INA320 based eligibility

[amitmaha]

Request a quick reply.  Thank you.

 

Wife, daughter and I are GC holders.  

 

Wife completed 5 years on GC and daughter completed 4 years on GC.

 

Wife's citizenship filed.  

 

Question is - IF wife's citizenship is approved, 

 

INA ACT 320 on USCIS website says

"A child born outside of the US "automatically" becomes a citizen of the US when at least one parent of the child is a citizen of the US"

 

So, can child's passport (US) be applied assuming "automatic" citizenship? 

Or does N-600 need to be filed, Certificate of citizenship be obtained, and US passport after that?

 

Thanks!

 

[newacct]

4 hours ago, amitmaha said:

Request a quick reply.  Thank you.

 

Wife, daughter and I are GC holders.  

 

Wife completed 5 years on GC and daughter completed 4 years on GC.

 

Wife's citizenship filed.  

 

Question is - IF wife's citizenship is approved, 

 

INA ACT 320 on USCIS website says

"A child born outside of the US "automatically" becomes a citizen of the US when at least one parent of the child is a citizen of the US"

 

So, can child's passport (US) be applied assuming "automatic" citizenship? 

Or does N-600 need to be filed, Certificate of citizenship be obtained, and US passport after that?

 

Thanks!

 

If on the day you or your wife becomes a US citizen (takes the oath) your daughter is still under 18 and living in the US with you guys, yes, she automatically and involuntarily becomes a US citizen on that day, without doing anything. From that day on, as a US citizen, she can apply for a US passport at any time, with her green card, plus you or your wife's Certificate of Naturalization, plus your marriage certificate. She does not need to get a Certificate of Citizenship first.

[pontevecchio]

The main proof of US Citizenship is the Passport as per previous supreme court rulings. Make sure she gets her passport as soon as your wife becomes a citizen. The N-600 is not mandatory or necessary.

[amitmaha]

Thank you for your replies.

From what I understand now the child's passport can be filed immediately.

How about the need of certificate of citizenship?  Doesn't the GC/card have to be invalidated officially as part of the procedure?

Thank you once again!

[pontevecchio]

I would ask you to keep it simple and not assume procedures not existing. Just get a Passport for your child as soon as the mom gets sworn in.