Passport for myself and child ( Mike E please view)

[Happyt2 1]

 I just received my citizenship and I am applying for my passport for myself and Child. he is an LPR in my full legal custody. He has only been in the US for two years and has lived with me the whole time , from what I have read I should include the Childs school and medical , our tax, MY auto registration , deeds  and other documents to prove that we have resided together at the same address for the complete two years ( we moved one ) is this correct ?   ( Mike E any suggestions ? ) 

 

• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

 

 

FAQ: Child Citizenship Act of 2000

You may provide any documents which show you reside in the United States such as school or day care records, utility bills, employment records, automobile registrations, deeds or property rental leases, medical records, or passport stamps. 

 

Only children residing in the United States are eligible to automatically acquire U.S. citizenship under Section 320 of the Immigration and Nationality Act.

 

Your residence is the primary place in which you live. Entering the United States or temporarily visiting the country – even if on an immigrant visa – usually does not meet the requirement to reside in the United States. As such, legal permanent residence cards are not evidence of residing in the United States.

 

 

[Mike E 11,723]

Looks good. I would consider getting him state photo ID. I have seen too many cases where the passport acceptance clerk at USPS refuses to include the evidence of physical custody thus generating an RFE.

Whereas, it seems inconceivable the clerk would refuse to send a copy of photo ID from each of you.

 

State photo ID will show the same address.

 

The law says he only needs to reside with you for as little as a single date  since your naturalization for him to be a U.S. citizen. Thus any evidence showing co-residency on or after the date of naturalization works. 

Edited July 4, 2023 by Mike E

[Happyt2 1]

Thank you Mike E his has a state ID and we will include that also. So you are saying that the evidence only needs to be the date of my naturalization and after , not before that date  ? 

[Mike E 11,723]

9 minutes ago, Happyt2 said:

Thank you Mike E his has a state ID and we will include that also. So you are saying that the evidence only needs to be the date of my naturalization and after , not before that date  ? 

That is the strict interpretation of the law.

 

If he moved out your home the day before you naturalized: he is not a U.S. citizen.

 

If he moved in the day of or after you naturalized: he is a U.S. citizen.

 

 

[Happyt2 1]

3 hours ago, Mike E said:

That is the strict interpretation of the law.

 

If he moved out your home the day before you naturalized: he is not a U.S. citizen.

 

If he moved in the day of or after you naturalized: he is a U.S. citizen.

 

 

Thank you mike I do have a question about this :reside in the country in the legal and physical custody of a U.S. citizen parent.

 

Legal ?

 

His bio father is deceased and I have the death certificate do I need court papers for legal custody ?

 

 

 

 

[Mike E 11,723]

9 minutes ago, Happyt2 said:

Thank you mike I do have a question about this :reside in the country in the legal and physical custody of a U.S. citizen parent.

 

Legal ?

 

His bio father is deceased and I have the death certificate do I need court papers for legal custody ?

 

 

 

 

The death certificate for the passport application should be sufficient to

 

* show legal custody and

*  moot his father’s permission for the passport application.