Do I qualify under Child Protection Act?

faysal said:
Passport is travell document. It does not estublish citizenship. For example, if you wanna seek any benefits from government, say you wanna petition for your wife or run for office, you must show citizenship certificate, not a passport....
Click to expand...

Nonsense. A U.S. passport is issued by the Department of State, a federal agency that is by law authorized to determine if someone is a U.S. citizen. In almost all situations, a U.S. passport is considered to be a proof of U.S. citizenship. Contrary to what you said, this includes petitioning a relative for an immigration benefit with USCIS (see the instructions for I-130, http://www.uscis.gov/files/form/i-130instr.pdf). Similarly, for the purposes of job eligibility verification, when filing W-4, a passport is an acceptable document for proving U.S. citizenship, while a certificate of citizenship is not. When you apply for a driver's license, voter registration, social security card, etc, a U.S. passport is considered a valid proof of U.S. citizenship. Different states have different rules for running for office but I have never heard of a state where a U.S. passport would not be considered sufficient. As I remember, for some federal elected offices one is required to be a citizen for a certain number of years; I could imagine that in such a situation a passport, while proving citizenship, may not be viewed as sufficient proof that someone has been a U.S. citizen for the required number of years; but that is a very rare situation unlikely to apply to most people.

Of course, there are additional benefits in having a non-expiring document certifying U.S. citizenship, such as a naturalization or a citizenship certificate. However, to say that a U.S. passport "does not establish citizenship" is bollocks.
 
Last edited by a moderator:
anxiouscdn2 said:
I don't buy the average time being about 3 months. It varies a lot depending on location. 3 months is more like a minimum, and in some locations (such as Atlanta, where I am) it seems that the typical time is at least 5 months, at present. If the OP can gather up some papers and apply successfully for a passport, he'll save significant time and money.
Click to expand...

True, my own N-400 took almost 7 months from start to finish here in Massachusetts.
 
Jackolantern said:
Bear in mind that because you are applying with the old law, the staff at the post office may be unfamiliar with it and may be inclined to reject your application. So you will have to be firm and persistent; remind them that you are not asking them to approve anything or give you a passport right now, you only want them to take the documents and let the Department of State make the decision based on the evidence.
Click to expand...

Very good point. The reason I want to proceed with the passport is I may be traveling out of the country in a few months and I don't want to use my reallyyyyyy old no expiration GC which was issued to me 20+ yrs ago :). My job sometimes requires to travel outside US. A few months ago I went to Mexico for work related business and I was afraid if my old GC would work which it did. Mexican authorities didn't have any issues but when I came back, US authorities very politely reminded me that I should replaced it with a new one or become naturalized citizen since my photo (20+ yrs old :) was wayyyy outdated and for some added security issues. Keep in mind that old GC with no expiration date is still valid although there is a "PROPOSAL" to make it invalid and need to be replaced.
 
baikal3 said:
Nonsense. A U.S. passport is issued by the Department of State, a federal agency that is by law authorized to determine if someone is a U.S. citizen. In almost all situations, a U.S. passport is considered to be a proof of U.S. citizenship. Contrary to what you said, this includes petitioning a relative for an immigration benefit with USCIS (see the instructions for I-130, http://www.uscis.gov/files/form/i-130instr.pdf). Similarly, for the purposes of job eligibility verification, when filing W-4, a passport is an acceptable document for proving U.S. citizenship, while a certificate of citizenship is not. When you apply for a driver's license, voter registration, social security card, etc, a U.S. passport is considered a valid proof of U.S. citizenship. Different states have different rules for running for office but I have never heard of a state where a U.S. passport would not be considered sufficient. As I remember, for some federal elected offices one is required to be a citizen for a certain number of years; I could imagine that in such a situation a passport, while proving citizenship, may not be viewed as sufficient proof that someone has been a U.S. citizen for the required number of years; but that is a very rare situation unlikely to apply to most people.

Of course, there are additional benefits in having a non-expiring document certifying U.S. citizenship, such as a naturalization or a citizenship certificate. However, to say that a U.S. passport "does not establish citizenship" is bollocks.
Click to expand...

There is no need of insults...just make your point...Passports are derived from naturalization certificate or
birth certificate...and that is all I am saying....
 
faysal said:
There is no need of insults...just make your point...Passports are derived from naturalization certificate or
birth certificate...and that is all I am saying....
Click to expand...

baikal3 wasn't insulting you and was making his/her points clearly. You had claimed that a passport was only a travel document and does not establish citizenship, which is clearly wrong.
 
Joint Custody IS good enough if parents seperated/divorced before 18th bday

Sole Custody is not required for derivative citizenship, previous to the CCA. Everyone, including the US State Dept and USCIS on the phone will tell you this but it is not correct. INA Section 321(a)(3) states: "The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence." The problem comes in with the interpretation of "legal and physical custody"-everyone, including most gov't contacts will tell you that legal custody means sole custody, but they are incorrect. The US State Dept, which issues passports and has the authority to determine citizenship, has put out a bulletin called "Passport Bulletin 96-18". Among other thing Passport Bulletin 96-18 states: "If the parents have a joint custody decree, then both parents have legal custody. Thus, the naturalization of either parent would be sufficient to satisfy the Section 321(a)(3)." This is a direct quote from the US State Department documented in Passport Bulletin 96-18. Passport Bulletin 96-18 can easily be found on wikileaks, simply search for "96-18" and it will be your first hit. Of course, this only applies if your parents separated/divorced BEFORE your 18th b-day (if they did after then both still have to be USC). I know many will disagree on this thread, etc, etc. The proof I have? I got my US Passport granted to me under this exact circumstance approx 6 months ago. I had my Green Card, my fathers certificate (my father was a USC before my 18th b-day), I was in the US, and my father had a JOINT CUSTODY DIVORCE DECREE with my mother. My mother never became a USC. Please note, I had to fight for it with the US State Dept, and even had to get an appeal sent to D.C. but with Passport Bulletin 96-18 in their hand they had no choice but to grant me my first US Passport (I never have had a Certificate of Citizenship). I have my US Passport in hand. If you need help let me know. (actually, didn't know u could attached files, I've attached Passport Bulletin 96-18)
 
Last edited by a moderator:
Thanks for posting that bulletin and describing your experience. It won't affect the OP, whose father had full custody anyway, but it is useful information for others who were in a situation where the parents had joint custody.
 
One more point I feel is important: people always advice to "file for the N-400, or N-600" to determine citizenship, then apply for your passport. Depending on your situation this is not necessarily the best course of action. People will randomly, and w/o direct experience say things like "if you are a USC then apply for your n-600/N-400..if you are legal you have nothing to fear..etc" Well, this is also not true. The USCIS and US Dept of State have diff interpretations of what defines "legal custody". Sadly, one can get approved for a US Passport but get denied a N-400/N-600 application, based on exactly the same grounds. In my case, I will never file for my N-400. Why? Well, I already have my US Passport and that unequivocally proves my USC. And I could actually get denied the N-400, then USCIS could also retroactively take back my US Passport-it's just not worth it. This is not some trick to get around the law, remember the US Dept. of State already determined I met requirements for USC and approved my US Passport but we can't deny that gov't offices don't always work together and can disagree with each other. (note: remember that if you feel you derived citizenship from your parent/parents then you will need to have their Certificate of Citizenship when applying for your US Passport.)
 
Now that you have a US passport, you WILL get denied the N-400. Remember that N-400 is for people who are not yet citizens and want to become citizens, whereas N-600 is for those who already obtained citizenship through birth or parentage but want to obtain official proof of their citizenship.
 
My Point

Jack, my point is not regarding which one I should apply for if I were interested in doing so (yes, I would need to use the N-600..). My point is that even though I have a US Passport, which is conclusive (and "official") proof of US citizenship, I STILL could get denied the N-600 due to the fact that the USCIS and the US State Dept have different interpretations of what defines "legal custody".
 
tufa4311 said:
Jack, my point is not regarding which one I should apply for if I were interested in doing so (yes, I would need to use the N-600..). My point is that even though I have a US Passport, which is conclusive (and "official") proof of US citizenship, I STILL could get denied the N-600 due to the fact that the USCIS and the US State Dept have different interpretations of what defines "legal custody".
Click to expand...

I understand and agree with your point, but if you're going to correct people in one post you shouldn't write something in the very next post that is incorrect or misleading.
 
Jack, I c u r on this forum a lot. Please pass on the info of Passport Bulletin 96-18 to anyone u feel it would assist. thx
 
Hello again guys,

Just to give an update. It took a while to gather the documents since my Dad moved back to my native country permanently. Fortunately, my brother went on vacation last month and recently came back and brought back the following documents:
- Father's original Certificate of Citizenship
- Court document that proves he has full custody of me when I was a minor
- Copy of my birth certificate

I'm filing to get a US passport and so far I have the following documents:
My old no expiration GC, birth certificate, my fathers COC, full custody document. I know that I need proof that I lived with him before I turned 18 which I did. My question is how do I obtained these proof such as school records? or are there any other ways to obtain such proof. Are the current documents that I have sufficient enough? thanks guys. this forum has been very helpful.
 
Some medical records showing the same address as your father, or school reports showing the same address as your father. I would think that is enough proof. Contact your school or health provider, they might be able to help. This is just my personal opinion.
 
OLD THREAD UPDATE!!

Hello again guys, just want to update the people who helped me with suggestions, rules regarding my original post. I went with the passport approached back in August and was APPROVED :). I submitted all the documents that you guys suggested..green card (no expiration 22 yrs old greencard with my baby face..haha) , birth certificate, my father's certificate of naturalization, custody paper and school records.

I didn't file N600 because of the cost $460 and it went up to $600 last month :(. But guess what??? the new cost and newly revised form came with good news for me. If you're veteran of the US Armed Forces..IT"S FREEEEEEEE..yes. Serving in the US Marine Corp paid off among other good things serving in the military. So I'm going to go ahead and file N600. Again, I want to thank you all for the help. Semper Fi
 
Congratulations! :) It seems you have everything under control now. I'm glad to hear about the savings on the N-600 side if you are a veteran. All in all I think USCIS is treating active military and veterans better each day. Glad to hear that.
 
Way to go Rikk, and it is indeed good news that USCIS is giving military and veterans a highly deserved break. I certainly don't paying a slightly higher fee for that.
 
Jackolantern said:
Thanks for posting that bulletin and describing your experience. It won't affect the OP, whose father had full custody anyway, but it is useful information for others who were in a situation where the parents had joint custody.
Click to expand...
Can I please get this bulletin
 
You must log in or register to reply here.
Top