Very Difficult US Derivative Citizenship Case

PlatoRepublic

New Member
Hello everyone.
I submitted my derivative citizenship passport application in Los Angeles in March of 2010,and the case has still not been resolved.
My father is a US citizen who was born in 1918.I was born in Switzerland in July of 1986.
When I submitted my passport application we were contacted by the LA passport agency telling us that I needed to prove 10 years of residency for my father prior to July 1986.
We obtained my father's US Navy records from January 1942 until August 1945,where he served as a WW2 fighter pilot.We also had documents showing him to be a Navy reserve officer until 1947.
Then we contacted the IRS to obtain old tax returns,but they told us they do not keep any past 7 years,and told us to obtain his Social Security earnings statement,which we did.
His certified SS earnings statement showed that he worked for a US company based in New York and in Illinois from 1948 until 1960.
We also obtained property records for a house in New York state that he owned from 1952 until 1957,and another house that he owned from 1957 until 1959.
We also got birth certificates for 2 of his children both born in New York City,one in 1949 the other in 1951.We also obtained a driver's license for the State Of Illinois for the year 1960.
We submitted all of this to the passport agency.They contacted us back telling me that they only accepted his US navy records from January 1942 until August 1945,giving us approx. 4 years of residency.
They refused to accept his Social Security earnings statement saying that he could have lived abroad and that this document did not prove his US residency.We find this hard to believe as this is a document that the state department website says it accepts as proof of residency,and it is the document people use when old tax returns are unavailable.
Unfortunately my father did not go to school in America,so we cannot use any of those.
I must admit that I am rather despairing of this case,and it is difficult to have so many documents showing that he was in America from 1942 until 1960,and not have the Passport Office recognize them.
I would be very grateful if any of you could give me any thoughts or advice on this case.
Thank you in advance.
 
"His certified SS earnings statement showed that he worked for a US company based in New York and in Illinois from 1948 until 1960.
We also obtained property records for a house in New York state that he owned from 1952 until 1957,and another house that he owned from 1957 until 1959."

What company did he work for? What was his occupation? Can the U.S. Company help with information about his assignment? Was he assigned abroad?

Did he live in the properties he owned?

You should also check the old census records for residence information.

Based on your DOB, he needs to show a total of 10 yrs, 5 of which must be after age 14 (take that into account). Were you born in wedlock or out of wedlock, it makes a difference as to which section of law applies. This applies when only one parent was a USC at time of your birth, so, mom is not (at least was not then) a USC?

You are not seeking a derivative citizenship claim you are seeking recognition of USC acquired at birth abroad to a USC. You will have better luck and better adjudication by filing a form N-600 with USCIS. Legally, the passport application is not suppossed to be filed in a case like yours from within the U.S. and it should only have been allowed at a U.S. Embassy or Consulate abroad. See INA 104(a)(3)

SEE: http://www.uscis.gov/portal/site/us...Applications+for+Certification+of+Citizenship USCIS AAO Decisions.

SEE: http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2009/Feb112009_02E2309.pdf A case on INA 301 and 309 (a must read for you).

SEE: http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2005/JAN102005_07E2309.pdf A case on INA 301.
 
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Do you have a green card? How and when did you enter the US? Did your father ever marry your mother? Did your mother ever become a US citizen? Is your father still alive?
 
My comment is not going to help you, but hopefully will help other parents in this forum. Take care of your children's immigration paperwork now, when it is easy to gather all documentary evidence. That means, apply for US passports, and I would also recommend to apply for certificate of citizenship through form N-600.

For your case, I hope you find the right kind of document that proves your father's stay in the US for that period of time. Would they take affidavits from old coworkers? Did he have some health insurance at the time that would have kept records of medical visits? Bank account records? Did he naturalize or was born a US citizen?
 
My comment is not going to help you, but hopefully will help other parents in this forum. Take care of your children's immigration paperwork now, when it is easy to gather all documentary evidence. That means, apply for US passports, and I would also recommend to apply for certificate of citizenship through form N-600.

I so agree, Huracan, and your comment reminded me of the following post on another recent thread:

I have been a permanent resident for almost 15 years. I will be leaving to study abroad in Canada within a few months; I am wondering if I will be eligible for citizenship if I apply for it before I leave? On the USCIS website, it says that to be eligible for naturalization, I need to "Reside continuously within the United States from the date of application for naturalization up to the time of naturalization". What does it mean to "reside continuously"? I am willing to travel back for citizenship purposes, but I will be in Canada for probably 5 years or so starting feb/march. Any responses appreciated, as I will be leaving soon. Thanks!!

Both of these cases are fine examples of why it's wise to establish US citizenship promptly, for yourself or for your kids. Don't put it off, because you can't control the future.
 
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