Info on Child Citizenship Act- someone said kids don't qualify.

[clairebear24 3]

Hi everyone! I have a question, my biological kids aged 4 and 2 arrived in the US last week. I want to file a US passport for them but accdg to the person in USCIS said they don'5 qualify for that because I wasn'5 able to stay in the US for a year continuously so even upon their arrival, they won't qualify on the Child Citizenship Act of 2000. Upon their interview, I was asked to fill out the I-864W checking that they automatically become citizen thru that act. I am now so lost on what to do

[jan22 2,907]

USCIS does not adjudicate passports -- that's done by the Department of State through one of the passport agencies. They aremuch more familar with the requirements of the Child Citizenship Act. Apply for the passports. Be sure to include copies of their green cards or I-551 stamps.

[EM_Vandaveer 2,370]

If they arrived on immigrant visas and are in the custody of their USC parent then they are USCs now.

Apply for their passports.

[Russ&Caro 1,548]

Is the man you married, the biological father of your kids? And is he the US Citizen, or are you?

[clairebear24 3]

USCIS does not adjudicate passports -- that's done by the Department of State through one of the passport agencies. They aremuch more familar with the requirements of the Child Citizenship Act. Apply for the passports. Be sure to include copies of their green cards or I-551 stamps.

Thank you very much! Will do that instead!

If they arrived on immigrant visas and are in the custody of their USC parent then they are USCs now.

Apply for their passports.

Thank you! Is that the rule even if I wasn't able to stay in the US for a year continuously?

Is the man you married, the biological father of your kids? And is he the US Citizen, or are you?

Yes he is the biological father. I am the US citizen. They're here under the Cr1 and cr2 visa.

[EM_Vandaveer 2,370]

It has nothing to do with your physical presence in the US.

[Umka36 781]

INA Section 320: Children Born Outside of the United States and Residing in the United States; Conditions under which Citizenship Automatically Acquired

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

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

Edited October 18, 2016 by Umka36

[Hanane S 4]

Please don't forget to post what happened when you apply for your kids passport . This will help other people in same situation like yours.. thanks