N-400 Help Please!!!

R

Rahstyes

Registered Users (C)
HI I am 27 years old.

I have been a PR since i was 4 years old ... My step dad was in the military and now he is retired.. I recently became interested in getting a US citizenship because I have me the girl i want to marry when i went to the philipines. In order to be with her asap I have to have a US Citzenship so i can file for a fiance visa. I had everything planned out... And im having the most hardest time being away from her. Im spending all my money and saving as much as i can so i can bring her here.

I recently filed for a citzenship and I didnt notice till i got a fax of my interview letter that one of the required documents was a "selective service paper" I honestly had no idea what the heck that was so i googled it and found out that I had to register from the age of 18-26. I am now 27.. It is just bad luck to have found this out now. Or i would of signed up in a heartbeat.

Anyways yesterday I went to my interview and I passed all my test questions and I have no criminal background and my slate is clean. But then he asked me if i signed up to the selective services.. I said No. He told me why not. I said because i never knew about it till now. He then asked me what school I went to.. i said Tvhs.. Then he said well then you should of known about it cause my son goes to chapperal highschool (which is another school close to tvhs) and they go around the school talking about it. I honestly did not know what the heck he was talking about because I never heard of it till now.. maybe his son is younger and just started to do it in schools.

So anyways he told me at the end of the interview he cannot approve me now and that I need to send him a status of information letter as to why i didnt sign up and make shure he has it by Oct. 6. Im freaking out everyday.. Will I still have a chance to get my Us citzenship? When he gets the letter.. I realy need it.. ( He did mention that he told me dont wait till the last minuete to send it in.. so to me .. im thinking he wants to pass me.. but he needs that letter first. But then again this other girl at my work told me.. They asked her all 10 questions and she got 1 wrong. But when i did the interview he only asked me 6 questions.. but i got them al right. So maybe he only asked me 6 because he already knew i wasnt gonna get my us citizenship so he was like .. what the heck.. it doesnt even matter if i ask him all 10.

What are my options here... please help!
 
Rahstyes said:
I have been a PR since i was 4 years old ... My step dad was in the military and now he is retired..
Click to expand...
Did your mother become a US citizen before you turned 18? Or is your stepfather a US citizen and did he legally adopt you? You might be able to claim US citizenship based on your parents, if the answer is Yes to one of these questions. If you derive citizenship from your parent(s), your citizenship would be retroactive to some date before your 18th birthday, and your lack of Selective Service registration won't be an issue.

I recently filed for a citzenship and I didnt notice till i got a fax of my interview letter that one of the required documents was a "selective service paper" I honestly had no idea what the heck that was so i googled it and found out that I had to register from the age of 18-26.
Click to expand...

How could you not know about it when you were filling out the N-400? You didn't read the N-400 and see the section on Selective Service?

Check the Selective Service web site at https://www.sss.gov/RegVer/wfVerification.aspx, you might have been registered without realizing it, through somewhere like your school or the DMV. If the web site confirms your registration, you can print out the confirmation page and send it to USCIS for your naturalization case (you'll need to include copies of the receipts/letters you've received so far from USCIS so they can link this latest evidence to your application).

If the web site doesn't confirm your registration, call them (https://www.sss.gov/CONTACT.HTM) and ask them to look for your records. They can do additional searching for records that aren't available via the web. If they find it, they can send you a letter to confirm your registration.

They asked her all 10 questions and she got 1 wrong. But when i did the interview he only asked me 6 questions.. but i got them al right. So maybe he only asked me 6 because he already knew i wasnt gonna get my us citizenship so he was like .. what the heck.. it doesnt even matter if i ask him all 10.
Click to expand...

You need 6 out of 10 to pass, so once you get 6 right they usually don't bother with asking all 10.
 
Last edited by a moderator:
Yes my step dad did adopt me.. but im am now the age of 18. is that still possible? He is a us citzen..

And yes i looked and called.. im not in the database... I never even heared about it till now. I asked my step dad.. he said .. he thought only us citizens where supposed to sign up not the PR's.
 
Rahstyes said:
Yes my step dad did adopt me.. but im am now the age of 18. is that still possible? He is a us citzen..
Click to expand...

Yes, it's possible even though you are over 18 now. If the relevant conditions were satisfied before you turned 18, you can claim citizenship after you're 18 and it will be retroactive to before your 18th birthday.

Did he adopt you before you turned 16? And was he a citizen before you turned 18? And were you living in the US with him having legal custody of you (joint or full) at any time between Feb 27, 2001 and your 18th birthday?

If yes to all questions, that means you almost surely derived citizenship through him but you don't know it, and you should have filed N-600 instead of N-400. See http://travel.state.gov/visa/immigrants/types/types_1312.html

What about your mother's citizenship...was she also a US citizen before you turned 18, and married to your stepfather while she had US citizenship? If yes, that will make your N-600 even easier.
 
My step dad adopted me when i was 3 .. My mom never got her us citzenship. she stil holds a PR.

My step dad was born in the us.. His a Us Citizen

I dont get it??
 
Rahstyes said:
My step dad adopted me when i was 3 .. My mom never got her us citzenship. she stil holds a PR.

My step dad was born in the us.. His a Us Citizen
Click to expand...

Were you still living with your stepdad (who became your legal father) for any time between Feb. 27, 2001 and your 18th birthday?

If yes, it looks like you already derived citizenship through him, according to the Child Citizenship Act of 2000 which took effect on Feb 27, 2001. But you don't have documentation of your citizenship because you never applied for N-600 or a US passport.

I dont get it??
Click to expand...
You don't get what? The Child Citizenship Act? That law gave US citizenship to all under-18 permanent resident children of US citizens, if they met certain conditions (most importantly, living in the US in the custody of the citizen parent). Based on the information given so far, that would include you, unless you stopped living with your adopted father before Feb. 27, 2001.
 
Rahstyes said:
I read somwhere.. he can only petition me... if im 16 or younger.. now that im 27 i cant?
Click to expand...

Did your mother had your legal custody ??? Did you mother get a legal divorce or your your father passed away???
Did your mother and step dad marry before you were 18? Are you living with your adopted dad after feb27, 2001/

If Yes to all questions you are a USA citizen already. You can apply for passport straight away. You could also file N-600. Additional expenditure.

What to do with your pending N-400, experts like Jackolantern, BigJoe and other Gurus can advise.
 
ARe you sure about this?? so i can apply for a N600 and bypass all the selective service crap?

OH


Yes my step dad addopted me when i was 3 years old.. I got my Pr back in 1992 and i been living with him eversince.. So yes i have been living with him past 2001..

OH and yes my mother devorced by dad before she married my step dad... this all happend between 1986 to about around 1990

Be advised.. I wasnt acussally living all my life in the USa... My dad was int he marines.. and i spent like 6 years on a Military base in Okinawa Japan where my step dad was stationed.. by he did legally adopt me.

How can you find out if your a us citizen or not? Is there a database where i can put in my ssn or somthing?
 
Last edited by a moderator:
Rahstyes said:
ARe you sure about this?? so i can apply for a N600 and bypass all the selective service crap?

OH


Yes my step dad addopted me when i was 3 years old.. I got my Pr back in 1992 and i been living with him eversince.. So yes i have been living with him past 2001..

OH and yes my mother devorced by dad before she married my step dad... this all happend between 1986 to about around 1990

Be advised.. I wasnt acussally living all my life in the USa... My dad was int he marines.. and i spent like 6 years on a Military base in Okinawa Japan where my step dad was stationed.. by he did legally adopt me.

How can you find out if your a us citizen or not? Is there a database where i can put in my ssn or somthing?
Click to expand...

Based on the information in your posts above, it does appear that you qualify for derived U.S. citizenship under the Child Citizenship Act. There is no online database where you can check this since the determination of whether or not you have actually derived citizenship under the CCA requires careful examination of supporting documents by an appropriate government official (at USCIS or the State Department) after submitting either an N-600 or a passport application, and you have not done so yet. The evaluation of evidence is also to some extent subjective and significantly depends on the individual case and on the kind of supporting documents you provide.

You can read about the details of the CCA for yourself:
http://www.uscis.gov/files/pressrelease/CCA_102504.pdf
http://travel.state.gov/visa/immigrants/types/types_1312.html

The gist of the CCA requirements for adopted children is:

1) That the adoption by a U.S. citizen parent become final before the child turns 16
2) That at SOME POINT before the child's 18th birthday and after Feb 27, 2001 all of the following condition apply (simultaneously):
a) the child has a GC, and
b) the child resides in the U.S. in the legal and physical custody of the U.S. citizen adoptive parent.

It appears that all of the above were satisfied by you on Feb 27, 2001 (since you were under 18 at the time, had a GC, and, presumably, lived in the U.S. with your step-dad).

So you could file N-600 now or, as suggested above, apply directly for a U.S. passport (although personally I would recommend that you file N-600 if you decide not to pursue your pending N-400 application).

IMO, you should not abandon your N-400, should get a status information letter from the SSS and send it with the N-14 to the IO, as the IO requested. If you abandon N-400, your application fee will be lost, and you'll have to fork out another $600 for N-600; plus you'll have to wait several more months before N-600 is adjudicated, and even before you can file it, you'll need to collect supporting documents (proving that you resided with your step-dad in the U.S. at some point between Fen 27, 2001 and your 18th birthday).

There is a straightforward process for requesting a status information letter from the SSS, see
http://www.sss.gov/Status.html

You should also check there if you are actually registered:
https://www.sss.gov/RegVer/wfVerification.aspx
It could be that your school automatically registered you.
 
baikal3 said:
IMO, you should not abandon your N-400, should get a status information letter from the SSS and send it with the N-14 to the IO, as the IO requested. If you abandon N-400, your application fee will be lost, and you'll have to fork out another $600 for N-600; plus you'll have to wait several more months before N-600 is adjudicated, and even before you can file it, you'll need to collect supporting documents (proving that you resided with your step-dad in the U.S. at some point between Fen 27, 2001 and your 18th birthday).
Click to expand...

The deadline is October 6 to provide the Selective Service document to USCIS. That's enough time to get a US passport with expedited processing, if the OP gathers up all the necessary paperwork and sends in the application this week. Nevertheless, the Selective Service letter should be obtained anyway.

If the passport is not decided fast enough, USCIS should be asked to put the N-400 case on hold for a couple months so the OP can pursue his claim to Citizenship under Child Citizenship Act. It's better to derive citizenship via the CCA than naturalization, as the CCA citizenship is much more immune to revocation than regular naturalization. And if there is any current or future government job that requires being a US citizen for a certain number of years, having citizenship (retroactively) recognized since age 16 or 17 would be an advantage compared to citizenship starting at 27.

There is a straightforward process for requesting a status information letter from the SSS, see
http://www.sss.gov/Status.html

You should also check there if you are actually registered:
https://www.sss.gov/RegVer/wfVerification.aspx
It could be that your school automatically registered you.
Click to expand...
In post #3 the OP mentions having already checked the registration and called them.
 
Last edited by a moderator:
Rahstyes said:
OH and yes my mother devorced by dad before she married my step dad... this all happend between 1986 to about around 1990
Click to expand...
Was she still married to your stepdad on your 18th birthday? If not, you will need the legal custody papers to show that your stepdad had joint or full custody for some time between Feb. 27, 2001 and your 18th birthday.

Be advised.. I wasnt acussally living all my life in the USa... My dad was int he marines.. and i spent like 6 years on a Military base in Okinawa Japan where my step dad was stationed.. by he did legally adopt me.
Click to expand...
But were you living in the US between Feb. 27, 2001 and your 18th birthday? Anyway, I think living on a military base would count.

How can you find out if your a us citizen or not? Is there a database where i can put in my ssn or somthing?
Click to expand...
If you've had an official citizenship-related document issued such as a US passport or citizenship certificate (or birth certificate, if you were born in the US), a record of that would be in a database. But you never had such a document, so there isn't any record of your citizenship anywhere, and you'll need to apply for a US passport or N-600 to get that record created.

You have shown substantial confusion about the citizenship process and laws, which is understandable because you've never been through a US immigration process as an adult. If you knew what you were doing, you would have already had a US passport months ago or even years ago and wouldn't have filed N-400.

Because of your confusion and the difficulties involved with dealing with your old childhood documents, and the pending N-400 in the mix, I suggest you consult an immigration lawyer for your passport and/or N-600 process. Not necessarily to handle the whole process end-to-end (which would be more expensive), but for a couple of half-hour to one-hour consultations to guide you through the process -- an initial one to explain what papers you need for the passport and N-600 and how/where to apply, and a second one to review your documents after you've gathered them and filled out the forms so you'll find out if anything is amiss. Then send them in yourself after you've made the corrections.

The N-600 will take longer than the passport, but once you have the passport you can file for the fiancee visa.
 
Last edited by a moderator:
Jackolantern said:
The deadline is October 6 to provide the Selective Service document to USCIS. That's enough time to get a US passport with expedited processing, if the OP gathers up all the necessary paperwork and sends in the application this week. Nevertheless, the Selective Service letter should be obtained anyway.

If the passport is not decided fast enough, USCIS should be asked to put the N-400 case on hold for a couple months so the OP can pursue his claim to Citizenship under Child Citizenship Act. It's better to derive citizenship via the CCA than naturalization, as the CCA citizenship is much more immune to revocation than regular naturalization. And if there is any current or future job that requires being a US citizen for a certain number of years, having citizenship (retroactively) since age 16 or 17 would be an advantage.


In post #3 the OP mentions having already checked the registration and called them.
Click to expand...

I says that you have to be born from a usa citizen.. but i wass adopted and my mom is still a Pr holder she doesnt want a us citizen
 
Rahstyes said:
I says that you have to be born from a usa citizen.. but i wass adopted and my mom is still a Pr holder she doesnt want a us citizen
Click to expand...

What are you talking about? Where exactly does it say that the biological parent has to be a U.S. citizen? Are you talking about the CCA eligibility?

If you mean the CCA eligibility, then you are mistaken, the U.S. citizen parent may be either a biological or an adoptive parent, provided the adoption became final before the child turned 16.
 
Rahstyes said:
I have another question.. am i allowed to file this even though i am age of 27?
Click to expand...

Yes, you are allowed to file regardless of your current age. The only thing that matters is that you met the requirements of the CCA before you turned 18.


Also i read that you dont have to pay the fee if your dad was in the military?
Click to expand...
My understanding is that you will not be exempt from an N-600 application fee. The fee is waived if the N-600 application is filed by a current member or a veteran of the U.S. military. So if your step-dad filed N-600 on your behalf while you were still a minor, the N-600 fee would have been waived then. But since you are an adult now, you'd be filing N-600 yourself; so the fee will not be waived (unless you yourself are serving/served in the past in the U.S. military)

Also.. if my n400 gets rejected... i cant still file for the n600 correct?
Click to expand...
Yes, that is correct.
If your N-400 is denied or withdrawn, you can then file N-600.
 
Rahstyes said:
I have another question.. am i allowed to file this even though i am age of 27?
Click to expand...
Yes, as I said in an earlier post in this thread, you can apply after you're 18 if you met the relevant conditions when you were under 18, and your citizenship will be recognized retroactively to start before your 18th birthday.

Also i read that you dont have to pay the fee if your dad was in the military?
Click to expand...
The fee is waived only if you're still under 18 and your military parent was applying on your behalf. Applying on your own as a non-military adult will require the fee.

Also.. if my n400 gets rejected... i cant still file for the n600 correct?
Click to expand...
Yes, but you should try to get the US passport decided before the N-400. Then you can abandon the N-400 and go for N-600.
 
Jackolantern said:
Yes, as I said in an earlier post in this thread, you can apply after you're 18 if you met the relevant conditions when you were under 18, and your citizenship will be recognized retroactively to start before your 18th birthday.


The fee is waived only if you're still under 18 and your military parent was applying on your behalf. Applying on your own as a non-military adult will require the fee.


Yes, but you should try to get the US passport decided before the N-400. Then you can abandon the N-400 and go for N-600.
Click to expand...

I really appreciate your help in all this. I'm still trying to figure out what do you mean by go get your passport u s passport decided I mean I do are you talking about going to the USPS office and to apply for U s passport the need 2 forms of ID I have a drivers license but the other birth certificate I do not have as I was born in Japan
 
You must log in or register to reply here.
Top