do i qualify to fill out a n600??

[FrankieCarbone]

i meet all the requirements but on the directions form there is one thing that caught my eye, and im not sure of and that is number 2, part C it says

you have been lawfully admitted for permanent residence.

now i have been in the us since i was 5 years old, came here thru a work visa from my mother then i started the process to become a resident, i did not become a resident until april 2004, i was over 18 at the time. However my father became a citizen before feb 2001, so when he became a citizen it was before that law passed and i WAS under 18 at the time, but i wasent a permanent resident yet, my paperwork was still in process and i was legally allowed to stay here the us, however i could not work.

so do i qualify to fill out a n-600?

 

[Huracan]

The way you have explained your case it seems you can't apply for N-600. The good news is that you should be eligible for N-400 naturalization and it is still quite fast now. The disqualifying thing I see in your case is that you got your GC after you turned 18. If you had obtained your GC before turning 18 you could have derived citizenship from your father (if you were still under 18 after Feb 2001 and got your GC).

 

[FrankieCarbone]

is the n-400 the method every green card holder has to fill out to become a citizen? another things is i served in the army for 5 months, from june 2006-dec 2006, and was discharged for misconduct for drug abuse, its not a dishonorable discharge but a "uncharacterised" discharge due to the fact i was there less than 6 months. would this ban me from becoming a citizen?

 

[Jackolantern]

is the n-400 the method every green card holder has to fill out to become a citizen?

Not every green card holder, just every green card holder who doesn't qualify for citizenship through their parent(s).

another things is i served in the army for 5 months, from june 2006-dec 2006, and was discharged for misconduct for drug abuse, its not a dishonorable discharge but a "uncharacterised" discharge due to the fact i was there less than 6 months. would this ban me from becoming a citizen?

An "uncharacterised" discharge by itself wouldn't prevent you from becoming a citizen under the regular 5 year rule, although it would prevent you from becoming a citizen more quickly under the rules that allow honorably discharged people to apply sooner than 5 years.

However, maybe the specifics of the drug charges could disqualify you or lead to deportation. You should see an immigration attorney before applying. Show the attorney the paperwork that was involved in your discharge.

 

[madh4]

However, maybe the specifics of the drug charges could disqualify you or lead to deportation.

I do not think OP can be deported as he has GC since 2004. The best for him i feel is to wait for 5 years since his drug offense in 2006 and apply.

 

[FrankieCarbone]

I do not think OP can be deported as he has GC since 2004. The best for him i feel is to wait for 5 years since his drug offense in 2006 and apply.

this was exactly what i was told by a immigration lawyer, that i should just wait 5 years from the date of the "offense" to apply for citizenship, which would be 5 years from december 2006. He told me i could apply now but its tricky given my situation, i mean i was discahrged from the army for drugs, but then again its not a charge i wasent arrested or anything like that they just drug tested me and i failed so they punished me and then discharged me. He said it might not go so well because in the interview they can ask me why i was discharged from the army and when i tell them what i did it all depends on the officer if it goes good for me or not, then he says if i wait 5 years from when it happened its different because they really just want the last 5 years if you behaved.

he also did tell me that if i wanted to i should take my fathers naturalization certificate and my green card and go to the post office and apply for a us passport, that given that i just barely missed that law that passed feb 2001 they might not notice and give me the passport, that all i have to loose is the fee. But i never did that, i figuered they arent dumb, and it would be a waste of money.

 

[Jackolantern]

I do not think OP can be deported as he has GC since 2004. The best for him i feel is to wait for 5 years since his drug offense in 2006 and apply.

If the drug offense is serious enough, and it was committed after the GC was granted, he could still be deported even 50 years after the offense.

The 5-year limit only protects his GC if the drug offense was disclosed on the GC application and then USCIS granted the GC anyway; in such a situation they would have a 5-year window to rescind the GC.

 

[Jackolantern]

he also did tell me that if i wanted to i should take my fathers naturalization certificate and my green card and go to the post office and apply for a us passport, that given that i just barely missed that law that passed feb 2001 they might not notice and give me the passport, that all i have to loose is the fee.

The lawyer is a bleeping idiot if he really told you that. You shouldn't trust anything he says.

 

[FrankieCarbone]

getting kicked out the army for testing positive on a urine test is a serious drug offense?

 

[Jackolantern]

getting kicked out the army for testing positive on a urine test is a serious drug offense?

Probably not. But you need to let a competent immigration lawyer see the actual paperwork for your discharge to figure out if it is serious enough to warrant deportation or denial of naturalization.

 

[FrankieCarbone]

well ive seen more than one lawyer and they pretty much tell me the same thing, to wait 5 years from when i was discharged from the army, now here is the thing, my "paperwork" on this is pretty straight fowards, its my dd-214 which is the paper you get when you are discharged and its a single sheet and basically it states how long i was in the service, my discharge and nature of discharge etc, it dosent go into specifics basically it just says under the reason box "Misconduct (Drug Abuse)" thats it, it dosent mention what drug it was (lets just say it wasent pot) and it dosent give any other information on the matter, but then again the immigration officer can ask me ok well what drug was it, i would have to tell her the truth, even though on my paperwork it dosent say which drug it was, now i dont know if they would go as far as to call JAG or something and ask them to give them the specific information, but the only mention of drugs on my military paperwork is that. And like i said its just one sheet.

 

[Jackolantern]

Assuming the lawyers gave you that advice after seeing your paperwork, I would follow what they say and wait out the 5 years which would bring you to December next year. I would also bring a lawyer to the interview, as the presence of the lawyer helps to deter the interviewer from asking "fishing" questions.

Note that having the attorney show up at the interview doesn't mean the attorney needs to handle your N-400 process from end to end (which would cost thousands of dollars). You can do all the paperwork yourself, and then use the attorney only for the one-off deal of being at the interview.

 

[FrankieCarbone]

one of the things that the lawyer mentioned, they said it would be good to have a lawyer present but they told me that a lawyer cannot say anything in the interview at all, the only time the lawyer can speak is if the immigration officer tells me something which is incorrect then the lawyer can step in and say "law such and such states otherwise" but other than that i was told a lawyer with me during a interview wont stop them from asking me details about what exactly happened with my army discharge.

 

[Jackolantern]

one of the things that the lawyer mentioned, they said it would be good to have a lawyer present but they told me that a lawyer cannot say anything in the interview at all, the only time the lawyer can speak is if the immigration officer tells me something which is incorrect then the lawyer can step in and say "law such and such states otherwise" but other than that i was told a lawyer with me during a interview wont stop them from asking me details about what exactly happened with my army discharge.

True, but having the lawyer present provides a psychological advantage even if the lawyer doesn't do anything. The interviewer will usually avoid telling or asking you stuff if they're not completely sure that it's appropriate for them to tell or ask you that, as they're keeping in mind how the lawyer might use the interviewer's words or actions against them in an appeal.

 

[sanjoseaug20]

And like i said its just one sheet.

... so you did not get any other document as part of the proceedings? Discharge is like the last step, I am sure something must have happened before that.
Why I am asking is because the document might provide some further light on how the charges equate to a civil charge, and that might help people make a call on whether it deportable, forgivable or whatever...

 

[FrankieCarbone]

no the way it went was i graduate the first portion of my training i got some leave time, during this time was when i consumed the drug, when i got back to the base 2 days later they drug tested us, 3 days later BEFORE the results came in i felt bad about it and i confessed to my company commander (captain) what i had done. After that i had a sit down with his "boss" the battalion commander and he asked me what i would like to do, if i would like to take this to court marshall or if i wanted to just let him decide what to do with me, he warned me that if i went to court marshall i could face jail time and fines and all that non sense, and its best to just let him punish me, so i signed the paperwork saying i did not want a court marshall that i just wanted them to handle it, so he punished me by giving me 45 days extra duty, and 2000 dollars deduction from my next 2 months pay, after that i would be discharged. While being in the process of discharge its mandatory for them give me a bunch of psych tests and physicals and what not which happens to everybody being discharged, at one point i did have to take a 2 day alcohol and drug abuse class in which they determined i wasent a drug addict it was just a isolated incident and i just made a bad choice. Anyways on my very last day when i was being sent home they hand me my discharge papers (the dd-214 i spoke about earliers). They gave me 4 copies, 3 were clean which means it only statesd i was discharged and i did not complete my full term, then the thirds one is the full one which at the bottom has an additional box with the details, those details being type of discharge "uncharacterised" and reason "Misconduct (drug abuse)".

so they gave me 4 copies of my dd 214, my civilian bag with all the stuff i brought with me and gave me a plane ticket and said good bye.

now there was alot of paperwork before likei said most of them physicals i took, my punishment, there was a paper in ther about me confessing i used drugs, there was also a paper in there saying i tested positive, but they keep all that stuff. All i got is my dd-214 which is what every person who gets discharged from the military gets, wether is a dishonorable or wether they retire.

 

[FrankieCarbone]

no the way it went was i graduate the first portion of my training i got some leave time, during this time was when i consumed the drug, when i got back to the base 2 days later they drug tested us, 3 days later BEFORE the results came in i felt bad about it and i confessed to my company commander (captain) what i had done. After that i had a sit down with his "boss" the battalion commander and he asked me what i would like to do, if i would like to take this to court marshall or if i wanted to just let him decide what to do with me, he warned me that if i went to court marshall i could face jail time and fines and all that non sense, and its best to just let him punish me, so i signed the paperwork saying i did not want a court marshall that i just wanted them to handle it, so he punished me by giving me 45 days extra duty, and 2000 dollars deduction from my next 2 months pay, after that i would be discharged. While being in the process of discharge its mandatory for them give me a bunch of psych tests and physicals and what not which happens to everybody being discharged, at one point i did have to take a 2 day alcohol and drug abuse class in which they determined i wasent a drug addict it was just a isolated incident and i just made a bad choice. Anyways on my very last day when i was being sent home they hand me my discharge papers (the dd-214 i spoke about earliers). They gave me 4 copies, 3 were clean which means it only statesd i was discharged and i did not complete my full term, then the thirds one is the full one which at the bottom has an additional box with the details, those details being type of discharge "uncharacterised" and reason "Misconduct (drug abuse)".

so they gave me 4 copies of my dd 214, my civilian bag with all the stuff i brought with me and gave me a plane ticket and said good bye.

now there was alot of paperwork before likei said most of them physicals i took, my punishment, there was a paper in ther about me confessing i used drugs, there was also a paper in there saying i tested positive, but they keep all that stuff. All i got is my dd-214 which is what every person who gets discharged from the military gets, wether is a dishonorable or wether they retire.

 

[andreandgerald]

Hi everyone.
i will apply for N600 on wednesday at Saipan, CNMI USCIS office.
i am a filipina and half chamorro, i was born in PI but my father is a US Citizen and my mother a filipino.
my father died in 2005 but before he died he acknowledge me as his biological daughter and i can use that acknowledgement in any jurisdiction.
If i file my application on wednesday, July 7, 2010 when do you think i can receive my certificate?
considering i am a daughter of a born US citizen father.
please help me.

 

[Jackolantern]

Hi everyone.
i will apply for N600 on wednesday at Saipan, CNMI USCIS office.
i am a filipina and half chamorro, i was born in PI but my father is a US Citizen and my mother a filipino.
my father died in 2005 but before he died he acknowledge me as his biological daughter and i can use that acknowledgement in any jurisdiction.
If i file my application on wednesday, July 7, 2010 when do you think i can receive my certificate?
considering i am a daughter of a born US citizen father.
please help me.

Your situation is different from the one in this thread, as you apparently don't even have a green card yet. Please start your own thread, and state whether your father obtained US citizenship before your birth, and whether your mother ever got US citizenship. Also state your current immigration status, if you are inside the US.

 

[andreandgerald]

Your situation is different from the one in this thread, as you apparently don't even have a green card yet. Please start your own thread, and state whether your father obtained US citizenship before your birth, and whether your mother ever got US citizenship. Also state your current immigration status, if you are inside the US.

HOw do i start a thread? sorry, i'm really new here. well, my dad was a born US citizen and my mom never got US citizenship. My current status in an Immediate Relative of a US citizen. i came to the CNMI(Commonwealth of Northern Marianas) april of 2008, and still lvin here .
When i went to the USCIS office, the immigration officer told that i first need to apply for n600 then after getting approve i can apply for a US passport. that's why i'm working on my n600 ryt now. do you have any tracker for N600?