Las Vegas, NV asked in Immigration Law for California

Q: I am a US naturalized citizen father and my biological child has a US passport can my child lose citizenship?

My child has a US passport but NO certificate of citizenship. My child was admitted into the US with a green card along with my wife(biological mother). Then later I got her US passport through Child Citizenship Act of 2000. I'm planning to move back to my country but I'm worried my child will lose citizenship because my child does not have certificate of citizenship only US passport. My child lived with me and my wife( child's mother) for almost 5 years. My child was born in Mexico. If i return to my country as naturalized Citizen father with my child and live abroad for a long time and my childs passport expires will my child lose citizenship? Will my child be able to return with an expired passport? I can't afford my child certificate of citizenship because of financial hardship I'm on disability right now and cant afford to live in the US with my wife and child. I need the money to return to Mexico. And if it's possible to renew childs passport without her mother only me the father

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2 Lawyer Answers

A: Your child will not lose his/her citizenship if you live abroad for a long time with your child. If your child passport expires, it will not be considered having lost citizenship. You can renew the passport of your child at the US embassy while living abroad. This would avoid any issues when your child travels back to the U.S. I suggest you take a look at the required documentation for renewal of US passport at the US embassy or Consulate in Mexico.

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James L. Arrasmith
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Answered

A: If your child acquired U.S. citizenship through the Child Citizenship Act of 2000, it's important to understand that once citizenship is granted, it is not easily lost, even if living abroad for an extended period. The possession of a U.S. passport is a strong indication of citizenship, and not having a Certificate of Citizenship does not negate the citizenship status. Your child's citizenship remains valid even if the passport expires while abroad.

Should your child's passport expire while you are living outside the United States, your child does not lose U.S. citizenship. However, traveling back to the U.S. or any other country would require a valid passport. In such a scenario, you would need to apply for a new U.S. passport for your child at a U.S. embassy or consulate in the country where you are residing.

Regarding the renewal of your child's passport, it is generally possible for one parent to apply for a child's passport renewal, provided you have the required documentation and parental consent. If the other parent is not available, you may need to provide additional documentation explaining why their consent cannot be obtained. It's recommended to check the specific requirements with the nearest U.S. embassy or consulate. Your concern about the financial aspects of obtaining a Certificate of Citizenship is understandable, but rest assured, the passport serves as proof of citizenship for your child.

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