Confused about what application to file --- N 600 or N 400?

[lintui]

I know he procrastinated for so long and just waited until he really needed it. So here it is:

My hubby is now 47 yrs old. His mother (parents were married when he was born) became a citizen as of June 1981 (parents were divorced in 1980, so her naturalization certificate has a different last name from my husband's last name). He was 14 years old at the time and was in custody of her as well. My mother-in-law passed away back on Sept. of 2004. My father-in-law got his citizenship after he turned 18. He also still has his permanent resident alien card and it's the old one that never expires. So he hasn't even went and gotten the new one either. (The old i-551 resident card...issued when I was 12)

Do he use N 600 or N 400 to file?

We are trying to get a passport (finally haha) for him to travel out of country.

Thank you in advance!!! Any suggestions is much appreciated too.

 

[newacct]

So basically, your question is, is he a citizen? N-600 is to get proof of citizenship for someone who is already a citizen (in which case he can also get a passport directly, which is faster and cheaper than the Certificate of Citizenship). N-400 is to apply for naturalization for someone who is not a citizen.

I believe that he is likely a citizen. From 1952 to 2001, children automatically became U.S. citizens under INA 321, if while under 18: both parents naturalized, or the parents are divorced and the parent having custody of the child naturalized. I think this is the part that applies to him. There is some dispute on whether this needs to be sole custody or can be joint custody or unspecified custody arrangement; but if she had sole custody, then it is definitely satisfied.

 

[Jackolantern]

It appears that he is a US citizen based on what you wrote. Now the problem is proving it to the relevant authorities.

We are trying to get a passport (finally haha) for him to travel out of country.

He can apply for a US passport directly without the N-600, if he has his mother's official naturalization certificate (not a copy) and the other supporting documentation including legal custody papers and proof of physically living with his mother in the US at some point in time between her naturalization and his 18th birthday (school records are usually accepted for this purpose).

But if he doesn't have his mother's naturalization certificate, he'll need to apply for the N-600 first. That's because USCIS can verify her naturalization with their own records, but the Department of State doesn't have direct access to those records so they will insist on seeing either his mother's naturalization certificate or his own citizenship certificate.

 

[lintui]

So basically, your question is, is he a citizen? N-600 is to get proof of citizenship for someone who is already a citizen (in which case he can also get a passport directly, which is faster and cheaper than the Certificate of Citizenship). N-400 is to apply for naturalization for someone who is not a citizen.

I believe that he is likely a citizen. From 1952 to 2001, children automatically became U.S. citizens under INA 321, if while under 18: both parents naturalized, or the parents are divorced and the parent having custody of the child naturalized. I think this is the part that applies to him. There is some dispute on whether this needs to be sole custody or can be joint custody or unspecified custody arrangement; but if she had sole custody, then it is definitely satisfied.

It appears that he is a US citizen based on what you wrote. Now the problem is proving it to the relevant authorities.


He can apply for a US passport directly without the N-600, if he has his mother's official naturalization certificate (not a copy) and the other supporting documentation including legal custody papers and proof of physically living with his mother in the US at some point in time between her naturalization and his 18th birthday (school records are usually accepted for this purpose).

But if he doesn't have his mother's naturalization certificate, he'll need to apply for the N-600 first. That's because USCIS can verify her naturalization with their own records, but the Department of State doesn't have direct access to those records so they will insist on seeing either his mother's naturalization certificate or his own citizenship certificate.

Thank you both so much for your response and help! Wishing you Happy Holidays to you both! Thank you again! This really helped us to know which steps to take next.