Suwanee, GA asked in Immigration Law for Georgia

Q: How do I prove legal and physical custody when applying for a passport using the derived citizenship?

I was born outside the U.S and became a citizen through the naturalization of my father in 2015. He got his citizenship before I turned 18. I'm currently 23. My parents aren't married but they've been together since I was born. I meet the derived citizenship test. I was planning to complete the form N-600 but I figured I'd save on cost and just get my passport for now. I've heard many people get their passport denied because of the "legal and physical custody issue". What type of documents do I need to provide at the passport acceptance facility to remedy any future issues?

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1 Lawyer Answer
Agnes Jury
Agnes Jury
  • Immigration Law Lawyer
  • Traverse City, MI

A: If your parents were not married, you will need to show a court order acknowledging that your father is your biological father (known as "order of filiation") as well as an order that grants him legal and physical custody of you. It may be joint legal and physical custody with your mom which would be fine too. If your parents never went to court to establish that your dad is your biological father and he was not awarded legal and physical custody then your passport application may be denied as well. Best wishes!

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