Do i qualify for USA citizenship through parent?

Huracan said:
Start an application for Green Card, try an expedited passport and N-600 for good measure.
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I would warn against those. This unusual case needs a thorough review, and an expedited passport request could result in them denying it instead of giving it the time and attention it deserves. Then once it's denied it could be an expensive legal battle to get it approved.

Applying for a green card could create a problem in that it could be seen as an admission of not having citizenship. It could even result in the N-600 or passport application being denied. Applying for the GC should be used as a last resort; something to pursue only if the N-600 or passport attempts either fail or remain undecided in the month before he turns 21.
 
Jackolantern said:
I would warn against those. This unusual case needs a thorough review, and an expedited passport request could result in them denying it instead of giving it the time and attention it deserves. Then once it's denied it could be an expensive legal battle to get it approved.

Applying for a green card could create a problem in that it could be seen as an admission of not having citizenship. It could even result in the N-600 or passport application being denied. .
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greeen card application and N600 may interfere each other nagatively because they are both handled by USCIS. But I doubt passport can be affected. Passport is handled by The state department. State dept may cross check with USCIS but I doubt State can go as far as to check if green card is being applied for or not
 
updates so far!!!!
when to our local post office to file for a us passport, we have 90% of paper work needed even a blood test done here, in a uscis approve clinic. but they kept asking us for proof of entry, is a residence stamp they give people when they arrive. we try explaining our case to the officer there, but he didn't want to receive our application since i couldn't proof legal entry in this country. uhm my lawyer did not mention that even though he knew i didn't receive any kind of stamp. crap!!! now only have two options left n600- or go the green card way. also my dad feels like filling the application himself for the passport and taking our chances with the people that review it instead of the local guy at the post office. would this be smart move?

Huracan
about your question about my father's physical presence, he served in the Vietnam war for 6 years, and lived here a total of about 15 years before i was born. so with his old drivers license's and army discharged papers our lawyer said he meet the that requirement.
 
locod64 said:
updates so far!!!!
when to our local post office to file for a us passport, we have 90% of paper work needed even a blood test done here, in a uscis approve clinic. but they kept asking us for proof of entry, is a residence stamp they give people when they arrive. we try explaining our case to the officer there, but he didn't want to receive our application since i couldn't proof legal entry in this country. uhm my lawyer did not mention that even though he knew i didn't receive any kind of stamp. crap!!! now only have two options left n600- or go the green card way. also my dad feels like filling the application himself for the passport and taking our chances with the people that review it instead of the local guy at the post office. would this be smart move?

Huracan
about your question about my father's physical presence, he served in the Vietnam war for 6 years, and lived here a total of about 15 years before i was born. so with his old drivers license's and army discharged papers our lawyer said he meet the that requirement.
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Hmm, it is strange that they would need to see proof of entry for the passport application. You might try a different post office or, if that does not work, make an appointment at a passport agency:
http://travel.state.gov/passport/about/agencies/agencies_913.html
At a passport agency you'd be dealing directly with the State Department personnel.
 
locod64,
here's a case that might be of interest to you that deals with legitimation under the laws of the Dominican Republic and naturalization in the U.S. --> http://www.uscis.gov/err/E6 - Appli...ecisions_Issued_in_2008/May142008_01E6323.pdf

the case is distinguishable from your case because the father and mother in this case eventually married, but i don't believe that the absence of marriage between your father and mother will make a difference. this will probably help in your efforts in obtaining evidence to support your application.
 
You could try a different post office. If you have been a citizen at birth I'd think that the stamp on the passport is of little or no consequence. It could be of consequence if you had derived citizenship through your dad's naturalization (in that case you should have been in the US before 18). However, this is not your case, you are applying as a US citizen at birth. Anyway, perhaps a different post office or going to the closest passport agency (they might make an exception and take your application if you explain the circumstances).

PS: Thanks for the clarification about physical presence.

Good luck.
 
locod64 said:
updates so far!!!!
when to our local post office to file for a us passport, we have 90% of paper work needed even a blood test done here, in a uscis approve clinic. but they kept asking us for proof of entry, is a residence stamp they give people when they arrive. we try explaining our case to the officer there, but he didn't want to receive our application since i couldn't proof legal entry in this country.
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The post office people are not immigration officers. They are mistaken. They must be thinking of derived citizenship under the Child Citizenship Act, which requires legal entry either as a permanent resident, or via another status which got adjusted to permanent resident. But that doesn't apply in your case which is derived citizenship at birth. Go to another post office, and insist that they accept the application and let the Department of State decide it. Or go to a passport agency.

I would also advise applying for N-600 in addition to the passport. Given the unusual circumstances surrounding your citizenship, it would be useful to have one solid unexpiring piece of proof of citizenship separate from your passport.
 
sunny808 said:
locod64,
here's a case that might be of interest to you that deals with legitimation under the laws of the Dominican Republic and naturalization in the U.S. --> http://www.uscis.gov/err/E6 - Appli...ecisions_Issued_in_2008/May142008_01E6323.pdf

the case is distinguishable from your case because the father and mother in this case eventually married, but i don't believe that the absence of marriage between your father and mother will make a difference. this will probably help in your efforts in obtaining evidence to support your application.
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Given that his father was granted full custody, presumably on the basis of being legally recognized as the father, he would have satisfied part (c) below, and thus would not need to prove (a).

" while the person is under the age of 18 years -- (a) applicant is legitimated under the law of their residence or domicile; (b) father acknowledges paternity of the person in writing under oath, or; (c) the paternity of the applicant is established by adjudication court."
 
I think enough people have said it, but I will repeat to separate from other discussion - go to passport agency as there is no middleman (post office) there, and even if the clerks there do not know the law well, their knowledge will be much higher than the post office personnel, and they will be able to tap into a knowledgeable person right then and there.
 
Jackolantern said:
Given that his father was granted full custody, presumably on the basis of being legally recognized as the father, he would have satisfied part (c) below, and thus would not need to prove (a).

" while the person is under the age of 18 years -- (a) applicant is legitimated under the law of their residence or domicile; (b) father acknowledges paternity of the person in writing under oath, or; (c) the paternity of the applicant is established by adjudication court."
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That's what I'd like to find out - the OP did say his father had custody but I don't know if it's legal or physical custody. I think the Dominican Republic's laws on legitimation has been liberalized in the 90's and, at least from what I've read, children born out of wedlock have the same rights as children born in marriage. Including his name in the OP's birth certificate might be enough to establish (a) and thus the need to go to court (if there hasn't been a court proceeding) can be eliminated. OP needs to verify this under the laws of the Dominican Republic or the laws in his state. If they did go to court and the father's legal and physical custody has been adjudicated, then I agree that he doesn't need to do (a)--- or (b) for that matter.
 
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yes my dad did go to court to have full custody at the time of my birth, my mom was in college and couldnt take care of me so my dad was granted full custody since i was an infant
 
locod64 said:
yes my dad did go to court to have full custody at the time of my birth, my mom was in college and couldnt take care of me so my dad was granted full custody since i was an infant
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that's good to hear. when you go to your passport agency, you need to establish that by providing a copy of the custody order, with a corresponding translation if necessary. you also need to show proof of your father's US citizenship. as others have pointed out, and as you have discovered, the post office is not the best place to determine what is necessary to establish your claim to citizenship/ability to get a US passport. best of luck!
 
locod64 said:
also my dad feels like filling the application himself for the passport and taking our chances with the people that review it instead of the local guy at the post office. would this be smart move?
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Of course it would be a smart move to avoid the judgment of the post office people; you want them to deliver the application to the authorities who are qualified and have the right to make the decision. Don't bring the unusual nature of your situation to their attention; you want them to just shut up and accept the application.

Did your father voluntarily start discussing the details of your situation at the post office, or did he simply keep quiet and hand the papers over to the post office guy and the guy butted in with his own judgment of the situation?
 
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my dad simply asked to speak to the person in charge of helping with passport, and the person told him the list of things he needed and among them was the proof of legal entry. no my dad is real careful about mentioning personal things like that since it could backfire.
since the guy wasnt of much help my dad just said he,'ll mail it directly after the people at the post office take a quick glance.
also do you have to show it to the people at the post office? or can i just mail it straight to the state department? we are doing this asap tomorrow
 
For your first time passport you must apply in person. Your father doesn't need to be there in person, as you are an adult, but you need to be there.

Go to a different post office where you won't see that guy. And hand over the documents without saying anything.

If you get resistance about the proof of entry, just firmly state that born US citizens do not require proof of legal entry, and you do not have a record of entry because you were already a US citizen when you entered as a child and you were coming from Canada by land before they required passports or secure documents for land entry. And tell them that you are not applying for a passport based on the Child Citizenship Act, you are claiming citizenship at birth based on Sections 309(a) and 301(g) of the Immigration and Nationality Act which do not require your entry to the US or proof of it.

Be persistent. Stand up in front of them and don't go away easily. Remind them that you are not asking them to give you a passport on the spot, you only want them to accept the application so the Department of State can make the decision based on the evidence.

If they still refuse to accept it, call the National Passport Information Center at 1-877-487-2778 and explain your troubles in getting the post office to accept your application and ask if they can do anything to help you get it accepted.
 
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ok today we went to a different post office, we asked to speak to the person that handle first time passports. he asked to see all the require paper work but when he saw i had a Dominican republic passport he proceeded to ask for my green-card. i told him i didn't get one since i was born a citizen. then he moved on and accepted the application. he also kept my dad original naturalization papers which kinda freaked out my father. uhm now what? and will they return my fathers paper work back with the passport or separate?
 
If I'm not wrong, you'll get the naturalization certificate back separately. But YOU are getting your passport soon! Congratulations!
 
cafeconleche said:
If I'm not wrong, you'll get the naturalization certificate back separately. But YOU are getting your passport soon! Congratulations!
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Sounds promising. Usually supporting documents will arrive within a day or 2 of the passport. They do not send them together just in case 1 piece of mail is lost.
 
locod64 said:
ok today we went to a different post office, we asked to speak to the person that handle first time passports. he asked to see all the require paper work but when he saw i had a Dominican republic passport he proceeded to ask for my green-card. i told him i didn't get one since i was born a citizen.
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Why did you show them the DR passport? Is it because that's the only government ID you have? Fortunately that didn't ruin things for you. You'll soon be officially recognized as a US citizen!

I would still advise applying for N-600, if not right after you get the passport, apply some other time when you have the money. With your fuzzy citizenship background it helps to have one solid root document of your own that proves citizenship. Naturalized citizens get a naturalization certificate, US-born citizens have a birth certificate, but for you the root document goes back to your father's certificate and his other evidence. But before that, you have other documents to obtain or update, like Social Security Card and Driver's license.
 
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