Asked in Immigration Law

Q: Father got naturalized while child was abroad. Can minor child re-enter the US using GC?

My minor child and I (mother) are visiting India (both Indian citizens). We are the permanent residents of the US. The child entered India using the Indian passport.

Meanwhile, my spouse (father of the minor child) had to attend the naturalization interview and later the oath.

Has the child automatically become a citizen of the US now?

Can the child enter back to the US with an Indian passport and GreenCard OR is a US passport mandatory?

If the child needs a US passport, what are the next steps to get those?

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1 Lawyer Answer
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
Answered
  • Immigration Law Lawyer
  • New York, NY

A: The child still has a valid green card even after his father has obtained his citizenship. The child would be able to return to the United States using his green card. However, the child should not be out of the United States for more than 6 months, because that would appear to immigration as lthough he has abandoned his LPR status. Once the child is in the United States, he can apply for derivative citizenship if he is otherwise eligible.

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