How to prove US citizenship

[Edson 617]

Why didn’t somebody catch and flag… what exactly? When they do that, they send an RFE. I’m leaning towards your father got sent an RFE that he didn’t respond to, and that’s why the case was never processed to completion. These are the options (taking into account that you seem unsure as to what application was actually sent):

-IF you were qualified for automatic acquisition of citizenship (which it doesn’t appear you were, but let’s go with if) - an N400 submission would have been denied because you were already a citizen, while an N600 application would have been either approved (in which case you would have your certificate) or an RFE sent if evidence was lacking before it could be approved.
-if you needed your father to apply for naturalization for you (seems to be the case from the dates involved) and he submitted an N400, either you would have had a naturalization ceremony/certificate (didn’t happen) or an RFE would have been sent for evidence lacking to back up the application. (An N600 application would have been denied because you weren’t a citizen yet.)

I am not sure what the timeframe was then, but if you don’t respond to an RFE within the specified time the case is denied as abandoned.
Similarly, if an N400 is approved but you never show up for the naturalization ceremony and don’t reschedule within a specified amount of time, the case is abandoned.

Also, why do multiple FOIAs? Isn’t the only one you actually need your A-file, which will have everything relevant in it?

I did multiple FOIAs because the last time my father did one he was sent mostly legal paperwork from INS having to do with my legal issues and mostly blank pages. A few pages were about my adoption. Also I am still looking for the 2 relevant documents that were sent to the state department instead of to my lawyer at the time. I have no idea what they are or what they say. Also a naturalization ceremony was not required for children under 14. An n600 and n400 are administratively closed if they are not filed in time. Citizenship is not automatically denied as there are ways to reopen the process. I believe there was no need for my father to apply for N400, he probably needed to apply for an N600. Were the 2 documents sent to the state department the request for RFE or a letter asking him to file an N600? I have no idea. The fact that they got sent to the state department still confuses me. Wouldn't the n600 or n400 fall under USCIS responsibility?

 

[newacct]

Citizenship is not automatically denied as there are ways to reopen the process.

The naturalization process for minors needed to have been completed (including oath, although you said it was waived if you were very young) before you turned 18. Since you are over 18, that process is dead if it was not completed before you turned 18.

I believe there was no need for my father to apply for N400, he probably needed to apply for an N600.

I don't know what are the exact forms he needed to have filed. But what is certain is that the citizenship is not automatic; it needs an application and approval before you turned 18. It's different from the people who got automatic citizenship, who can get a certificate at any time.

 

[Edson 617]

So after some more research on my own I figured out that I do not fall under any of the pre 2000 CAA categories for automotic citizenship nor do I derive citizenship from my parents because they were US born citizens and did not naturalize. I apologize I'm not a lawyer I'm just trying to figure out what happened with my application. Clearly something was filed on my behalf as the basis for the detainer back in 2002 was that my file was incomplete. On that note, in everything I have received so far through FOIA requests there are no rejection letters, no acceptance letters no requests for RFE. The mystery now is what were the 2 documents or pages sent to the state department? I'll update as I find out more.

 

[kartion]

While waiting on your FOIA results, gather all your documents,

Long and complex story. I was born in Brazil in 1979. Was adopted by US American citizens in Brazil and brought to America in 1987. LPR green card. Sometime in the 90s my father filed an n600 form on my behalf. Fast forward 2002 I get in legal trouble and end up incarcerated. I get called into an office with an INS agent who proceeds to tell me that my n600 file was not complete and missing a page or pages, so therefore I am not a US citizen and was eventually ordered removed and deported. I get released on OSUP and have to report in. At some point my father and I talk and realize that something doesn't seem right with this whole situation. We hire a lawyer and she files an FOIA with DHS and USCIS seeking all files related to my adoption and the missing pages from the n600 form. She received a CD with 400 pages of documents and a cover letter. The cover letter stated that they had found "potentially relevant documents" but had sent 2 pages in their entirety to the state department for their response to my attorney. My attorney sends a letter to the head of records keeping at the state department asking for the documents as part of the FOIA. She has to hand my case off to a fellow attorney due to personal reasons. The new attorney never gets in contact with me or my father and when I go searching for him, I find out he has closed his law firm down. Due to the current political climate I have filed an FOIA with DHS and the State Department myself recently asking for these documents. I am still required to report to ICE through email, but they are now asking people to report in person and most are not coming back home. I don't need this, I have a wife and a job, house all that. I am still waiting for my FOIA request to be processed, what do I do in the meantime? If I'm asked to report in person? I have been in touch with my country of births consulate since this started and they have refused to have me deported there as I am considered a citizen of the United States through my adoption. But the Trump administration is now deporting people to other countries and I don't want to die in a foreign country away from my family.

While waiting on your FOIA results, gather all your documents, adoption papers, old USCIS/INS correspondence, N-600 copies, and any letters from lawyers or agencies. If told to report in person, consult an immigration attorney first and consider bringing someone with you. Keep the consulate’s statement on your citizenship, as it may help fight removal.

 

[SusieQQQ]

So after some more research on my own I figured out that I do not fall under any of the pre 2000 CAA categories for automotic citizenship nor do I derive citizenship from my parents because they were US born citizens and did not naturalize

?? Newacct told you this in their first response 4 pages ago.

 

[Edson 617]

Research on your own??’ Newacct told you this in their first response 4 pages ago.

Yeah I don't know who that person is. Is he immigration lawyer? I don't know who he is or who your are or if you are even experts at what you telling other people on here.I'm not just going take someone's word on a forum, I'll go looking for myself and I admitted I was wrong.

 

[Edson 617]

While waiting on your FOIA results, gather all your documents,


While waiting on your FOIA results, gather all your documents, adoption papers, old USCIS/INS correspondence, N-600 copies, and any letters from lawyers or agencies. If told to report in person, consult an immigration attorney first and consider bringing someone with you. Keep the consulate’s statement on your citizenship, as it may help fight removal.

Yes I will do that thank you. My worry is not that I will be returned to my country of birth because they have already stated to ICE that under their federal laws the adoption of child is permanent and final and unless I willingly ask to return, documents will not be issued. My worry now is do I get detained and sent to Africa or El Salvador. I would rather not go through that, so if it really gets to that point I will get my affairs in order and call it a life. I would rather die on my own terms than in some foreign country in a cage

While waiting on your FOIA results, gather all your documents,


While waiting on your FOIA results, gather all your documents, adoption papers, old USCIS/INS correspondence, N-600 copies, and any letters from lawyers or agencies. If told to report in person, consult an immigration attorney first and consider bringing someone with you. Keep the consulate’s statement on your citizenship, as it may help fight removal.

 

[Sm1smom]

Yeah I don't know who that person is. Is he immigration lawyer? I don't know who he is or who your are or if you are even experts at what you telling other people on here.I'm not just going take someone's word on a forum, I'll go looking for myself and I admitted I was wrong.

Well if you’ll be researching and looking for the information on your own, why post in a forum where you know nothing about the people posting there, asking for their opinion? A complete waste of peoples time IMO!

 

[SusieQQQ]

Yeah I don't know who that person is. Is he immigration lawyer? I don't know who he is or who your are or if you are even experts at what you telling other people on here.I'm not just going take someone's word on a forum, I'll go looking for myself and I admitted I was wrong.

So you just wasted everyone’s time answering your questions? Great.

 

[Sm1smom]

Edson 617 - this forum does not condone use of inappropriate language, your post has been deleted as a result. Subsequent violation will result in elevated administrative action against your account.​