319b Derivide citizenship though 319 route (split)

[Sean&Tracey 3]

Hi I don't know if anyone has the answer to this question or has been in my situation! But I got my citizenship via the 319b route last year. I thought my 15-year-old son would also automatically gain citizenship through me (he was living in the US with me and has a green card), but when I went to the US embassy in London to get our passports, his was denied. The agent said that my son could apply for his passport when we move back to the USA. But having looked into it a little more, I have read that my son needed to be living with me in the USA at the time of me gaining citizenship. Maybe I've read it wrong, but as I gained my citizenship because my spouse (who is not my son's father) was stationed abroad working for a US company and I was living with him abroad with my son, that was obviously not the case, and now my son may not be able to gain citizenship through me. If that is the case, it looks like he might have slipped between the cracks. My husband is still stationed abroad and it has been over a year since traveling back to the US which means my son's green card could potentially now be invalid. We are traveling back there on the 19th January and I am a little nervous about it! I don't want that every time we go over the year. Does anyone know if he does gain citizenship through me, and, if so, can we apply for his US passport when we travel back there? Thank you in advance!

[OmarStuck 24]

4 hours ago, Sean&Tracey said:

Hi I don't know if anyone has the answer to this question or has been in my situation! But I got my citizenship via the 319b route last year. I thought my 15-year-old son would also automatically gain citizenship through me (he was living in the US with me and has a green card), but when I went to the US embassy in London to get our passports, his was denied. The agent said that my son could apply for his passport when we move back to the USA. But having looked into it a little more, I have read that my son needed to be living with me in the USA at the time of me gaining citizenship. Maybe I've read it wrong, but as I gained my citizenship because my spouse (who is not my son's father) was stationed abroad working for a US company and I was living with him abroad with my son, that was obviously not the case, and now my son may not be able to gain citizenship through me. If that is the case, it looks like he might have slipped between the cracks. My husband is still stationed abroad and it has been over a year since traveling back to the US which means my son's green card could potentially now be invalid. We are traveling back there on the 19th January and I am a little nervous about it! I don't want that every time we go over the year. Does anyone know if he does gain citizenship through me, and, if so, can we apply for his US passport when we travel back there? Thank you in advance!

Please take a look at this as it might help you:

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html#:~:text=The Child Citizenship Act of,acquire U.S. citizenship at birth.

[Ontarkie 13,947]

~~Hijack post along with related reply split to their own thread.~~

[Chancy 6,233]

On 1/4/2023 at 8:38 AM, Sean&Tracey said:

I thought my 15-year-old son would also automatically gain citizenship through me (he was living in the US with me and has a green card), but when I went to the US embassy in London to get our passports, his was denied.

 

Did you take your US oath while you were physically in the US?  If so, was your son in the US with you at the time?  If not, and your son has not returned to the US since you became a US citizen, then the consulate is correct to deny your son a US passport as he is not a US citizen (yet).  As you were told, apply for his US passport after you and your son return to the US.  Note that he has until his 18th birthday to be able to automatically derive US citizenship through you, so you both must return to the US before then.

 

[Sean&Tracey 3]

Hi Chancy

 

Yes I took my oath in the US and my son was with me. Where do I find documentation that says that this is the case? I've done some more research since writing my post and it looks like we both had to be actually living in the US at the time of me getting citizenship, not just visiting. But if there is something that says my son just had to be physically present in the US at the time that would be great! We are returning to the US on the 19th January, but not to live just yet. Just to visit. Would it be possible to apply for his passport while we are there visiting?

Many thanks

[da95826 387]

1 hour ago, Sean&Tracey said:

I've done some more research since writing my post and it looks like we both had to be actually living in the US at the time of me getting citizenship, not just visiting. But if there is something that says my son just had to be physically present in the US at the time that would be great!

For your child to become an US citizen by law:

Your child needs to be under 18 years old

The minor child must have their own green card

Be in your care and custody residing in the USA 

You be a US citizen

 

All must be true at the same time.