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Q: GETTING US CITIZENSHIP ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: GETTING US CITIZENSHIP
Category: Relationships and Society > Law
Asked by: bgm-ga
List Price: $10.00
Posted: 19 Apr 2005 09:51 PDT
Expires: 19 May 2005 09:51 PDT
Question ID: 511373
How long does it take to get the US citizenship for a child who meets
all the requirements of Clinton´s Child Citizenship Act of 2000
(Public Law 106-395)?

1) How (step by step) and where does the formal procedure must be
done?  Is it at the airport with an immigration officer, when entering
for the first time to the USA? or at the INS office?

2) After getting the US Citizenship, how long it would take to get a US passport?
Answer  
Subject: Re: GETTING US CITIZENSHIP
Answered By: denco-ga on 19 Apr 2005 12:44 PDT
Rated:5 out of 5 stars
 
Howdy bgm-ga,

I have gone through this exact process with my (now) 3 1/2 year old
daughter.  I am going to use "you" and "your child" throughout this
answer, even though I understand that this might not be the case.

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

If this is for you and your child, congratulations!

First, when you entered the United States, your child should have received
a stamp in their foreign passport from U.S. Immigration.  It is a red stamp
that would have a "class" of IR3 and a number written below that starts with
an "A" followed by an 8 number sequence.  This number is important, and is
referred to as the INS (or it might be USCIS these days) "A" number.

The stamp will have language such as "Processed for I-551..." and it will
have a "valid until" date written in as well.

Within a few weeks (17 days in my case) you should get a "Notice of Action"
(I received 2 copies of it) that welcomes your child to the United States.
It also tells you that your child will receive a "Permanent Resident Card"
which is also known as a "green card" even though it isn't green.  This is
"automatic" (triggered by your child's entry into the U.S.) so you don't
need to do anything for this to happen.

Within 3 weeks (it was 3 days in my case) after you receive your child's
"welcome" mail, you should get your child's "green card" in the mail and
you will need that for the next step.  This too is "automatic" and should
not need any action by yourself.

I possibly took a different route at this point and applied for my child's
passport.  You can get the form online or most local post offices.  I did
this because getting a passport for my daughter was easier and faster than
getting her Certificate of Citizenship.  It took around 4 weeks (your time
may vary) for that.  Here is a link to the passport application.
http://travel.state.gov/passport/forms/ds11/ds11_842.html

The passport application and the application for Certificate of Citizenship
do not depend on each other, so you can do them at the same time, but I
might warn against that as you might want to use your child's "green card"
to apply first for your child's passport (you need to send the original)
and then for your child's Certificate of Citizenship.  Believe it or not,
you'll be surrendering the "green card" for the Certificate of Citizenship.

The next step that I took was applying for her Certificate of Citizenship.
You can get this form from the U.S. Citizenship and Immigration Services
(USCIS), formerly the Immigration and Naturalization (INS), web site.
http://uscis.gov/graphics/formsfee/forms/n-600.htm

This can take awhile, depending on where you live.  Here is the USCIS web
page that gives you their current schedules.
https://egov.immigration.gov/cris/jsps/ptimes.jsp

It took around 10 weeks to get my daughter's Certificate of Citizenship.

Once you get your child's passport, you will want to get a Social Security
(S.S.) number for your child.  Here is where to get that form online.
http://www.ssa.gov/online/ss-5.html

You will need, more or less, the following for the entire process:
- photos for the passport application (specific format)
- photos for the Certificate of Citizenship (a different specific format)
- final adoption papers with English translations
- parent's or parents' proof of citizenship
- parent's or parents' birth certificates
- child's foreign passport
- child's "green card"
- child's U.S. passport (for the Social Security number)

You might also need such things such as (if applicable) parents' marriage
certificate, parent's/parents' passport/driver's license, child's doctor's
records (for the Social Security card), etc.

You should read the most recent requirements in detail before sending off
any forms or applications.  Use certified mail for all applications.

Fees involved:

Passport - $82-$97 depending on the child's age
Certificate of Citizenship - $200
Social Security number - No Fees

It took around 5 months total for the above for my daughter.  Once you
have the above done, you might have some final court process, at least
I did go through some.

Keep in mind that your child was a U.S. citizen automatically when they
were brought onto American soil.  That said, for all sorts of reasons,
you will want to do all of the above anyway.

Also make sure you check the "Adoption Credit" forms for your taxes.
http://www.irs.gov/taxtopics/tc607.html

If you need any clarification, please feel free (absolutely do ask for it,
because this is an important process) to ask.


Search strategy:

Personal experiences and referenced the pertinent web sites.

US Department of State (passports) - http://travel.state.gov/passport/
USCIS - http://www.uscis.gov/
Social Security - http://www.ssa.gov/
IRS - http://www.irs.gov/

Looking Forward, denco-ga - Google Answers Researcher

Clarification of Answer by denco-ga on 19 Apr 2005 18:42 PDT
The process should take less time for you, bgm-ga, than it did for me.  I
checked some of the USCIS processing times and they seemed to have been cut
somewhat since I went through it all.

As well, I now remember that I took a "holiday" break between the processing
of the  passport and the Certificate of Citizenship processing, so you might
be able to get the whole process done in 4 months or so.

Looking Forward, denco-ga - Google Answers Researcher

Request for Answer Clarification by bgm-ga on 20 Apr 2005 09:35 PDT
Dear denco-ga
Thank you for your answer. It is definitely very well detailed and I
belive you deserve the highest raiting. Nevertheless, because of the
type of visa you mentioned (IR3) this could not be my case because my
daughter got an IR2 visa.
For family reasons my child was born abroad and she was given the IR2
visa in her foreign passport at the US Embassy in her country of
birth. In theory, reading the US Citizenship Act of 2000, she is a
candidate to receive immediately the US citizenship once entering the
US. In practice, it is not clear for me if she will receive at the
port of entry some document that validates her citizenship and allows
her to get the US passport.
Possibly the process you described applies for either the IR3 or IR2
visas, but considering that these are two different types of visa I
suspect the process could be shorter. What do you think?
Thank you.

Clarification of Answer by denco-ga on 20 Apr 2005 11:25 PDT
Howdy bgm-ga,

I know that this is all a bit confusing.  I had the same thoughts when
I came back to the U.S. with my daughter, went through airport check,
and in a few minutes walked away.  I was thinking I should have been
given something other than the stamp in my daughter's passport.  But,
as in my case, that is all you probably are going to get, or need,
other than one different form than I had.

In your case, you should have been issued a "Consular Report of Birth
Abroad of a Citizen of the United States of America."  This document
is also referred to as the "Consular Report of Birth" or FS-240.  From
the U.S. Department of State web site.
http://travel.state.gov/family/family_issues/birth/birth_593.html

"... the Consular Report of Birth and the Certificate of Citizenship
are equally acceptable as proof of citizenship."

You will probably be asked to present that form on entry to the U.S.

You are right in that the process might be shorter for you because of
the IR-2 status of your daughter, but the process should be the same.
From the USCIS "How to Get a Certificate of Citizenship for Your Child"
web document.
http://uscis.gov/graphics/publicaffairs/factsheets/chowto.htm

"If you are want a Certificate of Citizenship for a biological child,
you file Form N-600, Application for Certificate of Citizenship ..."

In fact, on the N-600 form instructions, it has the following:
http://uscis.gov/graphics/formsfee/forms/files/N-600.pdf

"Proof of U.S. citizenship - Examples of this ... an FS-240, Report
of Birth Abroad of United States Citizen ..."

The passport application process is independent of the Certificate
of Citizenship process.  From the U.S. Department of State web site.
http://travel.state.gov/passport/get/minors/minors_834.html

"Special Requirements for Children Under Age 14
...
1. Provide Application Form DS-11
...
2. Submit Proof of U.S. Citizenship (for minors under age 14)
...
For proof of citizenship, you will need to submit one of the following:
...
Report of Birth Abroad (Form FS-240) ..."

The DS-11 form can be downloaded here.
http://travel.state.gov/pdf/DS-0011.pdf

You should be able to apply for a Certicate of Citizenship and passport
for your daughter at the same time, and if all goes well, you could get
the passport in a month, and the Certificate of Citizenship in under
three months.

I wouldn't worry about the time it takes to get the Certificate of
Citizenship, as the FS-240 appears to be just as good, but I would still
get one.  The fees for the N-600 is $240 in this case, and the passport
fees should be $82.  Still don't forget getting a Social Security number
for your daughter.

You should not get any documents, etc. on entry to the U.S., as the
FS-240 should be your daughter's "ticket" for her passport as well as
her Certificate of Citizenship process.  If you do not have an FS-240,
please inform me of which form (if any) you do have and the name of the
country of her birth, and I will check further on what needs to be done,
if anything.  Thanks!

Looking Forward, denco-ga - Google Answers Researcher

Request for Answer Clarification by bgm-ga on 16 May 2005 11:50 PDT
Dear Denco,
Hope you remember my "case". My daughter did not receive a Consular
Report of Birth in Peru because my wife could not show enough evidence
of her staying in the USA for more than 5 years, two of them after the
age of 14. In addition, If it were the case, she would not have had to
get the resident status and count on the childs citizenship act.

Instead, because of our intention to live here, her mother's US
citizenship and my residence status, my baby received the IR-2 visa
(permanent residence)and she entered with this visa into the USA. With
this status, she met all the requirements of the Child Citizenship Act
and -apparently- ahe got the US citizenship at the port of entry.

At the airport, she received a regular stamp in her passport at the
Homeland security office(not the I-555), validating her entrance, and
we were explanied that she will receive by mail her green card. Nobody
took a photo or fingerprints at the airport, so it is not clear for me
if she will receive her green card directly of after doing additional
procedures.

Regarding the passport, and considering she doesn't have the "ticket"
(the consular report of birth), I don't  know what oher document I
must use as evidence of citizenship... I think that I must get the
Certificate of Citizenship as a valid evidence, but I have doubts
regarding this sequence...it does not make much sense for me to obtain
the certificate as a first step in the process of getting the US
Passport. In addition, can you please explain me if you have had an
interview before getting your child's Certificate of Citizenship? or
simply you filed the documents? (which? if you have time to answer..).

Thank you very much!!! It is almost impossible to get this information
in the web o by phone.

Clarification of Answer by denco-ga on 16 May 2005 19:47 PDT
Welcome back, bgm-ga!

At this point, the procedures should be relatively straight forward.

First, for the time being, you shouldn't have to do anything else
but wait for your daughter's "green card" to show in the mail.

Once you receive that, then you can, and probably should apply for
both her Certificate of Citizenship (CoC) and her passport.  Again,
these are separate processes, and her "green card" is now the key
document that you will use to prove her "automatic" citizenship for
both documents.

Again, unless time is a real issue, I would advise on getting her
passport first, and then getting her CoC, especially since you will
be using her "green card" for both processes.

For the passport, here is the process.  You will want to read the
original document in detail as it has specifics that must be followed.
The form can be filed at many places, including some U.S. Post Offices.
Comment(s) in brackets [...] are mine.
http://travel.state.gov/passport/get/minors/minors_834.html

"Special Requirements for Children Under Age 14
...
1. Provide Application Form DS-11
...
2. Submit Proof of U.S. Citizenship
...
For proof of citizenship, you will need to submit one of the following:
...
Certificate of Citizenship or Naturalization ["green card"] from BCIS.
...
3. Present Evidence of Child's Relationship to Parents/Guardians
...
Certified Foreign Birth Certificate (with parents' names and translation,
if necessary)
...
4. Provide Parental Identification
...
Valid Drivers License
...
5. Present Parental Application Permission Documentation 
...
6. Provide Two Passport Photos
...
7. Pay the Applicable Fee
..."

The total current fees for a minor's passport is $82.00.

For the CoC, here is a general list of things you will need.  You
will want to read the original of the following document in detail
as there are specifics which need to be followed, such as non-English
documents needing to be translated into English.  Again, comment(s)
in brackets [...] are mine.
http://uscis.gov/graphics/formsfee/forms/files/N-600.pdf

"N-600, Application for Certificate of Citizenship
...
What Documents Must You Submit?
...
Photographs - (Only required of the person to whom the Certificate
of Citizenship will be issued).
...
Birth certificate or record - A certified birth certificate or record
issued by a civil authority in the country of birth.
...
Marriage certificate(s) - Certified marriage certificate(s) issued by
a civil authority in the state or country of marriage.
...
Proof of U.S. citizenship [for the parent(s)]
...
Copy of Permanent Resident Card ["green card"] or other evidence of
Lawful Permanent Resident status - (Only required for applicants ...
automatic acquisition of U.S. citizenship while under the age of 18
under section 320 of INA.)
...
Proof of required residence or physical presence in the United States
[for the parent(s)]
..."

The cost for the N-600/CoC is $240.00.

As my situation was an adoption, the process appears to have been a bit
different in more ways than one than it will be for you.  I did not have
to go through an interview, and other than going through the initial
process, only had to go to the USCIS/BCIS/INS office to pick up the CoC.
In turn, I had to file lots more paperwork, etc. than you do.

It appears that you, your wife and daughter will have to appear in person
at the time you initially file the N-600 at your local USCIS/BCIS/INS
office, and there might very well be an interview at that time.

If you need further clarification, please feel free to ask.  Congratulations.

Looking Forward, denco-ga - Google Answers Researcher

Request for Answer Clarification by bgm-ga on 17 May 2005 06:54 PDT
Dear Denco,

Thanks again for your details...I posted a new question because I did
not know you could be alert to the original question once again. I see
you are here!!

There is something still not clear. In your answer you mentioned: "For
proof of citizenship, you will need to submit one of the following:
Certificate of Citizenship or Naturalization ["green card"] from
BCIS." Is the green card considered as the Certificate of Citizenship
or something similar? Why is it "the key document" in order to prove
citizenship? when it only evidences the status of permanente
residence?

Furthermore, if the green card proves citizenship, why the visa IR-2
in my daughter's passport couldn't be used as well? It clearly states
"Serves as temporary evidence of lawful permanent residence". I
thought the only documents to prove citizenship were the Certificate
of Citizenship and the passport.

In the other hand, my daughter was not photographed nor fingerprinted
at the airport; do you think her green card is on process even though
she has not been photographed? Don't you think a photo session +
fingerprints will be needed before?

Finally, please feel free to copy-paste your last clarification as the
answer to my second question, I will gladly consider that it is
already answered!

Thank you very much.
Best regards,
BGM

Clarification of Answer by denco-ga on 17 May 2005 09:26 PDT
Howdy bgm-ga,

I have posted the response to your clarification request as the answer to
your second question, as you have kindly allowed.  I have placed further
clarification to address your concerns, as part of that answer as well.

http://answers.google.com/answers/threadview?id=522379

Thanks!

Looking Forward, denco-ga - Google Answers Researcher
bgm-ga rated this answer:5 out of 5 stars
Very well detailed answer and very informative.

Comments  
Subject: Re: GETTING US CITIZENSHIP
From: denco-ga on 20 Apr 2005 11:58 PDT
 
Thanks for the kind comment and 5 star rating, bgm-ga.

Looking Forward, denco-ga - Google Answers Researcher

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