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Question re Child's Derivative US Naturalization

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Question re Child's Derivative US Naturalization

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Old Feb 9th 2008, 4:32 am
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Default Question re Child's Derivative US Naturalization

My hairdresser is from Ireland. She and her husband both became US citizens a few years ago and their two sons became US Citizens when they did. At least that is what I told her although her immigration attorney told her they did not. He also told her that they would not be able to get US passports. After talking with me and reading the Guide to Immigration and Naturalization by A. Wernick, she, her husband and the two boys went to the US Passport Office and the boys received their US passports. Her immigration attorney was amazed and said he never heard of this.

Well today when having my hair done, I asked if she had shelled out the money for the N-600 for the boys yet and she said no because her attorney had told her that when the boys reach 18 they would have to choose which citizenship they wanted and if they wanted to be American they would have to file an N-400, take the test, and then the oath and then return their Irish passports. He told her they automatically lose their US passports at age 18

I told her that was a crock and that I would ask on here if anyone has heard of this or has experienced this and I would let her know my findings and she can then take it to another attorney for confirmation and/or the USCIS.

Last edited by Rete; Feb 9th 2008 at 4:35 am.
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Old Feb 9th 2008, 5:22 am
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Default Re: Question re Child's Derivative US Naturalization

Originally Posted by Rete
I told her that was a crock...
FWIW, I agree with you. There are a few countries in the world where you can only be a citizen of that country, but I don't believe Ireland is one of them. From what you've said, it sounds to me like their immigration attorney really doesn't know much about immigration.

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Old Feb 9th 2008, 5:22 am
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Default Re: Question re Child's Derivative US Naturalization

Originally Posted by Rete
Well today when having my hair done, I asked if she had shelled out the money for the N-600 for the boys yet and she said no because her attorney had told her that when the boys reach 18 they would have to choose which citizenship they wanted and if they wanted to be American they would have to file an N-400, take the test, and then the oath and then return their Irish passports. He told her they automatically lose their US passports at age 18

Every single statement in that paragraph is wrong.

They should file the N-600 for the boys as otherwise it might be awkward to quickly prove their U.S. citizenship if their passports are ever lost/stolen.

Incidentally, the question of whether someone is a U.S. citizen or not falls primarily within State Department jurisdiction, not USCIS.
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Old Feb 9th 2008, 5:22 am
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Default Re: Question re Child's Derivative US Naturalization

Originally Posted by ian-mstm
FWIW, I agree with you. There are a few countries in the world where you can only be a citizen of that country, but I don't believe Ireland is one of them
It was so before 1956, not since.
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Old Feb 9th 2008, 5:28 am
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Default Re: Question re Child's Derivative US Naturalization

Originally Posted by Rete
My hairdresser is from Ireland. She and her husband both became US citizens a few years ago and their two sons became US Citizens when they did. At least that is what I told her although her immigration attorney told her they did not. He also told her that they would not be able to get US passports. After talking with me and reading the Guide to Immigration and Naturalization by A. Wernick, she, her husband and the two boys went to the US Passport Office and the boys received their US passports. Her immigration attorney was amazed and said he never heard of this.

Well today when having my hair done, I asked if she had shelled out the money for the N-600 for the boys yet and she said no because her attorney had told her that when the boys reach 18 they would have to choose which citizenship they wanted and if they wanted to be American they would have to file an N-400, take the test, and then the oath and then return their Irish passports. He told her they automatically lose their US passports at age 18

I told her that was a crock and that I would ask on here if anyone has heard of this or has experienced this and I would let her know my findings and she can then take it to another attorney for confirmation and/or the USCIS.
Hi:

It is good that she didn't waste the money on the N-600. Once you get the passport and always keep a passport, no need for the certificate. A valid passport is legally equivalent to a Certificate of Citizenship.

The passport eliminates the need for the N-600 or N-400. They are done.

I've never heard of Ireland requiring an election. And what does that have to do with US law?
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Old Feb 9th 2008, 5:53 am
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Default Re: Question re Child's Derivative US Naturalization

Thanks everyone. I will print this thread out and give it to her. It will save her a few bucks.
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Old Feb 9th 2008, 5:57 am
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Default Re: Question re Child's Derivative US Naturalization

Originally Posted by Folinskyinla
Hi:

It is good that she didn't waste the money on the N-600. Once you get the passport and always keep a passport, no need for the certificate. A valid passport is legally equivalent to a Certificate of Citizenship.
Problem is that passport has to be carried around (eg when traveling) and can easily get lost/stolen.
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Old Feb 9th 2008, 7:19 am
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Default Re: Question re Child's Derivative US Naturalization

Originally Posted by JAJ
Problem is that passport has to be carried around (eg when traveling) and can easily get lost/stolen.
Hi:

But the Department of State has excellent records! And it is relatively easy to get a replacement. I always advise my naturalization clients with the newly printed certificate of naturalization to get that passport so they have a document this is of equal effect AND can be replaced.
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