8老師好!我在2015年以綠卡的身份收養的養子,我2018年獲得公民身份。養子在2019年獲得綠卡。現在綠卡滿五年, N-400申請公民,被拒,理由是:
“On the date you obtained permanent residency, you were 15 years old, and were residing in the legal and physical custody of your father. Therefore, you may have acquired U.S citizenship through your mother as of the date of your approved I-485 application. See section 320 of the Immigration and Nationality Act (INA) and Title 8, Code of Federal Regulations (8 CFR), section 320.2”
“For this reason, we have denied your Form N-400, Application for Naturalization. You may apply for proof of U.S. citizenship by filing an application for a U.S. passport with the Department of State, or by filing Form N-600, Application for Certificate of Citizenship. See section 341of the Immigration and Nationality Act (INA).“
意思是說他在2019年獲得綠卡時,就自動獲得了公民身份,所以不應該再申請N400。請問真的是這樣嗎?我查了一下the Immigration and Nationality Act section 320 ,似乎是說小孩可以“Automatic Acquisition of Citizenship”。真的沒有想到。特地向您請教。
那他下一步是申請N-600申請公民證書嗎?
-Yes if he wants to get his US citiznship certificate.
有什麽注意的嗎?
-No. Just follow the N-600 Instruction to complete the Form N-600 and prepare the documents.
另外,我看他沒有辦法直接申請護照,對嗎?因為護照要求公民紙或美國出生證。
-He can apply for his US passport now (not have to have the US citizenship certificate). Just bring his green card, his birth certifcate, your adoption certificate, your US naturalization certificate to the local US passport agency to apply for his US passport.
非常感謝您這麽多年的無私奉獻和熱忱幫助!