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My son just received his IR2 visa outside the united states of America. Am planning to bring him here get him a passport and let him go back for a period of time to complete his basic education. My question is how long will he gets his US passport  after arriving in the country and also how can he obtain his SSN? He's just 6 years . Thanks very much for your time.

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7 minutes ago, Seowmi said:

My son just received his IR2 visa outside the united states of America. Am planning to bring him here get him a passport and let him go back for a period of time to complete his basic education. My question is how long will he gets his US passport  after arriving in the country and also how can he obtain his SSN? He's just 6 years . Thanks very much for your time.

If your son received an IR2 visa that means he is not eligible for a us passport, only us citizens and (in some cases US nationals) are. For foreign spouses who enter they can apply after 3 years of permanent residency while staying in the marriage. I am not sure if that benefit is afforded to children. So at the very least, it will take 3 years after he moves to the US to be eligible for naturalization. 

 

Also the way you are describing that your son will come and then return to his current country shortly after to go to school is not really allowed. Permanent residence status is only afforded to those who actually live in the United States. He will be at risk of losing his status LPR status if he does not maintain his residence in the US.

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I am confused, is your son a US citizen?  I assume not since he had to get an IR2.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html

 

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.

 

Edit: OP will need to show evidence that the child is residing and has resided in the US, which makes the plan of going back more difficult. But it appears the child is eligible for US citizenship.

Edited by USS_Voyager

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1 minute ago, designguy said:

If your son received an IR2 visa that means he is not eligible for a us passport, only us citizens and (in some cases US nationals) are. For foreign spouses who enter they can apply after 3 years of permanent residency while staying in the marriage. I am not sure if that benefit is afforded to children. So at the very least, it will take 3 years after he moves to the US to be eligible for naturalization. 

 

Also the way you are describing that your son will come and then return to his current country shortly after to go to school is not really allowed. Permanent residence status is only afforded to those who actually live in the United States. He will be at risk of losing his status LPR status if he does not maintain his residence in the US.

I believe if the US based parent is naturalized, then the son would gain citizenship as long as they were an LPR.  This then would require the IR2 which would generate LPR status when the son arrives in the US and therefore they should almost immediately be able to claim USC based on the naturalized parent.  Reading the past posts of the OP, it appears that they have gone through the oath ceremony already, so once the son arrives, they can go for a passport.

 

To the OP as @USS_Voyagerstated you can get a passport in a few weeks or even faster with an expedite.  As to the SSN, you can apply for that either right after he arrives with his LPR status, or wait until after he gets his US passport.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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4 minutes ago, Seowmi said:

i am a US citizen but my son is not.  

Congratulations!  You should update your profile as it still shows Removing Conditions.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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5 minutes ago, Bill & Katya said:

I believe if the US based parent is naturalized, then the son would gain citizenship as long as they were an LPR.  This then would require the IR2 which would generate LPR status when the son arrives in the US and therefore they should almost immediately be able to claim USC based on the naturalized parent.  Reading the past posts of the OP, it appears that they have gone through the oath ceremony already, so once the son arrives, they can go for a passport.

 

Got it. Are you sure that once they land in the US they can just immediately file for a passport? Or would they need to file a N-600k first?

 

Quote

Children residing outside of the United States may obtain citizenship under Section 322 of the INA. A child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:

  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization; 
  • The child’s U.S. citizen parent or U.S. citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;  
  • The child is under 18 years of age;
  • The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
  • The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization. 

To apply for citizenship under INA 322, please see our Form N-600K webpage and read the instructions carefully to ensure that you qualify. 

https://www.uscis.gov/us-citizenship/citizenship-through-parents

 

Quote

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: 
  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
  • The child is under 18 years of age;
  • The child is a lawful permanent resident (LPR); and
  • The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens. To apply for a Certificate of Citizenship under INA 320, please see our Form N-600 page and read the instructions carefully to ensure that you qualify. For more information on the form, see our N-600 Frequently Asked Questions webpage.

EDIT: Scratch the above it would be Form N-600

Edited by designguy

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3 minutes ago, Seowmi said:

thanks very much

You will need to show evidence that the child is residing and has resided in the US, which makes the plan of going back more difficult. But it appears the child is eligible for US citizenship.

 

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.

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1 minute ago, designguy said:

Got it. Are you sure that once they land in the US they can just immediately file for a passport? Or would they need to file a N-600k first?

You don't have to get the N-600. The problem for the OP as I pointed out is that he has to show that the child is residing and has resided in the US, which makes his plans of sending him back more difficult. 

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