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Green Card for U18 in Child Citizenship Act

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  • Green Card for U18 in Child Citizenship Act

    I would just like to confirm if my son, who is under 18 and was granted an immigrant visa under the Child Citizenship Act, will also receive a green card first before applying for naturalization?

  • #2
    What do you mean by "granted an immigrant visa under the Child Citizenship Act"? The child was granted an immigrant visa because you petitioned him to immigrate. Upon entering the US with their immigrant visa, the child automatically becomes a US permanent resident (i.e. green card holder). If, at that time, the child is under 18 and living in the US in the legal and physical custody of a US citizen biological or adoptive parent, the child also immediately becomes a US citizen. They do not need to "apply for naturalization" as this citizenship is automatic.

    Like anyone else who entered the US on an immigrant visa, the child will get the plastic green card if the $220 immigrant fee was paid. But regardless of whether they get the plastic card or not, their immigrant visa, stamped on entry, serves as proof of their permanent residency, and thus can serve as part of the evidence that they became a US citizen.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Hi. Thank you for your reply. I want to clarify if my son, who is 16, will receive a green card while waiting to file for his N600 or passport. He paid the immigrant fee of $220. I am asking this because he needs to travel outside the US using his foreign passport with his immigrant visa with I-551 stamp. I am worried he will not be allowed back to the US without a green card.

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      • #4
        Originally posted by peanne78 View Post
        Hi. Thank you for your reply. I want to clarify if my son, who is 16, will receive a green card while waiting to file for his N600 or passport. He paid the immigrant fee of $220. I am asking this because he needs to travel outside the US using his foreign passport with his immigrant visa with I-551 stamp. I am worried he will not be allowed back to the US without a green card.
        If he paid the immigrant fee, then they should eventually mail the green card. But why does it matter? The immigrant visa turned into an I-551 valid until one year after his entry? Has it been one year since he entered? If it's close to one year after his entry and he hasn't received the plastic green card, he can always call USCIS to get an I-551 stamp.

        Also, it should be pretty quick to apply for a US passport. It's possible to apply directly at a passport agency if you have urgent travel within 2-3 weeks.

        This is my personal opinion and is not to be construed as legal advice.

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