Jump to content

How soon can LPR child of USC gets citizenship upon arrival? (INA 320)

11 posts in this topic

Recommended Posts



Just curious regarding INA 320. 







How to Show That a Child Is Residing or Has Resided in the United States:

Mere entry into the United States or a temporary visit - even if on an immigrant visa - does not meet INA Section 320’s requirement that the child be "residing in the United States." Determining whether a child is residing/has resided in the United States typically rests on an analysis of both the character and the duration of the stay. A parent may be required to provide supporting evidence regarding a child’s stay in the United States in the legal and physical custody of the U.S. citizen parent(s) in support of the child’s passport application.



Any thoughts on how soon upon arrival in the USA that the USC parent can request for a US passport for the child?


If anyone had gone through this, can you share some pointers?


Like what documents you need to provide, and how did you start the process? 


How long did it take from the beginning of the process up to the delivery of the US passport?

Share this post

Link to post
Share on other sites

sorry, should have clarified that.


LPR child = entered with immigrant visa, so the child will get I-551 stamp upon entry, which will make the child LPR upon arrival into the USA.


Child  = below 18 


Yes, the child will come and live with the USC parent throughout the time in the USA.

Share this post

Link to post
Share on other sites

Upon entry, the child automatically becomes a US citizen.  Getting a US passport should take about 1-2 months after applying.


Google "4 requirements of Child Citizenship Act."


Google "get us passport child citizenship act."



Share this post

Link to post
Share on other sites

referring to my original post, focusing on what i had quoted, i am curious of how one go about proving that the child is already residing in the USA (especially upon entry).


and whether the form can be submitted day 2 upon arrival.


Googling the 2 search strings will point to the 2 links i shared above (DHS and USCIS links talking about INA320).


Share this post

Link to post
Share on other sites

Now i am in the situation where in need to apply for citizenship based on INA 320, how do i go about providing the necessary documentations - and to where?

Documents i have so far:

Passport with I-551 stamp for the child. 

US passport for the USC parent. 

SSN card for USC parent. 

Lease agreement for the USC parent


And that is about it. (not sure how to prove that the child is residing with the USC parent though - if i am asked about it).


So should i mail a copy of those documents to Dept of State ? 

Share this post

Link to post
Share on other sites
47 minutes ago, HiFi21 said:

Hey Abum, please tell us how the process goes for you and what proof you needed for residency and how long it took. 

i will do this maybe next week or so. will update once i have submitted the application.

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.