they wanted me to go there since my dad asked to expedite the process since he (my dad) wanted me to travel with him. it was not their idea just a simple request. i see where your point of view is coming from, but i consulted an attorney, did my own research, spoke with passport customer support about me qualifying, looked in different forums like this one, ect. everyone seem to agree that did in fact derived citizenship at birth and passport is one of the ways to go. either way i know i can still file for the n600.
Do i qualify for USA citizenship through parent?
- Thread starter locod64
- Start date
Correction, you did, in fact, ACQUIRED Citizenship at birth. Derived is a whole different story. let me explain:
U.S. citizenship can be obtained in one of four ways:
* birth in the United States or its territories
* birth to U.S. citizen parents (called "acquisition" of citizenship) ''which is your case''
* naturalization (obtaining citizenship after an application and exam), or
* naturalization of one's parents (called "derivation" of citizenship). ''and this isn't your case as you said he naturalized in the 70's and you were not even born by then therefore your citizenship is through acquisition because when you were born he was already a U.S. Citizen meeting all the requirements: (5 years of residency, 2 of those being after his 14th birthday.) also meaning that even if you pass your 21st birthday, you are still considered a U.S. Citizen. ( this case only applies if you are an LPR so as your dad and your dad naturalizes himself, then after his naturalization you become a U.S. Citizen through derivation).
I would say that if you were born to a U.S. Citizen and this person meets the residency requirements, you become automatically, at the time of your birth, a U.S. Citizen, no doubt about that. The only tricky part is which laws were in effect at the time the person in question was born. for example if a person was born on November 12th, 1986 and another person is born November 15th, 1986, they both will have different requirements to meet before actually saying ''I acquired citizenship at birth.''
Now, if a person is born November 16th, 1986, and the American parent doesn't meet the requirements of residency PRIOR the child's birth then that's not considered acquisition of citizenship and therefore that's when Green Card becomes an option.
Oh, by the way, Congratulations locod64, it seems like you're doing some good progress and you'll get your passport soon.
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I hope everything went alright, don't forget to come back to the forum and share what happened on your appointment.
Very good, congratulations!
cafeconleche
Registered Users (C)
Nice.
Jackolantern
Registered Users (C)
That's great! Thanks for the update.
Now you have another set of stuff to sort out ... SSN, driver's license, voter registration, Selective Service, etc.
And make a few copies of the first few pages of the PP, otherwise you may have to repeat this whole rigmarole with your father if you ever lose it.
Congratulations! Did you also apply for the Passport Card? In your case, having an additional proof of citizenship might be especially valuable. and of course, you may want to file an N-600 as well for additional documentation.
Very Nice locod64. Congratulations!
Hey locod64. Could you please tell me if in the USA passport you have both your last names as you have in your Dominican one.
For example: you know that in the dominican passport you have both last names from your dad and your mom as also stated on your birth certificate. Do you have both too, or just your father's last name?
Oh ok. one last question locod64 and thanks.
Just so I know, and this is for my knowledge so I know what to do in the future since my case is pretty much like yours.
You gave them:
- Foreign Birth Certificate from here ( Dominican Republic) (Legalized) and I guess with a translation into english right?
- Your dad's certificate of naturalization.
- Proof of residency prior to your birth ( it can be SSN Statements, etc).
- DNA test? since you were born out-of-wedlock.
and I guess in your case you gave them documents stating your father had legal custody over you.
Is that it? or am I missing something?
your correct on everything except they didnt care about the dna test. also for proof of residence they wanted a lot of evidence, like different type of documents. the more you send the better it goes. but good luck to you. man i havent been DR in almost 10yrs, i wounder would i still remember things!!! im going may 15th cant wait. hit me up if you have more questions!!! thank again everyone
Hi locod64,
I haven't had a chance to check the board for the last week. Congratulations!!!
I'm quite happy for you. Thanks for sharing the good news with the rest of us. Good luck with the N-600 and all other paperwork.Cheers
updates, just received another letter from them saying they need this from me asap!!!!
"The father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years," it needs to be from a court.
i already have the passport though? should i worry? they even called and left a voice message, and to think i was over with all this!!
when i spoke with them today, they told me it needs to come from a court before i turned 18th, i reminded her that i was over 18th and that i already had the passport, she said they still need it, well i spoke to my father, and he has evidence that he supported me but is not from a court! now im super worry and im going to cancel my trip out of the country i had for next week!!!
"The father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years," it needs to be from a court.
i already have the passport though? should i worry? they even called and left a voice message, and to think i was over with all this!!
when i spoke with them today, they told me it needs to come from a court before i turned 18th, i reminded her that i was over 18th and that i already had the passport, she said they still need it, well i spoke to my father, and he has evidence that he supported me but is not from a court! now im super worry and im going to cancel my trip out of the country i had for next week!!!
Jackolantern
Registered Users (C)
Didn't you already give them the court papers showing that your father won full custody? Send them another copy of that (notarized). Use some kind of certified mail so you know they got it (include a copy of the letter they sent).
And don't give back the passport just because they ask for it. Hold on to it and force them to take you to court if they want it back. Ignore their future letters asking for more information or asking you to return the passport, unless it is a court order (and even if it is a court order, get a lawyer to challenge it). Meanwhile, hurry up and apply for a Social Security number and driver's license.
This highlights the importance of getting the N-600. With the passport alone, your citizenship is apparently not as safe as it could be.
And don't give back the passport just because they ask for it. Hold on to it and force them to take you to court if they want it back. Ignore their future letters asking for more information or asking you to return the passport, unless it is a court order (and even if it is a court order, get a lawyer to challenge it). Meanwhile, hurry up and apply for a Social Security number and driver's license.
This highlights the importance of getting the N-600. With the passport alone, your citizenship is apparently not as safe as it could be.
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I agree that N-600 is a better proof of citizenship, plus it establishes at what time citizenship started. In completely clear cut cases passport might be as good as N-600, but in single parent, out of wedlock or any other complex case N-600 gives more assurances. Anyway, sorry to hear about your new complication. I hope that as Jackolantern points, if you have a full custody court paper I don't see how a court document about financial support would be needed. If someone gets full custody of a child I would think it is assumed that this parent is going to take care of any financial needs.
Jackolantern
Registered Users (C)
The other issue is that in a case like this, without the N-600 they might ask for this proof again when the passport is being renewed.
well i found out more on whats going on, looking over the papers i summited it was not a court order my dad had, but a power of attorney that my mother made giving up all her rights to my father. she decided this on her own since she couldnt afford to take care of me. blaw blaw. well my father agreed and took me at the age of 2.
well they are saying section 309 part 3 of the immigration law, required me to have had a document like this one. http://belgium.usembassy.gov/uploads/images/xccV3nMTXg1NdBplQbcIZg/AFFIDAVIT_OF_PATERNITY_2.pdf
well as soon as i heard of all this, i contacted my attorney, he told me not to give back the passport, and not to go by myself to any appointment they ask. also he mention that they are miss interpreting the law, since im over the age of 18th and shouldn't have to fulfill that one. because he has helped many people over the age 18th follow the same pass of citizenship through born abroad. he also gave me this link that proofs what he is saying. it comes from the usa embassy from Dominican republic. http://santodomingo.usembassy.gov/adult_citizenship-e.html
he told me they could place a hold on my passport so that i couldnt travel with it, and warned me about the trip i had in mind. so i guess we'll see what else this people need.
any input is always appreciated thanks evryone
P:S
i already have my social security plus my license should get to me soon thanks for the concern guys
well they are saying section 309 part 3 of the immigration law, required me to have had a document like this one. http://belgium.usembassy.gov/uploads/images/xccV3nMTXg1NdBplQbcIZg/AFFIDAVIT_OF_PATERNITY_2.pdf
well as soon as i heard of all this, i contacted my attorney, he told me not to give back the passport, and not to go by myself to any appointment they ask. also he mention that they are miss interpreting the law, since im over the age of 18th and shouldn't have to fulfill that one. because he has helped many people over the age 18th follow the same pass of citizenship through born abroad. he also gave me this link that proofs what he is saying. it comes from the usa embassy from Dominican republic. http://santodomingo.usembassy.gov/adult_citizenship-e.html
he told me they could place a hold on my passport so that i couldnt travel with it, and warned me about the trip i had in mind. so i guess we'll see what else this people need.
any input is always appreciated thanks evryone
P:S
i already have my social security plus my license should get to me soon thanks for the concern guys
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Jackolantern
Registered Users (C)
Are you saying the court never made a determination of custody? Even if they did nothing more than certify your mother's statement?
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