INA Section 320 - Citizenship for Children of US Citizen - any experience?

[abumiqdad]

Hi all.

Has anyone here dealt with Citizenship via INA Section 320? Mainly due to the fact that the US Citizen parent, cannot pass down the citizenship automatically BUT then brings the child into the US while the child is on Immigrant visa (I 551 / GC), of which the child would be a US citizen automatically.

Has anyone here dealt with this or had experience on this matter? I would like to hear experiences of others going through of getting the US passport for the child.



Child Citizenship Act of 2000 – Sections 320 and 322 of the Immigration and Nationality Act

https://travel.state.gov/content/trip-cancellation-insurance/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

How Does the Child Get a Passport If Acquisition of Citizenship Is under INA Section 320?


All passport applicants must prove both U.S. citizenship and identity to be issued a U.S. passport. For applicants claiming acquisition of U.S. citizenship pursuant to INA Section 320, the following evidence is required:

A Certificate of Citizenship issued by USCIS (This will also suffice to establish U.S. citizenship if acquisition is under INA 322, discussed below.)
If the child has not been issued a Certificate of Citizenship by USCIS, the passport application must include the following proof of acquisition of citizenship under the INA Section 320:
Proof of the child's relationship to the U.S. citizen parent. For the biological child of the U.S. citizen this will usually be a certified copy of the foreign birth certificate (and translation if not in English). In circumstances where it is not clear that the birth certificate is adequate proof of a biological relationship between the child and the U.S. citizen parent, other types of evidence, including medical and/or DNA tests, may be requested. For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);
Proof that the child is residing or has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) pursuant to a lawful admission for permanent residence. The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or “green” card will establish lawful admission for permanent residence, but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3). Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested;
Proof that the child is or was under the age of 18 when all conditions are met.
Passport application, passport photograph and fees. Go to Passport Services for forms and full instructions.

[newacct]

What is the specific question? Yes, if you are a US citizen you can just go an apply for a US passport.

[abumiqdad]

What is the specific question? Yes, if you are a US citizen you can just go an apply for a US passport.

Well, i was looking for people who had dealt with this specific issue - INA 320 (and surprisingly, even on US Gov websites [travel.state, USCIS], not that many references to INA 320 when talking about citizenship, only on INA 322). And this is a bit obscure case considering that not many people encounter this issue - mainly because usually the citizenship is inherited via INA 322, and INA 320 tends to be used by adoptive parents on adopted child.

"Has anyone here dealt with this or had experience on this matter? I would like to hear experiences of others going through of getting the US passport for the child."

It could be a simple case of providing the State Dept for the documents, but i would want to read the experience of others who would want to share his/her experience of applying for the passport.

[newacct]

Well, i was looking for people who had dealt with this specific issue - INA 320 (and surprisingly, even on US Gov websites [travel.state, USCIS], not that many references to INA 320 when talking about citizenship, only on INA 322). And this is a bit obscure case considering that not many people encounter this issue - mainly because usually the citizenship is inherited via INA 322, and INA 320 tends to be used by adoptive parents on adopted child.

"Has anyone here dealt with this or had experience on this matter? I would like to hear experiences of others going through of getting the US passport for the child."

It could be a simple case of providing the State Dept for the documents, but i would want to read the experience of others who would want to share his/her experience of applying for the passport.

Actually, INA 320 is extremely common. Pretty much every day you will see questions on here about submitting N-600 for Certificate of Citizenship, which are for children who got citizenship automatically through INA 320 most of whom have already gotten US passports. It is pretty easy and straightforward to apply for their US passports. It is true that most INA 320 cases are where the parent and child are both permanent residents and the parent naturalizes, but there are also many cases like yours where the parent is already a citizen and the child immigrates. Legally, there is no difference between the two; the order in which the conditions are met makes no difference.

(INA 322, on the other hand, is very rare. INA 322 is a naturalization process for children residing abroad who did not get citizenship at birth, to get it later without immigrating to the US based on a grandparent's physical presence in the US, where they would have to submit N-600K, and after it is approved, enter the US on a visitor visa (that's why it's only applicable to children who are not immigrating to the US, because they cannot get a visitor visa with immigrant intent) to take the oath before turning 18.)

[abumiqdad]

Actually, INA 320 is extremely common. Pretty much every day you will see questions on here about submitting N-600 for Certificate of Citizenship, which are for children who got citizenship automatically through INA 320 most of whom have already gotten US passports. It is pretty easy and straightforward to apply for their US passports. It is true that most INA 320 cases are where the parent and child are both permanent residents and the parent naturalizes, but there are also many cases like yours where the parent is already a citizen and the child immigrates. Legally, there is no difference between the two; the order in which the conditions are met makes no difference.

(INA 322, on the other hand, is very rare. INA 322 is a naturalization process for children residing abroad who did not get citizenship at birth, to get it later without immigrating to the US based on a grandparent's physical presence in the US, where they would have to submit N-600K, and after it is approved, enter the US on a visitor visa (that's why it's only applicable to children who are not immigrating to the US, because they cannot get a visitor visa with immigrant intent) to take the oath before turning 18.)

Ah when you mentioned about parents being naturalized, i just realized it is common. I did not expect that it also uses INA 320 in that case (that is the child will gain citizenship upon the naturalization of the parent(s) ) which i thought it was just an automatic thing - but of course it must also use some sort of act that congress had passed.

Cool, so my case is no different than other naturalization cases.

[sanjiv.thomas]

The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or “green” card will establish lawful admission for permanent residence,

but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3).

Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested;

I am a little confused on the second line. One one hand I was told that I can apply for my child's passport on arrival into the US on a valid LPR provided all other conditions are satisfied.
He was born outside the US and is arriving for the first time on a valid LPR. He is 11 years old.

so does that mean I need to wait for a certain period before I apply or can I apply soon after he arrives into the US.

[manju s]

Sanjiv, I would like to connect with you. I may be in similar situation with my daughter. I am in Bangalore, India.