R-2 Child Citizenship Act after entry – US passport application

[Alıs 0]

Hi everyone,

I have a question regarding IR-2 visa and Child Citizenship Act (INA 320).

I am a US citizen parent. My children (under 18) will enter the US with IR-2 visas and become lawful permanent residents upon entry.

Our situation:
- Children are under 18
- I am a US citizen
- We will enter the US together
- We have a US address (family home, bank account, utilities, etc.)
- We will establish residence in the US

My questions:

1) Will my children automatically become US citizens under the Child Citizenship Act after entry?

2) Is the I-551 stamp enough proof to apply for a US passport?

3) Has anyone successfully applied for a US passport in this situation?

4) What documents did you provide as proof of residence and custody?

We will have:
- Lease / housing proof
- Bank account
- USCIS/NVC mail sent to US address
- Utility bills

I would really appreciate hearing from anyone with real experience.

Thank you!

[Boiler 48,941]

Did you got through the CRBA process

 

Also look at a Naturalisation Certificate

[pushbrk 14,507]

4 minutes ago, Boiler said:

Did you got through the CRBA process

 

Also look at a Naturalisation Certificate

And that is the correct question. If the children have CRBAs, then the answer is yes. Just apply for US Passports after entry.  

[S2N 697]

19 minutes ago, Boiler said:

Did you got through the CRBA process

IR-2 generally wouldn’t be granted by a consulate for anyone with a CRBA as it isn’t needed, this has come up here before with people mad the consulate wouldn’t let them go forward with the visa application because the child was CRBA eligible. Consulates can’t grant visas to citizens.

 

19 minutes ago, Boiler said:

Also look at a Naturalisation Certificate

Not needed. USCIS automatically mails a citizenship certificate upon entry if eligible (source). If they mail a green card, they would file N-600 to get a citizenship certificate instead, but could still apply for a passport first since State has an obligation to grant if the parents can prove US citizenship and a USCIS issued certificate isn’t required.

 

OP — to your initial question, you can apply for a passport now with the I-551 stamp and other documentation (listed here; secondary evidence -> I became a U.S. citizen through my parent who naturalized or through the Child Citizenship Act of 2000)

 

It lists all the documents you would need. If there’s no immediate need for a passport, I would wait for the citizenship certificate to come as it means you have to send less paperwork to the government as its primary evidence. If there’s an immediate need, the website I linked explains what to send.

Edited 44 minutes ago by S2N

[Alıs 0]

17 minutes ago, S2N said:

IR-2 generally wouldn’t be granted by a consulate for anyone with a CRBA as it isn’t needed, this has come up here before with people mad the consulate wouldn’t let them go forward with the visa application because the child was CRBA eligible. Consulates can’t grant visas to citizens.

 

Not needed. USCIS automatically mails a citizenship certificate upon entry if eligible (source). If they mail a green card, they would file N-600 to get a citizenship certificate instead, but could still apply for a passport first since State has an obligation to grant if the parents can prove US citizenship and a USCIS issued certificate isn’t required.

 

OP — to your initial question, you can apply for a passport now with the I-551 stamp and other documentation (listed here; secondary evidence -> I became a U.S. citizen through my parent who naturalized or through the Child Citizenship Act of 2000)

 

It lists all the documents you would need. If there’s no immediate need for a passport, I would wait for the citizenship certificate to come as it means you have to send less paperwork to the government as its primary evidence. If there’s an immediate need, the website I linked explains what to send.

My children entered the U.S. on IR-2 visas and received an I-551 stamp. Can we apply for U.S. passports now at a USPS passport acceptance facility in Rochester?”
thanks your ınformatıon 

[S2N 697]

21 minutes ago, Alıs said:

My children entered the U.S. on IR-2 visas and received an I-551 stamp. Can we apply for U.S. passports now at a USPS passport acceptance facility in Rochester?”
thanks your ınformatıon 

As they obtained US citizenship by action of law when they physically resided with a US citizen parent in the US, yes, you can apply for a passport under the Child Citizenship Act.

 

It might be worth it waiting for USCIS to mail the citizenship certificates to apply if there’s no travel plans in the next year or so, because that would require less documentation.

 

The link I gave above lists out what is needed as secondary proof when applying for a passport under the Child Citizenship Act; I’ve reproduced below for ease. Anything below with “you” is referencing the person who will be granted a passport (your children):

 

• Your foreign birth certificate listing your parent(s)
• Evidence of your parent’s U.S. citizenship such as a U.S. birth certificate, Consular Report of Birth Abroad (CRBA), or naturalization certificate
• Evidence of your permanent residence status. Examples include:
  • Permanent Resident Card/Green Card
  • Foreign passport with the original I-551 visa entry stamp
• Your parents' marriage certificate (if your parents were married when you legally entered the U.S. and before your 18th birthday) 
• Documentation of legal custody when you entered the United States, if your parents were not married at that time. If your parents divorced after you entered the United States, provide documentation of legal custody at the time of your parent’s naturalization 
• Evidence that you resided in the United States in the legal and physical custody of your U.S. citizen parent. 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 alone are not evidence of residing in the United States.
• You need proof of residing in the United States with your U.S. citizen parent. Please provide at least two of these documents:
  • School or day care records
  • Utility bills
  • Employment records
  • Automobile registrations
  • Deeds or property rental leases
  • Medical records
  • Passport stamps             
• Evidence of your legitimation (if your parents were not married at the time of your birth). Legitimation means a father – whose child was born when he was not married – establishes a full legal relationship to his child. Establishing this relationship gives the father the same rights and obligations as if his child had been born while married to the child’s mother.
• Examples of legitimation include:
  • Your parents' marriage certificate dated after your birth
  • Certified court order of legitimation 

This link explains in more detail and this page contains the list I posted above. Note that any foreign documents not in English must have a professional translation with a notarized letter from the translator.

 

If you can wait to get a passport until USCIS automatically mails the citizenship certificate, it’ll probably be more straightforward. If you can’t, then yes, you still have the right to apply now.

 

If you choose to apply immediately, I would print out the two pages I linked above to bring with you in case the local worker hasn’t seen a case like this before. I also might apply immediately for a passport if you get nothing in the mail from USCIS within 90 days or if they mail you a green card instead.

Edited 4 minutes ago by S2N