citizenship obtained through Child Citizenship Act 2000 - having trouble proving it

[Tiekey 1]

Hi,

I'm posting on behalf of a friend of mine.

My friend is a US Citizen by birth, married to an alien. He has two children, who did not derive citizenship, as my friend did not live in the US for enough time before their birth. Earlier this year, they were in the US on a visit (entered via the visa waiver program) and for various reasons, they decided to stay in the US. They applied for AOS, which was granted, so the wife and kids received Green Cards. (Kids are aged 6 and 4).

My understanding is that as soon as the kids received the GCs, they automatically became US Citizens as per section 320 of the Child Citizenship Act 2000 (see http://travel.state.gov/visa/immigrants/types/types_1312.html#2 What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

• Have at least one American citizen parent by birth or naturalization;
• Be under 18 years of age;
• Live in the legal and physical custody of the American citizen parent; and
• Be admitted as an immigrant for lawful permanent residence."

And that no certificate (N600) is required. (ibid #6)

They are currently out of the US, and applied for a US passport for the kids in the US consulate, but were refused as "the only evidence of US citizenship we accept is a US birth certificate, a CRBA, or a certificate of naturalization/citizenship".

Surely they are wrong (or am I?) and if so, how does my friend appeal the refusal?

Many thanks

[newacct 688]

You are correct. They are U.S. citizens (assuming they actually lived with the U.S. citizen parent for some amount of time).

You said they are now out of the U.S. and don't have a U.S. passport. So they didn't leave the U.S. with a U.S. passport? You know, U.S. citizens are required by law to enter and exit the U.S. with a U.S. passport. So they could be in some trouble there.

As for the consulate, the person they talked to must not know what they're talking about. You do not have to have any of those things to be a U.S. citizen or to apply for a U.S. passport. Perhaps they could try again and talk to another officer? or ask to talk to a supervisor?

I guess, in the worst case, they could apply for a Certificate of Citizenship. However, that takes several hundred dollars and takes many months to complete, so it may not be in time for what they need. Plus it really should not be necessary.

Alternately, a simpler solution might be to try to enter the U.S. using their still-valid green cards. Technically, they are U.S. citizens, so they should not use the green cards anymore. However, the U.S. government has no knowledge of them being U.S. citizens, and it's not that "wrong" to enter using a green card (they are claiming a lesser status than what they really are, not a greater status); plus they can always claim to be ignorant of the fact that they were automatically citizens. Once in the U.S., they can apply for a passport at any of the million places here with people who are hopefully more knowledgeable about the requirements to get a passport.

[HeatDeath 431]

The reason a Certificate of Naturalization is not normally required is because the Passport Agencies, at least in the US, will issue a passport to a child who obtained naturalization from their parents, if they are provided with documentation proving each of the four conditions of the CCA2000 Act, which you quoted above.

It sounds like the consulate you talked to, assuming the employee you talked to wasn't mistaken, has a different policy, which is a realistic possibility You can try to talk to a supervisor and get a second opinion, but if the employee was correct about what documents the consulate will accept, you'll pretty much just have to bite the bullet and order certificates of citizenship for the kids.

I would not recommend trying to enter the US on their green cards without first talking to the consulate and/or CBP section at whatever airport you'll be flying in to.

[newacct 688]

The reason a Certificate of Naturalization is not normally required is because the Passport Agencies, at least in the US, will issue a passport to a child who obtained naturalization from their parents, if they are provided with documentation proving each of the four conditions of the CCA2000 Act, which you quoted above.

It sounds like the consulate you talked to, assuming the employee you talked to wasn't mistaken, has a different policy, which is a realistic possibility You can try to talk to a supervisor and get a second opinion, but if the employee was correct about what documents the consulate will accept, you'll pretty much just have to bite the bullet and order certificates of citizenship for the kids.

I would not recommend trying to enter the US on their green cards without first talking to the consulate and/or CBP section at whatever airport you'll be flying in to.

So, if this consulate is picky about the documents they accept, and they need to travel in the next few months (Certificate of Citizenship takes several months to get), they have no recourse?