I'm experiencing some troubles somewhat similar to your case.

N400-2011 is correct, though. Your son is no longer a permanent resident. He is a U.S. citizen.

Your son is NOT a permanent resident anymore. The minute you became a citizen, so did he. I really wouldn't trust that he can travel with his UK passport and greencard. He is a US citizen.

Thankfully, I had no issues getting my son his passport in 2011 (it was passport day so we could go directly to the passport agency without an appointment). Submitted everything that was required for my passport and card and for my son's. That was on a Saturday, and the agent told me not to bother paying for overnight or even to expedite it (wasn't travelling anyway) but we got everything back the following Wednesday (can only assume because it was passport day and the place was empty - nobody seemed to know).

Hopefully it will turn out alright for his holidays.

[newacct 688]

I was also told that my son HAD to have a US passport to leave the country as his status is now invalid.

I have since found out that this is not the case, and he can actually still travel on his UK passport and Greencard with no problem.

Of course no one will stop him from leaving the U.S., because 99% of the time there are no checks when you exit the U.S. But that does not mean it's legal. There is a law that U.S. citizens must use a U.S. passport to leave and enter the U.S. (There are some exceptions, but none of them apply to air travel.)

[Roselinda 5]

Okay....thanks guys for all your input.....I know my son is now a US citizen also. I called the passport office and USCIS and spoke to two individuals who said my son can travel on his greencard freely and then apply for a passport once he returns.

His passport application is going to take longer than expected even though I paid for expedited service because we need some documentation from his natural father, he needs the actual copy of my naturalization certificate which is going through with my own application.

His greencard is still valid until he has a passport in his hand. The USCIS agent told me that it has to remain valid because not everyone can afford or will even try to get a passport, however the greencard has to be turned in in order for him to get his passport. So they advised me to let him travel and then on his return continue with his passport application. I've spoken to a number of people in different offices and was told the same thing by all of them. As long as his UK passport is valid he is fine to leave and re-enter.

I know we hear all different things which is why I made so many calls today.

He's leaving on Wednesday so I guess I'll know either way on his return.

[NickD 202]

You certainly have to send in all the paperwork or trail that, that child is yours. But proof of sole custody should die once that child turns 16 or permission from that other don't give a darn biological parent is required if that child is under 16.

Should not be any new news on the subject, already learned it far more difficult and expensive to bring a child here than the parent during the AOS stage. Almost a free ride during the ROC stage just paying 80 bucks extra per kid for those ten year cards. But then for US citizenship, tell you your kids under 18 years of age with green cards are a US citizen just like you are.

But without any proof, to get that proof need to lay out another 600 bucks with that N-600, but for the sponsor also frees you of that I-864 without further legal problems. And when that kid turns 18, they can apply for their own passport and only require that certificate.

Curious as how you are going to make out with your senator or congressman, while they have full jurisdiction over the USCIS, the DOS and NVC are under the executive branch and entirely different agencies than the USCIS, even though all are suppose to be under the Department of Home Security, even more bureaucrats that got there by helping the president get elected.

Know there is always an issue about paying that extra 600 bucks, but that kid has every right to have the certificate like you do. Just pay it, makes life a lot simpler.

[Roselinda 5]

NickD!

You lost me!? Pay what?? I've applied for a passport but it has to be put on hold until I get all the new documentation.

What $600 should I pay? My son is only 10 years old.

[BigDaddy28 228]

NickD!

You lost me!? Pay what?? I've applied for a passport but it has to be put on hold until I get all the new documentation.

What $600 should I pay? My son is only 10 years old.

Nick is saying that it's better to apply for the N600 which costs $600. Just to be safe because if your son grows up and God forbids he looses his passport, he won't have a proof that he is a US citizen. So apply for the certificat eof citzenship and get it over with USCIS. That way when your son grows up and God forbids he looses his passport he will have his certificate to prove that he a US citizen without going through the hassle later with USCIS.

[NickD 202]

It's a frustrating situation and I don't know why they do it like they do.

With the AOS you have to bring all kinds of proof that kid is yours and you have to have permission from that other parent. If you don't have that proof, that child will never receive a green card. Now, is this a fact of life or not?

So if you show the DOS that green card, why don't they just issue that passport, but want more proof and permission all over again.

Than at your oath ceremony, you are encouraged to bring your kids along so they can tell them, they are now US citizens just like you are. But, you turn in your green card and get a certificate in its place, while your kids walk out the door with their green cards. They are still LPR's when you walk out that door.

Here is another small point, between that start of that AOS process and the earliest time you can receive US citizenship, did that other parent ever place kidnapping charges against you? Vast majority of kidnapped kids deal with divorced parents with the FBI, also an international crime.

If you have done everything 100% legally you can only ask, and no charges against you for kidnapping that kid, how did my stepkid get that green card in the first place. My stepdaughter couldn't even renew her home country passport, her biological father tried to blackmail us during the AOS stage, but our card was to enforce some 12 years of child support payments he never made. But with that over, didn't have anything left to bargain with for his permission for her to get a passport, except give him $10,000 in cash that I wasn't about to do. So she had to wait until she was 18!

And if this wasn't bad enough, once she entered her home country, they would never let her leave without his permission again! Something else for you to check before leaving.

[Roselinda 5]

Oh no...no charges. Never! He's a great dad....it just didn't work for us. He has no legal right even though he is on the birth certifcate as we were never married. We got documentation from Children Services in UK just to prove it. However, if the child was born after December 2003, regardless of whether the parents were married, if the father is on the certificate he now has legal rights. My son was born before then and he's been back and forward every year to visit his dad and family. His dad actually pays for his flights...so we have no problems. Thankfully.

I will just get some more information on my son's return and then complete the passport application then.

I'm not going to shell out $600 when my son can get a passport, but just needs the required documents which I have no problems with getting.