Citizenship Interview in San Jose CA

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Dave28

Registered Users (C)
Hello Guys,

My citizenship interview is scheduled for July 22nd 2008. However i need to know if it is possible to get sworn in the same day if all goes well.
Reason for asking is because i have made plans to travel out of the state for a few months and probably won't be returning for another couple of months.

Does anyone know if it is possible to get sworn in the same day as the interview date?

Also, i have a son who was born out of wedlock and lives in Europe. He is only 2 years old. I included his name in my application for citizenship. My question is can i also interview on my son's behalf in order to get him approved for citizenship on the same day?

Thanks
Dave
 
Currently SJ DO does not give same day oath. If you know your travel dates then after the IO says you have passed , you can make a request for the oath date to be after you return. You could also request for the earliest but most likely that slot will be full.


Reg your child's application, it is more complicated for me to answer but the info is all online and also in this forum.
 
I concur with aabbcc11 on the same day oath. San Jose doesn't do that. Your out of wedlock son is a different issue. You don't interview on his behalf, and he cannot do a real N-400 naturalization. Either he derives citizenship from you or he doesn't. There is not much you can do for him at the interview. You can do more research on the department of state website, but I think his citizenship would depend on him getting permanent resident status. I don't think he will be able to obtain citizenship automatically unless he becomes or applies for Green Card (well, you apply on his behalf). It might be complicated depending on custody rules. It's difficult to say more with the little information you provided.
 
Thank you very much aabbcc11 and Huracan.

Regarding the Oath ceremony, do you guys think it is advisable to see if i can hold the oath ceremony at the state where i am traveling to? This is because i am thinking of moving to the East Coast due to a career change and would prefer not to come all the way back here to the West coast solely because of the Oath Ceremony. If it is going to cause extensive delays i.e 6 mths or so, i'll rather just bite the bullet and travel back here to SJ.

Also i have read somewhere on this forum that i need to take 5 years worth of tax returns with me to the interview. Ironic because the application did not mention anything like that and my friends in the east coast who applied there weren't asked to bring in their tax returns. Any advice please...

Regarding my child who was born out of wedlock, i guess i was under the impression if i included his name on the application and I am granted citizenship, he would be an automatic citizen as well.

One thing i have learnt is that i may need to travel to the UK in order to file for him there. This information was obtained on this site http://www.usembassy.org.uk/cons_new/acs/passports/robirth.html
 
It would look like you are actually looking for a delay between the interview and the oath, so moving to a new State could do the trick to delay things just enough. However, it looks like you are going to do the trip first and then the moving, if that's the case then it won't help. I don't think the delay if you move between interview and oath should be more than a couple of months. However, I don't have any experience on this.

For your situation I think it might be advisable to get the tax papers and proof that you have been supporting your out of wedlock child financially. I think this can easily come up as a question during interview.

For your child's citizenship. I think the page you provided refers to children acquiring citizenship at birth. This would not be the case with your child who is already born. You would like to find how he can gain citizenship now that he was born already and before you attained US citizenship. I'll try to find a good link later, but off the top of my head I think it would involve some sort of Green Card application for him first. I have a vague feeling that there was a similar case in this forum a few months back. INA 320 as far as I know would need you to have legal and physical custody of the child. You might want to do some research too on INA 322 or in derivative citizenship in general.

Unfortunately adding your child in the N-400 doesn't help to get him citizenship, it just helps USCIS to know to ask you the question about child financial support ;)

This is an interesting read, although it doesn't apply to your exact case now, but it could be one of your avenues if you decide to go the avenue of GC for your child and can get custody of the child. Anyway, it illustrates some cases that apply for out of wedlock children under the current child citizenship act of 2000.

http://149.101.1.32/olc/2003/ins_opinion.pdf

INA 322, which might apply to your case. However, the major obstacle I see with your case is that you don't have custody of the child. Perhaps someone else knows another way:

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558dbe
 
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Once again, thank you very much for the advice.. I will ask these set of questions immediately i have been told i have passed the citizenship interview and post the results on this thread for others who may need answers to a similar inquiry
 
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