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Music and Art at the Ukrainian Institute of America
Posted by Blaine Johnson on February 08, 2003 at 23:24:36:
Dear Ms.Durbak Last week my wife was sworn in as U.S. Citizen, she and her Natural Born) son (then 10 years old) came over on Fiance Visa. (He is now 15) At the Swearing in ceremony, the INS Officer told everyone that their children under 18 years of age were automatically citizens upon the parents oath of allegiance. He said we could send away for a certificate of citizenship for the child if we desired (Form N600), but it is not necessary. PUBLIC LAW 106-395 TOOK EFFECT Feb,27,2001, and grants the automatic citizenship. The INS information form talking about it is FC-036 03/16/01. the INS Website rules section 101, and FC-036 agree with what we have been told so far. However, the website section 320.2 states that the child is only eligible for citizenship under section 320 to apply for citizenship if the same conditions are met by the child after Feb26,2001 (1 day before the new amendment took effect). The problem here is that 302.2 says the request can be denied (and appealed). Which is correct? is the citizenship automatic once the mother took the oath of citizenship, OR is this only a qualifyer for citizenship? Here in San Fran the N-600 takes about 1 year to process. INS told us that the child is immediately eligiable for a US passport as a citizen, But Soc Sec. Is telling us he is not a citizen until a citizen certificate is issued. Please clear this up for us by telling us the correct rule. His mother wants to travel back to Ukraine with US passports for her and her son A lot of this seems to be confusion caused by this new Homeland Security Act Merger of different agencies.
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