Having problems with USCIS

linhans

Registered Users (C)
I am posting this for my husband and his twin brother who came legally to the US in 1958 from Germany with their Mom and number of siblings. Their Mom was naturalized and became a citizen in 1971 I believe and, at that same time, the 3 underage children were given citizen status with her. Now, at 62 yrs., they have become of age to get Soc. Sec. They both have worked all their lives, paid to SS and are being told that they are not citizens and have to acquire their citizenship papers from uscis. This is proving to easier said than done. My brother in law, husbands twin, has had his n600 accepted by uscis but never received a receipt or any indication from uscis that his papers are being processed. It has been 6 mos. since he filed them in Minnesota in St. Paul. My husband has filled his n600 out and tried to file it but uscis will not accept due to too little info. He gave them what they wanted and they won`t accept it. His mothers papers have been lost by the older members of his family and so there is little to give uscis. We don`t know what to do now. uscis said they are running a background check on my husbands mother and will call him when they find out something. I don`t really believe uscis calls anyone back. Does anyone on this forum have an idea of what we can do now. My husband served from `66 to `69 in the US Army and his papers clearly say he is a US citizen but SS won`t accept that. HELP!
 
I am posting this for my husband and his twin brother who came legally to the US in 1958 from Germany with their Mom and number of siblings. Their Mom was naturalized and became a citizen in 1971 I believe and, at that same time, the 3 underage children were given citizen status with her. Now, at 62 yrs., they have become of age to get Soc. Sec. They both have worked all their lives, paid to SS and are being told that they are not citizens and have to acquire their citizenship papers from uscis. This is proving to easier said than done. My brother in law, husbands twin, has had his n600 accepted by uscis but never received a receipt or any indication from uscis that his papers are being processed. It has been 6 mos. since he filed them in Minnesota in St. Paul. My husband has filled his n600 out and tried to file it but uscis will not accept due to too little info. He gave them what they wanted and they won`t accept it. His mothers papers have been lost by the older members of his family and so there is little to give uscis. We don`t know what to do now. uscis said they are running a background check on my husbands mother and will call him when they find out something. I don`t really believe uscis calls anyone back. Does anyone on this forum have an idea of what we can do now. My husband served from `66 to `69 in the US Army and his papers clearly say he is a US citizen but SS won`t accept that. HELP!
I suggest they contact their local congressperson to get involved with their case. There was a similar story several months ago of a US veteran who ran into difficulty in getting his citizenship papers eventhough his US military records showed he was a US citizen.

http://www.komonews.com/news/local/119080689.html
 
Thanks

I have sent to the Army to get all of my husbands papers from enlistment to discharge and we`re hoping that there will be something there. His discharge papers say Citizen but SS doesn`t accept that and neither does uscis. We are currently talking with a congressperson`s office to try to figure this out but they seem to not understand what we are trying to tell them. We will keep trying.
 
I am posting this for my husband and his twin brother who came legally to the US in 1958 from Germany with their Mom and number of siblings. Their Mom was naturalized and became a citizen in 1971 I believe and, at that same time, the 3 underage children were given citizen status with her.
How do you know that they were given citizenship status? Did they ever receive a US passport or citizenship certificate to confirm it, or did their mother just assume they obtained citizenship? Requirements for derivative citizenship back then were more complicated than today, and if they never received documentary proof of their citizenship, it's possible that they never became citizens.

Did they at least get green cards? If they never became citizens, they would still qualify to collect SS as green card holders, and the SSA should know about their green card status. So I have to wonder if they also didn't have green cards, and their mother just wrongly assumed they became citizens.

My husband served from `66 to `69 in the US Army and his papers clearly say he is a US citizen but SS won`t accept that. HELP!
In the old days the military would accept claims of citizenship with little or no verification, so USCIS and SS won't accept military records as proof of citizenship. However, military records (particularly if active duty) could be used to qualify for naturalization, if he didn't already obtain citizenship as a child.
 
It's just not that simple

I am posting this for my husband and his twin brother who came legally to the US in 1958 from Germany with their Mom and number of siblings. Their Mom was naturalized and became a citizen in 1971 I believe and, at that same time, the 3 underage children were given citizen status with her. Now, at 62 yrs., they have become of age to get Soc. Sec. They both have worked all their lives, paid to SS and are being told that they are not citizens and have to acquire their citizenship papers from uscis. This is proving to easier said than done. My brother in law, husbands twin, has had his n600 accepted by uscis but never received a receipt or any indication from uscis that his papers are being processed. It has been 6 mos. since he filed them in Minnesota in St. Paul. My husband has filled his n600 out and tried to file it but uscis will not accept due to too little info. He gave them what they wanted and they won`t accept it. His mothers papers have been lost by the older members of his family and so there is little to give uscis. We don`t know what to do now. uscis said they are running a background check on my husbands mother and will call him when they find out something. I don`t really believe uscis calls anyone back. Does anyone on this forum have an idea of what we can do now. My husband served from `66 to `69 in the US Army and his papers clearly say he is a US citizen but SS won`t accept that. HELP!

What was the dad's status? It used to require TWO alien parents naturalizing, a widowed (sole surviving), legally separated, or divorced parent; or a whole bunch of particular circumstances for a child to acquire or derive citizenship. On the other hand, ONE USC parent could transmit citizenship to a child at birth abroad under certain circumstances.

The law is complex and has changed many times over the years. The N-600 is one of the more complex adjudications the USCIS performs. He needs to sit down with a COMPETENT lawyer who knows this area of law very well and be thoroughly interrogated in order to get to the bottom of things. Most people in his situation do not understand what information is important so need to be grilled on the details in order to sort things out.
 
I think the real story is the the mom and her kids came to the US in 1958 with nonimmigrant visas, then the mother married and obtained a green card for herself but not for the children. Then in 1971 after she became a US citizen, she came home and told the children "Congratulations you are citizens now!", due to her misunderstanding of the law. While the reality was that the children had become illegal aliens due to the long overstay.
 
Dont Assume

All of them were immigrants, received green cards and the 3 younger children derived citizenship status when their mother became a naturalized citizen. The uscis said that their names are listed on the back of their mothers naturalization papers. They just refuse to show them to my husband or his brother. The govt. never informed their mother that, when they became adults, they would have to file to get their own citizenship papers. This has been admitted to already by the uscis office. Don`t assume. I will not post anymore here if assumption is the norm.
 
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Response

How do you know that they were given citizenship status? Did they ever receive a US passport or citizenship certificate to confirm it, or did their mother just assume they obtained citizenship? Requirements for derivative citizenship back then were more complicated than today, and if they never received documentary proof of their citizenship, it's possible that they never became citizens.

Did they at least get green cards? If they never became citizens, they would still qualify to collect SS as green card holders, and the SSA should know about their green card status. So I have to wonder if they also didn't have green cards, and their mother just wrongly assumed they became citizens.


In the old days the military would accept claims of citizenship with little or no verification, so USCIS and SS won't accept military records as proof of citizenship. However, military records (particularly if active duty) could be used to qualify for naturalization, if he didn't already obtain citizenship as a child.

They all got green cards. I have seen them.
 
Response

What was the dad's status? It used to require TWO alien parents naturalizing, a widowed (sole surviving), legally separated, or divorced parent; or a whole bunch of particular circumstances for a child to acquire or derive citizenship. On the other hand, ONE USC parent could transmit citizenship to a child at birth abroad under certain circumstances.

The law is complex and has changed many times over the years. The N-600 is one of the more complex adjudications the USCIS performs. He needs to sit down with a COMPETENT lawyer who knows this area of law very well and be thoroughly interrogated in order to get to the bottom of things. Most people in his situation do not understand what information is important so need to be grilled on the details in order to sort things out.

Their mother was legally divorced before leaving Germany. They derived citizenship from their naturalized mother.
 
The govt. never informed their mother that, when they became adults, they would have to file to get their own citizenship papers.
The govt. is indeed very bad about that. At the citizenship interview or oath, I wish they would tell all parents of under-18 LPR children to consider applying for a US passport or citizenship certificate for their children.

Don`t assume. I will not post anymore here if assumption is the norm.

Assumption is not the norm. But when something is posted that doesn't add up or is fraught with missing information, sometimes we try to fill in the blanks with our own interpretation in order to extract the full story or confirm our thoughts. It was very strange that the SSA would deny their Social Security on the basis that they're not citizens, because green card holders are also eligible to collect. So that's what led me to think they also never had green cards.
 
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Their Mom was naturalized and became a citizen in 1971 I believe and, at that same time, the 3 underage children were given citizen status with her.

...

My husband served from `66 to `69 in the US Army and his papers clearly say he is a US citizen but SS won`t accept that. HELP!

His mother became a citizen in 1971, but he served in 1966-1969? So how could he have been a US citizen when he was in the Army?

You said he's 62 now, which means he was born in 1948 or 1949. That means he would have turned 18 in 1966 or 1967, before his mother became a citizen, so he would have been too old to derive citizenship through her. You must have made a mistake somewhere with the facts and figures you listed.
 
I`m wrong

His mother became a citizen in 1971, but he served in 1966-1969? So how could he have been a US citizen when he was in the Army?

You said he's 62 now, which means he was born in 1948 or 1949. That means he would have turned 18 in 1966 or 1967, before his mother became a citizen, so he would have been too old to derive citizenship through her. You must have made a mistake somewhere with the facts and figures you listed.

She naturalized in `66. My mistake. Husband says he was 16.
 
The details make the difference....

Even in this still somewhat short thread, some confusion has been found and may only be the tip of the iceberg.

USCIS charges $600 to sort out the matter via form N-600.

How much will it cost if you go through a lawyer?
 
Tried that.

My husband and his brother have been 3 times to try to file n600. It took them 3 times to accept his brothers forms. He never got a receipt from them that I have heard he should have gotten to prove they were filed and in processing. They won`t even accept my husbands saying they must do a background check on his Mom and they would call him in a couple weeks to let him know if they are ready to accept his papers. It has been 6 mos. since his brother filed his. This whole thing is a big mess.
 
Putting the cart before the horse.....

My husband and his brother have been 3 times to try to file n600. It took them 3 times to accept his brothers forms. He never got a receipt from them that I have heard he should have gotten to prove they were filed and in processing. They won`t even accept my husbands saying they must do a background check on his Mom and they would call him in a couple weeks to let him know if they are ready to accept his papers. It has been 6 mos. since his brother filed his. This whole thing is a big mess.

On the USCIS website find the Adjudicator's Field Manual (AFM) on the laws tab and review Appendix 71-3 Nationality Chart #3.

I don't know if this link will work or not: http://www.uscis.gov/portal/site/us...7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

If he meets the stated requirements, he needs to come up with the evidence to prove it. If he needs to get at his immigration files he may have needed to start with a FOIA request rather than going straight to the N-600. He may be providing insufficient or incorrect base information in connection with the N-600 to allow USCIS to find his immigration file. FOIA is staffed by others who specialize in digging through old records and finding them. The N-600 adjudication deals with evaluating and interpreting the evidence as applied to the pertinent law but does not entail locating the evidence for you.

Visit the FOIA page http://www.uscis.gov/portal/site/us...nnel=34139c7755cb9010VgnVCM10000045f3d6a1RCRD

Visit the Expedite Criteria page http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Good luck,
 
My husband and his brother have been 3 times to try to file n600. It took them 3 times to accept his brothers forms. He never got a receipt from them that I have heard he should have gotten to prove they were filed and in processing. They won`t even accept my husbands saying they must do a background check on his Mom and they would call him in a couple weeks to let him know if they are ready to accept his papers. It has been 6 mos. since his brother filed his. This whole thing is a big mess.
They applied 3 times and their checks were cashed 3 times with no reply?
 
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