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Seowmi

IR2 passport

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3 minutes ago, neilsqueen said:

Right but the mother must fill out the form.  Here is info from the link you shared that says this.

Correct; my post was in response to @H&T

4 minutes ago, neilsqueen said:

The parent that cannot go with the child must:

  • Sign and date Form DS-3053 in the presence of a certified notary public, and
  • Submit a photocopy of the front and back side of the ID that they present to the notary public with Form DS-3053.

For Jamaica, she must go to "the Consular Agency in Montego Bay or the Embassy in Kingston" https://jm.usembassy.gov/u-s-citizen-services/passports/minor-applicants/

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OP

Do not pay the immigrant fee for the child.  The endorsed visa is valid for 1 year as a temporary green card.  Upon entry your son becomes an LPR. Provided your son is now in your physical custody he will be eligible for citizenship at that time.  Provide evidence that he is in your physical custody and now residing in the USA with his passport application.  He should have the passport in hand before leaving. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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18 hours ago, Mollie09 said:

Help? Yes. You'll still need to show he's residing in the US, probably by signing him up for school.

How do USC parents that adopt a foreign infant do it?  I doubt they would be signing them up for school anytime soon, but the child is entitled to becoming a USC upon arrival and endorsement of their IV.  I imagine the OP has some evidence that they will now have physical custody of their child that was presented when the IR2 was decided, that should be enough to show for a passport in my opinion.

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13 minutes ago, Bill & Katya said:

How do USC parents that adopt a foreign infant do it?  I doubt they would be signing them up for school anytime soon, but the child is entitled to becoming a USC upon arrival and endorsement of their IV.  I imagine the OP has some evidence that they will now have physical custody of their child that was presented when the IR2 was decided, that should be enough to show for a passport in my opinion.

Comparing apples to oranges.  International adoptions requires a lot more paperwork than this.  

 

The requirement of the CCA is clear; the child must live in the legal and physical custody of the parent.  

 

A six years old should be enrolled in school.  That's the easiest way to prove that the child lives in the legal and physical custody of the parent. 

 

Merely visiting is not enough.  

 

The law is silent on how long the child must live in the legal and physical custody of the parent.  

 

The solution here is fairly easy.  Child enters US on IR-1, enroll child in school, get US passport, and then do whatever is in the child's best interest.  Easily done in 2 months time.  

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1 hour ago, USS_Voyager said:

Bingo!

Other than having the child spend 2 months that’s not somewhere they do their primary schooling is not ideal especially at that age.  Wonder what the rush to get the child the passport now is anyway, if he is not going to live here. Could do it at any stage that the child would actually move to the US.

 

Edited by SusieQQQ
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  • 3 months later...
 
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