MY N600 UPDATE INFORMATION

She was admitted as an LPR who resided with father USC. But CBP didn't give any documentation at port of entry when she came at age 3 which would have made their lives much easier because when they got green card in 2012, they set her interview one month after 18th birthday (of course) which if before 18th bday would have granted automatic citizenship albeit via naturalization not via birthright.

If she was admitted as an LPR she would have had an immigrant visa that got stamped on entry. That’s all that CBP does on entry, they weren’t supposed to give her any “documentation”. What happened to her passport? That would have held the evidence of her entry as LPR.
 
Why would they have admitted her as an LPR and not a citizen if she has a citizen father?

This is why I kept asking you what status she entered on....

If she wasn’t registered as a citizen at a consulate abroad, and you said she wasn’t, then that’s how it works. (Not every US citizen is able to pass on citizenship to a child born abroad by the way - it’s not automatic as you seem to assume, although it probably would have been fine in this case if the father had registered her.) So if she is not registered as a citizen (in which case she would obviously have entered on a US passprt), then as a child of a citizen she gets an immigrant visa but basically becomes a citizen when she arrives in the US, if she is arriving permanently.
 
Why would they have admitted her as an LPR and not a citizen if she has a citizen father?

I'm assuming that her father satisfied the transmission requirements (over 5 years of physical presence [not just residence] in the US before her birth, and at least 3 of those years after the age of 14)? If so, she can try applying directly for a US passport (with or without the certificate of citizenship).

Because her birth was never registered, USCIS has no record of her being a citizen, hence her LPR status (I've heard stories where citizens born abroad were even issued non immigrant visas and be in that status for years, or even deported before they made the claim to citizenship), but it doesn't change the fact that she was a citizen from birth, simply that she would have to make that claim (through US passport or filing the N-600).

il.usembassy.gov/u-s-citizen-services/passport-services/first-time-passport-adult-not-yet-documented-u-s-citizen/
 
Hi everyone,

I'd like to share an experience of applying for US passport of my spouse;
His dad obtained US citizen when my spouse was 13, at that time he lived in abroad (UK) but his dad's lived in US. My spouse received his GC when he was 18 and 10 months and has lived in US since then.

He tried to apply N-400 after held the green card cat.IR7 for more than 5 years [The online application won't let him]
So he tried applying N-600 instead and the application was received at local office on July 2018.

He learned from this forum and was advised by one of the lovely members here so he decided to apply for US passport while his N-600 has already been received. The reason he didn't want to wait for the N-600 to be approved or denied because he will be sponsoring me a green card as soon as he received either citizenship cert. or passport. He applied US passport on July 16th, 2018. He had all required documents upon applying. A week later he received a letter from DOS like this;

Dear Mr. XXX:
Thank you for your recent passport application. If you have already obtained a Certificate of Citizenship issued by the U.S. Citizenship and Immigration Services (USCIS), please submit this document to our office. If a Certificate of Citizenship has not been obtained, please submit the following:
 A combination of documents such as school, tax, medical, or court records that documents you were in the legal and physical custody of your U.S. citizen parent(s) after you entered the United States for lawful permanent residence and before your 18th birthday.


He replied to DOS by writing a letter saying;
Dear Customer Service Department,
I applied for a U.S Passport on July 17th, 2018 on the basis my father XXX XXXXX became a U.S. Citizen when I was thirteen years old. I gave my father U.S Citizenship Certificate to the clerk and other supporting documents, I was told by the clerk the other documents were not needed. My father U.S. Citizenship Certificate and my Permanent Residence Card was sent in with my application. I am attaching such supporting evidence at this time.

Sincerely,


Today August 01, 2018: he's expecting to hear something from DOS. However, he was once told by a paralegal that he was not illegible the N-600 but N-400. So based on the situation above, you guys think my spouse will get a US passport or what?

Thanks
Alex
 
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Hi everyone,

I'd like to share an experience of applying for US passport of my spouse;
His dad obtained US citizen when my spouse was 13, at that time he lived in abroad (UK) but his dad's lived in US. My spouse received his GC when he was 18 and 10 months and has lived in US since then.

He tried to apply N-400 after held the green card cat.IR7 for more than 5 years [The online application won't let him]
So he tried applying N-600 instead and the application was received at local office on July 2018.

He learned from this forum and was advised by one of the lovely members here so he decided to apply for US passport while his N-600 has already been received. The reason he didn't want to wait for the N-600 to be approved or denied because he will be sponsoring me a green card as soon as he received either citizenship cert. or passport. He applied US passport on July 16th, 2018. He had all required documents upon applying. A week later he received a letter from DOS like this;

Dear Mr. XXX:
Thank you for your recent passport application. If you have already obtained a Certificate of Citizenship issued by the U.S. Citizenship and Immigration Services (USCIS), please submit this document to our office. If a Certificate of Citizenship has not been obtained, please submit the following:
 A combination of documents such as school, tax, medical, or court records that documents you were in the legal and physical custody of your U.S. citizen parent(s) after you entered the United States for lawful permanent residence and before your 18th birthday.


He replied to DOS by writing a letter saying;
Dear Customer Service Department,
I applied for a U.S Passport on July 17th, 2018 on the basis my father XXX XXXXX became a U.S. Citizen when I was thirteen years old. I gave my father U.S Citizenship Certificate to the clerk and other supporting documents, I was told by the clerk the other documents were not needed. My father U.S. Citizenship Certificate and my Permanent Residence Card was sent in with my application. I am attaching such supporting evidence at this time.

Sincerely,


Today August 01, 2018: he's expecting to hear something from DOS. However, he was once told by a paralegal that he was not illegible the N-600 but N-400. So based on the situation above, you guys think my spouse will get a US passport or what?

Thanks
Alex
Unless your spouse entered the US on a Green Card before his 18th Bday he didnt get Citizenship through his dad. Seeing tht his Father Naturalized when he was 13 and he still lived in the UK.
 
Yeh, I totally agree but will see how it turns out. My silly question tho why the USCIS didn't reject his N-600 at first place likewise the passport office shouldn't accept the PP application.
 
Unless your spouse entered the US on a Green Card before his 18th Bday he didnt get Citizenship through his dad. Seeing tht his Father Naturalized when he was 13 and he still lived in the UK.

The GC cat. IR-7 he received is by his dad. CAT. IR-7 is a child of USC?
 
Yeh, I totally agree but will see how it turns out. My silly question tho why the USCIS didn't reject his N-600 at first place likewise the passport office shouldn't accept the PP application.

That's probably because they would still like to check whether he really has the claim to US citizenship (he doesn't). Just get him to apply for naturalization. He got his GC when he was over 18, so he wouldn't qualify for derivative citizenship anyway. And even if they by mistake approve his N-600, it would be granted in error since he never had the claim to begin with, and he would still have to naturalize on his own.
 
IR-7 cat. on his GC means a child of USC, right? So I was wondering how he got that under his dad then.
 
IR-7 cat. on his GC means a child of USC, right? So I was wondering how he got that under his dad then.
IR-7 means unmarried under-21 child of US citizen who adjusted status (actually, the child just has to be under 21 at the time the I-130 is filed). It doesn't mean the child got permanent residency before 18.
 
My spouse was denied the passport application. What do you think should him withdraw the N600 and apply N400 instead? He is not sure if his N600 will be denied too as it was received and has transferred to FL local office.

Please advise
 
You were already given the correct information

Unless your spouse entered the US on a Green Card before his 18th Bday he didnt get Citizenship through his dad. Seeing tht his Father Naturalized when he was 13 and he still lived in the UK.

That's probably because they would still like to check whether he really has the claim to US citizenship (he doesn't). Just get him to apply for naturalization. He got his GC when he was over 18, so he wouldn't qualify for derivative citizenship anyway. And even if they by mistake approve his N-600, it would be granted in error since he never had the claim to begin with, and he would still have to naturalize on his own.

So it seems clear his N600 will be rejected too?
 
Thanks for input! The USCIS will refund the fee $1,125 once it is denied coz accepted by error or it is non refundable.

Thanks
 
Thanks for input! The USCIS will refund the fee $1,125 once it is denied coz accepted by error or it is non refundable.

Thanks

The fee you paid is for processing the petition, not an approval fee, it is therefore none refundable. Your petition was not accepted by USCIS in error, you erroneously filed. USCIS is required to accept and process filed petitions which is what they’ve done. If your fiancé’s N600 is denied, you will not be getting any refund.

And please stop duplicating the same issue over several threads in the forum. You have a previously opened thread where this has been discussed.
 
Thanks again, do you have any idea why the application wasn't rejected when first received? Have heard that once illegible the app will be rejected but not received or transferred to local office. Please advise
Thanks
 
By the way next week my spouse made an appointment with local USCIS to find out if he should withdraw the N600 and apply N400 instead.

As you mentioned the N600 will be definitely denied so no point to wait for 13-18 minths. He rather file the N400 which takes only 12 months processing.

Thanks for your advices but my spouse really wanted to hear it also from the officer. I know you guys here are expert but nothing is guaranteed here unless more accurate from the USCIS.

P.S. we called the USCIS and we're were told that even the PP was denied somehow the N600 might be not. We were very confused so that why my spouse had to make an appointment with USCIS.
 
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