Deportation proceedings against my husband were dropped. We are now considering whether to wait and see what happens w/ his N-400 application or to file N-600 or apply for a U.S. passport. Husband was born in Mexico to a U.S. citizen father and a Mexican mother (married).
Certificate of Citizenship or Passport?
- Thread starter manbecdan
- Start date
Jackolantern
Registered Users (C)
On what basis was the deportation dropped? Is it because they agreed he is already a citizen? If yes, he should directly apply for a passport and forget about the N-400. The passport is faster and cheaper, so apply for it before the N-600.
richmondva
Registered Users (C)
I think you have provided very little information for people to really help you. You need to spend some time and type a slightly longer post with details if you really expect sincere help from good folks here. 
Why did he file N-400 if he already has a claim to US citizenship?
Because of poor communication, my husband did not know that his father was a u.s. citizen from birth. He always assumed that he naturalized.
On what basis was the deportation dropped?
He was in the process of being deported after filing for n-400. He confessed to an arrest in 1987 of misdemeanor marijuana posession. They investigated and found that there wasn't enough evidence as to the amount of marijuana. The deportation proceediongs were then dropped.
If the father had resided for 5 years (2 of them after age 14) in the US, then your husband should be a US citizen at birth.
Thank you. My husband has 5 (two older than him) other brothers and sisters who were born in the U.S. and have always been US citizens.
Because of poor communication, my husband did not know that his father was a u.s. citizen from birth. He always assumed that he naturalized.
On what basis was the deportation dropped?
He was in the process of being deported after filing for n-400. He confessed to an arrest in 1987 of misdemeanor marijuana posession. They investigated and found that there wasn't enough evidence as to the amount of marijuana. The deportation proceediongs were then dropped.
If the father had resided for 5 years (2 of them after age 14) in the US, then your husband should be a US citizen at birth.
Thank you. My husband has 5 (two older than him) other brothers and sisters who were born in the U.S. and have always been US citizens.
Jackolantern
Registered Users (C)
Those brothers and sisters are irrelevant. At the time of your husband's birth, your husband's father himself needs to have physically lived for at least ten years in the USA, including 5 years after age 14, in order for your husband to be a citizen by birth. And he would need that proof in order to apply for a passport or N-600.
However, if your husband's father did not meet that criteria, your husband may still have derived citizenship after birth. Did your husband's mother become a US citizen before your husband turned 18?
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Jackolantern
Registered Users (C)
No, it would be 10 years, 5 after age 14, because her husband was born before 1986.
Thanks for the info.
I remember reading about 5 years (2 of them after age 14). I thought it was a general rule regardless.