Best Immigration Attorney
Q.English Family of 4 living in Florida, Me, Husband, 15 year old son, 2 year old daughter and we have been thinking about something related to immigration. If my husband gets naturalized in February 2009, would you say we should add another 1 or 2 months for him to get his US passport? That would take up to Spring of 2009 - yikes! Does the Interview and the Oath ceremony 'usually' occur close together (days or weeks apart)? I understand that Children become automatic USC's when a parent naturalizes. Do I need to fill out forms/pay a fee etc... to get a certificate to show our son is a USC via me, (he will be 16 when I naturalize) so that we can apply for his US passport? The final part I am confused about.... If we got only my naturalization done and my son and I both had our US passports and let's take a wild guess that we were all set and ready to go back to the UK in September of 2008. If my husband filed his N-400 in the previous August, (the month before we left) and we had his interview letter sent to us, could he not fly back to do his interview and oath ceremony, get his US passport and then leave for the UK again? Is that just impossible? I also assume that a naturalization interview and Oath ceremony is always done in the USA and never at the US embassy in the UK? Even if we had permission of leave due to a sick dying relative?
A.Most definitely he needs a US Passport before he leaves. He leaves the US as a USC and enters the UK as a British citizen. Yes and No. Depends on the district office. Some, at least a relatively few of them, do it the same day. That said, all do it at least once a month. As long as he is under 18, he is a USC as well when you or his father naturalize. All the children needs are US Passports. They can order theirs at the same time as the naturalized parent. In the future, if they wanted they could file form N-600 for a naturalization certificate. That would depend on the amount of time he has already been outside of the US. This determines whether the chain of continual living presence in the US is valid for naturalization. Also he will need, if asked, to show that he is still a resident of the US at the time of the interview. If he is living and working in the UK, then he cannot do that. An immigration attorney is the best answer for this question. He can return it to the USCIS DO with a letter stating that he is returning to the UK to live and work; or he could do nothing and just let it lapse; or he can return it to the US Consulate in London. At present direct consular filing (DCF) take appropriately 3 to 6 months from start to finish.
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