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Thread: Citizenship/Passport for Minor Stepchild

  1. #1

    Default Citizenship/Passport for Minor Stepchild

    What a great thing that I found this forum! My wife will be naturalized this Friday, 28 March. She's quite excited. Immediately thereafter she'll be applying for her US Passport. As I understand, and correct me if I'm wrong, we can also apply for a passport for my minor stepdaughter; which will also give her citizenship. Is this correct? Additionally, I am told that we just need to complete the passport application for her and submit with her mother's certificate of citizenship and proof of ID. She has been a permanent resident since 1993, in my custody since then, is not married, and will still be a minor when her mother is naturalized. (I am a citizen by birth).

    Any additional guidance will be appreciated. Especially in the area of what criteria my stepdaughter must meet and/or any additional documents we need to gather to submit.

  2. #2
    Attorney at Law Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher's Avatar
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    Default Re: Citizenship/Passport for Minor Stepchild

    How old is your stepdaughter?
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  3. #3

    Default Re: Citizenship/Passport for Minor Stepchild

    Ron,
    She is 17, 18 in August

  4. #4
    Attorney at Law Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher's Avatar
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    Default Re: Citizenship/Passport for Minor Stepchild

    Take proof of your marriage, her birth certificate, your passport, and your passport to the passport office and apply for her US passport. She is a citizen.
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  5. #5

    Default Re: Citizenship/Passport for Minor Stepchild

    Thanks Ron,
    So that's our marriage certificate (we were married in Honduras), my passport, my wife's new US passport, and her birth certificate. Correct?

  6. #6
    Attorney at Law Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher's Avatar
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    Default Re: Citizenship/Passport for Minor Stepchild

    That is correct. You need to prove that you and your wife are her parents, that she was under 18 when her mom naturalized, and that both parents are US citizens.
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  7. #7

    Default Re: Citizenship/Passport for Minor Stepchild

    Thanks Ron, for assisting me in making sure we do this right.
    Mark

  8. #8
    Attorney at Law Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher's Avatar
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    Default Re: Citizenship/Passport for Minor Stepchild

    Mark,

    Here is the governing statute:

    Sec. 320 Children Born Outside the United States and Residing Permanently in the United States; Conditions Under Which Citizenship Automatically Acquired

    (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

    (1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

    (2) The child is under the age of eighteen years.

    (3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
    (b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).
    Since your stepdaughter is defined as your "child" by the terms of the Immigration and Nationality Act, she is a US citizen right now.
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