Can I get a US passport with immigrant visa ?

[Seowmi 2]

The divorce didn’t happen in the America . I have the divorce documents but it doesn’t state whether  I have a custody of my son or not.. thanks guys for ur contributions on this topic 

[Chancy 6,233]

11 minutes ago, Seowmi said:

I have the divorce documents but it doesn’t state whether  I have a custody of my son or not.

 

You need a legal document stating that you have sole or joint custody of your child.  Without such a document, your child with likely not be getting a US passport.  Passport offices are typically more strict than consulates when it comes to evidence of legal custody.

 

[nastra30 1,980]

39 minutes ago, Seowmi said:

The divorce didn’t happen in the America . I have the divorce documents but it doesn’t state whether  I have a custody of my son or not.. thanks guys for ur contributions on this topic 

@Seowmi Just ask yourself, are you both still responsible for your son even in divorce? If so, you need to ask his biological mom to schedule appointment at US Embassy and have DS-3053 notarized. If you believe you have sole custody then you need to show court proof of that; otherwise, again you'll need that DS-3053 from his mom.

Alternatively, you can also wait till your son is 16 years to have some wiggle room to get him a passport with only one parent's (yours) consent; up to you.

[Mike E 11,723]

11 hours ago, Seowmi said:

My son arrived in the country almost a month ago with an immigrant visa and am a us citizen. My son has been enrolled in one of the Elemantary schools in my city. My question is can I apply a US passport for him with his immigrant visa since I don’t know when the actual green card will be in the mail ?

Is his mother willing to sign a document granting you legal custody (full or partial) of your son?

 

 If so, get legal assistance drafting an agreement that is is valid for your state, and have his mother sign it.  

 

Get at least three original agreements with her and your wet signatures.  

 

Send the one original with his passport application.

 

This needs to happen before his 18th birthday and I suspect will need to be notarized. 
 

Also get a passport card - it is an inexpensive second proof of citizenship.  

 

Once he has his passport and passport card, I suggest filing N-600 to get his certificate of citizenship.  While a passport is adequate for most purposes for sone positions in the federal government and the military a certificate of citizenship is needed. It is also needed for registering to vote online in Tennessee.  

 

 

 

[Seowmi 2]

Thanks guys I appreciate ur contributions 

[Lilmama 19]

19 hours ago, Unlockable said:

No.

 

Only US citizens get US passports. Your son is not a US citizen so he can not get a US passport.

Not true. He can. Please read information on the travel.State.gov

Same case for my daughter. 

[Chancy 6,233]

7 hours ago, Lilmama said:

Not true. He can.

 

Only if the child meets all the requirements to acquire US citizenship under INA 320.  Turns out the OP does not have any document showing that he has legal custody of his child, which is one of those requirements.  Hopefully the OP can sort out that issue so he can move forward with getting a US passport for his son.

 

[SusieQQQ 11,584]

To clarify on custody from the actual uscis manual:

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4
 

Legal and Physical Custody of U.S. Citizen Parent

Legal custody refers to the responsibility for and authority over a child. For purposes of this provision, USCIS presumes that a U.S. citizen parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:[8]

- A biological child who currently resides with both biological parents who are married to each other, living in marital union, and not separated;

- A biological child who currently resides with a surviving biological parent, if the other parent is deceased;

- A biological child born out of wedlock who has been legitimated and currently resides with the parent;

- An adopted child with a final adoption decree who currently resides with the adoptive U.S. citizen parent;[9]

- A child of divorced or legally separated parents where a court of law or other appropriate government entity has awarded primary care, control, and maintenance of the child to a parent under the laws of the state or country of residence.

USCIS considers a U.S. citizen parent who has been awarded “joint custody” to have legal custody of a child. There may be other factual circumstances under which USCIS may find the U.S. citizen parent to have legal custody to be determined on a case-by-case basis.

 

 

Edited July 24, 2021 by SusieQQQ