Will my daughter lose her Jamaican passport?

Dear Mrs Walker-Huntington, I HOPE all is well. Any advice given on the following question will be greatly appreciated.

My daughter, who is 10 years old, is a green card holder who travels on her Jamaican passport.

Her dad now wants to apply for her United States (US) citizenship. Will they take her Jamaican passport during this process, or will she keep her passport so she can still travel to Jamaica?

Thanks a million.

GG

Dear GG,

You didn’t indicate where you daughter resides and with whom. As a US permanent resident, she is supposed to live in America. As a 10-year-old US permanent resident, if she is living with her US citizen father, he can apply to the Department of Homeland Security for a Certificate of Citizenship for his daughter. He can also apply to the US Department of State for a US passport on her behalf.

These applications are under oath and must be impeccable, or run the risk of a fraud determination. To qualify for a certificate of citizenship, the child must show that she is living with her parent. Documentary evidence must be submitted with both applications to demonstrate the shared residence. Any evidence that proves the child shares the same address is useful, such as school records, medical records, etc.

It is faster to obtain a US passport and that is usually done first, or in conjunction with the Certificate of Citizenship, and will confer US citizenship upon the recipient. Having a Certificate of Citizenship is unequivocal evidence of US citizenship. There are instances where a person is initially issued a US passport based on the US citizenship of their parent, only to have it questioned by the same US Department of State that issued the passport at a later date, and refuse to renew the passport.

If the father is not a US citizen and is now applying to be naturalised as a US citizen, he must list his child on the application. Listing the child does not mean that she has an application for US citizenship. An affirmative application on behalf of the child would have to be made separately after he becomes a US citizen and if the domiciliary requirements are met.

During the application process, a person does not surrender their Jamaican passport and is allowed to hold both passports, if and when they become a US citizen.

An individual must be at least 18 years old and a resident of the United States for at least five years to apply for their own US citizenship.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@walkerhuntington.com