Not trying to rub it in, but I'm sure you are probably regretting having said that the N-600 is insanely expensive in an earlier post. I am sure it is going to look cheap after you consider everything and the lost opportunities for not being in the US. It is also usually the best way of handling complex cases like yours with out of wedlock birth to a US citizen. This is just my 2 cents. I hope you can straighten things out.
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Traveling to the United States while citizenship is in process.
- Thread starter czar91
- Start date
Updates.
Agent from passport agency called today. Just as I thought, they were thinking I was applying for a passport based on my father's naturalization, therefore that's why they wanted the green card and such and such. After explaining him that I was applying for citizenship through birth abroad to a US Citizen parent and that Sections 301 and 309 of the INA are the ones that apply to me and not the 320, he went on and said that the letter was an error. He agreed that the documents I sent are sufficient to satisfy the required documents they ask for in a situation like mine just that they wanted the original naturalization certificate from my father since I sent them just a notarized copy of my father's naturalization certificate. He said that they just needed that from me so we'll see how it goes from now on.
Also I can't apply for a N-600 right now because they have all the original documents I sent with the application.
Agent from passport agency called today. Just as I thought, they were thinking I was applying for a passport based on my father's naturalization, therefore that's why they wanted the green card and such and such. After explaining him that I was applying for citizenship through birth abroad to a US Citizen parent and that Sections 301 and 309 of the INA are the ones that apply to me and not the 320, he went on and said that the letter was an error. He agreed that the documents I sent are sufficient to satisfy the required documents they ask for in a situation like mine just that they wanted the original naturalization certificate from my father since I sent them just a notarized copy of my father's naturalization certificate. He said that they just needed that from me so we'll see how it goes from now on.
Also I can't apply for a N-600 right now because they have all the original documents I sent with the application.
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Jackolantern
Registered Users (C)
Also I can't apply for a N-600 right now because they have all the original documents I sent with the application.
N-600 only requires you to submit copies of the documents. You present the originals at the end of the process when you show up to take a mini-oath and collect the certificate. So you can file the N-600 now if you have copies of those originals.
Jackolantern
Registered Users (C)
Or, in practice, will the USA never proactively claim a foreign born person as one of their own citizens unless and until the foreign born person (or their parents) takes action to assert citizenship?
Non-US born persons are presumed to be noncitizens until and unless shown otherwise by the preponderance of evidence. There are numerous US citizens around the world who are either unaware or don't care about the US citizenship that was obtained through their parents, and they get visas and routinely travel to the US on their non-US passport without a problem.
In practice, the only time I am aware of when the US proactively (yet unofficially) claims that a foreign-born person is a US citizen is if the person had a green card and one or both parents naturalized when still under 18. This happens when somebody in that situation files N-400 for their own naturalization, and then USCIS tells them they should file N-600. Then it's up to the individual to either file the N-600 or assert that they're not already a USC.
CalGreenCard
Registered Users (C)
In practice, the only time I am aware of when the US proactively (yet unofficially) claims that a foreign-born person is a US citizen is if the person had a green card and one or both parents naturalized when still under 18.
The situation where someone is a US citizen under US law, but may not consider themselves or want to be considered a US citizen, definitely can arise and be a problem:
Flaherty criticizes U.S. crackdown on tax evasion
Now, this article seems to refer to dual citizens who were born in the USA but have little or no present contact with the USA. But I could see this issue eventually arising for the children born abroad to natural born US citizens, especially as IRS technology to track such people down improves. The issue--where someone lacks the evidence to prove their status either way--could eventually be a problem--and I'd predict it eventually will arise even if not a big deal right now.