Do I Apply for US Passport or N600?

E

EpicMX

New Member
Hey guys Ive been reading a lot on this matter and have read a lot of mixed opinions so I would like to ask this for once.

My stituation is as follows:

My dad has been an American Citizen since his birth, My mom is from Mexico since Birth, I was born in 1990 out of Wedlock in Mexico and have never been to the US even tho I see my dad regularly.

I was told I should apply for a US Passport at the Embassy in Mexico cause its easier and cheaper than filing the N600, But When I look online for the papers I need to apply for a US Passport it says I need to bring proof of US citizenship like the Certificate of Citizenship and as far as I know I only get that by filing the N600?

Question is, Do I need to file the N600 before applying for a US Passport ot not? Can I just go to the Embassy with all my papers and my dad's papers and get a passport? And also, Can I use photocopies of my dad's papers or do I need the originals? Thanks a lot for any input.
 
First, you do not need a Certificate of Citizenship or CRBA to apply for a US passport. Anyone with US citizenship can apply for a US passport directly. You missed the part about secondary proof of citizenship. Basically, the same evidence of US citizenship that can be used to apply for a Certificate of Citizenship or CRBA can also be used to apply for a US passport.

But the big issue in your case is whether you have US citizenship in the first place. Because you were born out of wedlock to an American father, there are additional requirements in order for you to have US citizenship by birth from your father. Not only does your father have to have been physically present in the US (any time in his life before your birth) for a cumulative total of 5 years, including 2 years after he turned 14, but also the following things must be done before you turned 18:
  • You were legitimated under Mexican law, your father acknowledged your paternity in writing under oath, or your paternity was established by adjudication of a competent court, and
  • Your father agreed in writing under oath to support you until you turned 18
The first requirement is not that hard to satisfy; it is not hard to imagine that a court determined your paternity or something. But the second requirement (written agreement of support) generally is only satisfied if your father applied for a CRBA for you. It doesn't matter if he actually supported you or was ordered by a court to support you -- he needed to have specifically, voluntarily agreed in writing under oath (administered by an official who is authorized to administer oaths). People don't generally go around taking oaths unless there is a need, which for this only happens when applying for a CRBA. So if he never applied for a CRBA for you (and since you are over 18 now, it is too late to do), chances are that you are not a US citizen.
 
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