Citizenship of Minor child,....

vladimiro says on Jan 13, 2006, 15:50:

Many lawyers don't know this, but..... The kid will automatically become a citizen when your wife becomes a citizen. There is no form or anything to fill out. You can just apply for the child's US passport after the mother gets her naturalization document.

When applying for the child's US passport for proof of the child's citizenship provide the mother's naturalization certificate, the child's foriegn birth certificate, and the child's resident alien card(green card) or the passport the child entered the country on(with INS Stamp).

A US passport is proof of US citizenship, but you can also apply for something called a "Certificate of Citizenship". This can take a year or two while the passport application only takes a few weeks. So, its better to go the passport route first, and if you want, apply for the "certificate of citizenship" later.

The applicable law:
-------------------
Naturalization Through One Parent (Born After Feb 28th 1983)

A foreign-born child has a claim to U.S. citizenship under this act if he/she was born after February 28,1983 and is under age 18 when all of the following conditions are met.

At least one parent is a naturalized U.S. Citizen [deleted unapplicable text]

and

The child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), pursuant to lawful admission for permanent residence.

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colombiaboy says on Jan 13, 2006, 18:16:

THANK YOU... that sure seems easy enough-- WOULD ANYONE KNOW IF THE SIGNATURE ON HIS APPLICATION FOR HIS PASSPORT HAS TO BE SIGNED BOTH REAL PARENTS (INCLUDING HIS REAL FATHER FROM COLOMBIA ON THE BIRTH CERTIFICATE)-- ??? or is one signature on the application for his passport sufficient?? I heard of horror stories of this?? as with our case-- the father in Colombia-- refuses to sign anything-- he actually tries to detain us from getting anything or doing as far as going in and out of colombia-- But my wife DID just receive FULL legal custody of the boy-- I hope that would be sufficient to obtain his passport??

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Gator says on Jan 14, 2006, 07:22:

Sr. Vladimiro.... is correct. Both signatures of the parents are required on the application UNLESS one parent appears, signs, and submits primary evidence of sole authority to apply. She will need one of the following:

Child's certified Colombian birth certificate (with translation, if necessary) listing only the mother since she is the applying parent; OR a court order granting sole custody to the applying parent PROVIDED the child's travel is NOT restricted by that order OR
a court order specifically permitting the mother to travel with the child.

Since she has a Colombian court order that should do it. Hopefully she brought a certified copy and a translation of the court order to present with the passport application.

Try here: http://travel.state.gov/passport/get/minors/minors_834.html

Since these are first-time passports you can't do it by mail. She/child must appear in person at a passport issuing office.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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colombiaboy says on Jan 14, 2006, 10:25:

WHAT ABOUT THIS... Her custody papers were notarized and done at a Notario in bogota.. it seems that is where papers are done instead of at a court here...the website a court issuing the custodia...in her document it says in spanish...
1)Custodia y cuidado personal del menor (name) que debe quedar a cargo su senora madre(name).

2). Autorizacion del Senor( name of father) para permisos de salida del pais de su menor hijo(name) cuantos veces sean necesaro.

My question is del pais-- it doesnt say specifically out of the USA-- I would assume it actually is referring to leaving out of colombia because this is what she has to present to DAS to take him out of Colombia---Do you think this will be suficient--

Also it is a original copy from the notario-- but we have no english translation?? do you think a tranlated copy from someone here is suficient or would we have to get it translated in Colombia and notarized as a translated copy at the notario-- this would be dificult(apostile notarized and all)---I AM SO FRUSTRATED-- AS TO EVERY STEP OF THIS WHOLE PROCESS-- WE FIND THINGS ARE ALOT MORE COMPLICATED THAN it always seems.... HAS ANYONE WENT THROUGH THIS PROCESS??? That could give an answer??????? THANK YOU SO MUCH FOR YOUR HELP--

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Gator says on Jan 14, 2006, 13:44:

Yes... if DAS accepted it it should be good to go. I would find a notary fluent in Spanish have he/she translate and notarized (at the same time certifying he/she is fluent in Spanish.)

Again, I would vist the agency who will accept and submit the passport application and make sure you have the proper paperwork. Remember she must appear in person to make application.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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