Can IO USCIS do not allow legal advisor on interview?
- Thread starter thrix
- Start date
You can have a representative present during the interview as long as you have them fill out form GS-28 and explain to the USCIS in what capacity they represent you . Having someone present as a legal adviser is a valid explanation to have as a representative at the interview.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44bd4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
U
usaangel2006
Guest
are you done with name check....was not sure been seing U for quite some time...
It's not about answering questions, but educating IO about N600. How a person with US Passport can be denied a N600 ?? They claim that you become citizen at the time of interview, but this is not true.
Can you elaborate on this?
for example:
child and parents live in the USA in 2004. Father get citizenship at 5.5.2004.
5/6/2004 application for passport for father and daughter
5/30/2004 - passports arrived
6/1/2004 - application sent for n600
7/1/2005 - child left usa to live outside the USA
2/2/2006 - n600 interview (question about where DO YOU LIVE NOW?). Under oath outside the USA, but it's not issue. CASE DENIED!
Thing is important where child resided at the time of father's naturalization. After that it's her decision where she wants to live.
You might want to look up Flydog's N-600 experience. I recall his daughter went through some of the same hassles, although eventually was "granted" citizenship despite already having a US passport.
Is this something you can back up by citing specific immigration law(s) and was an appeal ever filed after the original denial?
8 USC § 1431. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired
(a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2) The child is under the age of eighteen years.
(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
From thrix's timeline, it appears all the conditions have been met according to law. Now the question remains if an appeal was originally filed.
8 USC § 1452. Certificates of citizenship or U.S. non-citizen national status; procedure
(a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance
A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of this title, or under the provisions of the Act of August 4, 1937 (50 Stat. 558), or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or under the provisions of section 1403 of this title, may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.
So at the time of the interview the child has to be in the US. It is important also that the child was in the US at the time N-600 is submitted. It is also important to appeal the denial within 30 days.
(a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance
A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of this title, or under the provisions of the Act of August 4, 1937 (50 Stat. 558), or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or under the provisions of section 1403 of this title, may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.
So at the time of the interview the child has to be in the US. It is important also that the child was in the US at the time N-600 is submitted. It is also important to appeal the denial within 30 days.
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Congratulations!! Did they mention anything about the previous denial?
Of course. He was prettey pain in the a$$. Interview last for 1h. There was lots of questions, even for the old case. He didn't want to see any new evidence. Suddenly just asked for GC, ask to sign certificates and gave oath to her. After 30min they gave certificates to few people.