N-400 Help Please!!!

[Jackolantern]

I really appreciate your help in all this. I'm still trying to figure out what do you mean by go get your passport u s passport decided I mean I do are you talking about going to the USPS office and to apply for U s passport the need 2 forms of ID I have a drivers license but the other birth certificate I do not have as I was born in Japan

The documentation for your passport application will be different from what most Americans use. You will need to rely on your adoption papers and other evidence based on the Child Citizenship Act, as you don't have a US birth certificate or citizenship certificate.

If you get the US passport (with expedited service) before October 6, you can either abandon the N-400 or tell them you've already successfully claimed US citizenship under the Child Citizenship Act by obtaining a US passport.

You still haven't answered the question of whether you were living in the US between Feb. 27, 2001 and your 18th birthday, or whether your mom and stepdad were still married on your 18th birthday. Those facts can affect your citizenship eligibility under the CCA.

 

[Rahstyes]

The documentation for your passport application will be different from what most Americans use. You will need to rely on your adoption papers and other evidence based on the Child Citizenship Act, as you don't have a US birth certificate or citizenship certificate.

If you get the US passport (with expedited service) before October 6, you can either abandon the N-400 or tell them you've already successfully claimed US citizenship under the Child Citizenship Act by obtaining a US passport.

You still haven't answered the question of whether you were living in the US between Feb. 27, 2001 and your 18th birthday, or whether your mom and stepdad were still married on your 18th birthday. Those facts can affect your citizenship eligibility under the CCA.

My mom and step dad were married at that time and i was in california during that time.

 

[baikal3]

My mom and step dad were married at that time and i was in california during that time.

That's good, because this means that your step-dad did have legal custody of you at the time, which is one of the requirements of the CCA.

You'll still need to get some documentation that at some point between Feb 27, 2001 and your 18th birthday you resided with your step-dad in the U.S.
Presumably you were in high school at the time, so get the high school records for the Spring 2001 semester. The school records should show your home address and your parents names (including your step dad's name), so they'll probably be sufficient for that purpose. You'll also need to collect various other documents, such as your birth certificate, the divorce decree for the original marriage of your biological father and your mother, the marriage certificate for the marriage between your step-dad and your mom, and the adoption papers including the final adoption decree.

 

[Rahstyes]

That's good, because this means that your step-dad did have legal custody of you at the time, which is one of the requirements of the CCA.

You'll still need to get some documentation that at some point between Feb 27, 2001 and your 18th birthday you resided with your step-dad in the U.S.
Presumably you were in high school at the time, so get the high school records for the Spring 2001 semester. The school records should show your home address and your parents names (including your step dad's name), so they'll probably be sufficient for that purpose. You'll also need to collect various other documents, such as your birth certificate, the divorce decree for the original marriage of your biological father and your mother, the marriage certificate for the marriage between your step-dad and your mom, and the adoption papers including the final adoption decree.

Can I just show them my driver liscence .. with my home adress one it in the states or somthing?

Thats going to be very hard to provide since that was years ago.. How should i go on by doing this? I dont have a birth certificate.. because japan does not make birth cirtificates... What do i have to do call the school? Will they even have a record of my adress at the school? it was so long ago..

 

[baikal3]

Can I just show them my driver liscence .. with my home adress one it in the states or somthing?

No, they will definitely need something more substantive than just a driver's license. As I said, school records should probably be sufficient.

Thats going to be very hard to provide since that was years ago.. How should i go on by doing this? I dont have a birth certificate.. because japan does not make birth cirtificates...

Do you have any other records from the country of birth showing your birth-date? E.g. a national passport?

What do i have to do call the school? Will they even have a record of my adress at the school? it was so long ago..

2001 is not particularly long ago. Call up your high school and talk to them directly - they'll have some procedure in place for requesting copies of your school records.

 

[Rahstyes]

No, they will definitely need something more substantive than just a driver's license. As I said, school records should probably be sufficient.


Do you have any other records from the country of birth showing your birth-date? E.g. a national passport?


2001 is not particularly long ago. Call up your high school and talk to them directly - they'll have some procedure in place for requesting copies of your school records.

can i used my japanse passport?

Also is it true that you had to graduate from highschool to become a us citizen

 

[baikal3]

can i used my japanse passport?

Perhaps, I am not sure.

Also is it true that you had to graduate from highschool to become a us citizen

Certainly not, there is no such requirement.

By the way, according to Wikipedia, Japan does have a system functionally equivalent to birth certificates, called "koseki" (family record), and you should be able to request a copy of yours by mail:
http://en.wikipedia.org/wiki/Koseki

 

[Rahstyes]

Perhaps, I am not sure.



Certainly not, there is no such requirement.

By the way, according to Wikipedia, Japan does have a system functionally equivalent to birth certificates, called "koseki" (family record), and you should be able to request a copy of yours by mail:
http://en.wikipedia.org/wiki/Koseki

acsualy i have that.. so thats already taken care of..

 

[Jackolantern]

My mom and step dad were married at that time and i was in california during that time.

Good. Now gather up the following:

1. Your Japanese birth record ("Koseki")
2. A certified English translation of the Koseki
3. The marriage certificate of your mother and stepdad
4. The divorce decree or legal separation papers of your mother and stepdad, if they got divorced or legally separated (if they're not still married, it's important to show whether they got divorced or separated before or after Feb. 27, 2001).
5. Your high school records from the start of 2001 to 2002
6. The divorce decree from your mother's previous marriage, and a certified English translation if it's not already in English
7. Your green card
8. Your US adoption decree
9. Your stepdad's US birth certificate
10. Form DS-11 (passport application form)

Was your adoption done inside or outside the US? If it was outside, that could complicate things and possibly disqualify you from citizenship under the CCA (which would mean N-400 is your only option). Non-US adoptions have to follow certain procedures to be recognized by the US government for immigration purposes, and not all foreign adoptions follow all those procedures (especially adoptions from decades ago).

 

[Rahstyes]

does being adopted on a us military base.. apply?

 

[Jackolantern]

does being adopted on a us military base.. apply?

Yes, if a US government official handled the adoption and your adoption decree was issued by the US government that would qualify as a US adoption and you won't have to worry about whether it would be recognized for your citizenship purposes.

 

[Rahstyes]

Yes, if a US government official handled the adoption and your adoption decree was issued by the US government that would qualify as a US adoption and you won't have to worry about whether it would be recognized for your citizenship purposes.

Acsually might of gotten adopted in japan.. but translated in the us embassy?

also does the koshki count for the aboard papers?

 

[baikal3]

Acsually might of gotten adopted in japan.. but translated in the us embassy?

If the actual adoption was performed by the Japanese authorities, this may or may not be a problem (a translation at the U.S. embassy does not mean anything, what counts is who performed the adoption).
The rules for applying the CCA to children adopted abroad are really complicated, see pp. 24-30 in the State Department manual:

http://www.state.gov/documents/organization/86759.pdf

It might matter how exactly (in which visa status) you were admitted to the U.S. after the adoption.

You should probably consult an immigration lawyer before submitting a U.S. passport application.

 

[Rahstyes]

If the actual adoption was performed by the Japanese authorities, this may or may not be a problem (a translation at the U.S. embassy does not mean anything, what counts is who performed the adoption).
The rules for applying the CCA to children adopted abroad are really complicated, see pp. 24-30 in the State Department manual:

http://www.state.gov/documents/organization/86759.pdf

It might matter how exactly (in which visa status) you were admitted to the U.S. after the adoption.

You should probably consult an immigration lawyer before submitting a U.S. passport application.

How much would a immigratiom lawyer cost?

My visa status when i first came .. was a temp alien for 2 years before i became perm.

 

[Jackolantern]

How much would a immigratiom lawyer cost?

Around $200-$400 for a one-hour consultation. But probably over $2000 if you want them to handle your whole passport or N-600 process.

If you gather up the documents I listed in post #29, and fill out the DS-11 passport application and N-600 to the best of your ability, bring the papers to the lawyer (and describe your situation including all the facts you mentioned in this thread from your N-400 problem to your adoption in Japan -- write down the essential details so you don't forget), I think you can get it done in less than 3 hours of their time: First a 1.5 hour consultation for them to review your documents and get an understanding of your situation, then a one-hour consultation another day to review everything one last time after you've made the corrections and brought any additional documents that they suggested.

Also show the lawyer the passport you used to enter the US when you first immigrated as a young child, if you still have that old passport. And if there are military records of you being a dependent of your stepdad when you were living on the military base before moving to the US, also bring that.

My visa status when i first came .. was a temp alien for 2 years before i became perm.

Baikal was more specifically referring to the category of the immigrant visa that was stamped in your passport which allowed you to immigrate to the US, such whether it was CR2, IR2, IR3, or IR4.

However, from what you stated about getting the 2-year card, it appears that you had CR2, which means you might not qualify for derivative citizenship unless you were readopted in the US. But let the lawyer figure it out.

 

[baikal3]

How much would a immigratiom lawyer cost?

My visa status when i first came .. was a temp alien for 2 years before i became perm.

As Jackolantern wrote above, the precise visa status in which you originally entered the U.S. is what's important here.
Was it CR-2? IR-2? Something else?

About an immigration lawyer:

Before an in-person consultation, you might try a phone consultation first. Phone consultations are usually cheaper and some lawyers also provide free phone consultations (which, nevertheless, still need to be scheduled in advance).
If you google something like

"immigration lawyer" "free phone consultation"


you should get some relevant links.

However, before you talk to a lawyer, on the phone or in person, you have to have all your relevant info in order (where, when and by which authority the adoption decree was issued, in which visa status you originally entered the U.S., etc).

 

[Jackolantern]

About an immigration lawyer:

Before an in-person consultation, you might try a phone consultation first. Phone consultations are usually cheaper and some lawyers also provide free phone consultations (which, nevertheless, still need to be scheduled in advance).

For a situation like this where the outcome is heavily dependent on certain details in a set of old documents that the OP doesn't really understand (adoption details from before the Hague Convention, type of immigrant visa, etc.), it's probably better to go straight to an in-person consultation. One way around that "documents unseen" limitation is if the key documents can be sent via fax to make them available for the phone consultation, however that could be very expensive because they could bill for an hour or two just to review the documents before the phone consultation, and it's harder to control how much time they spend on that if they have the documents available offline.

 

[Rahstyes]

Okay i looked at my old passport.. it seems i have entered with a cr-2 ... My dad also said that he did my adoption a tthe us consolate in japan.. as he was stationed over seas.. He said is us soil.

 

[baikal3]

Okay i looked at my old passport.. it seems i have entered with a cr-2 ... My dad also said that he did my adoption a tthe us consolate in japan.. as he was stationed over seas.. He said is us soil.

Well, you have to look up the actual adoption documents yourself and check for certain who exactly issued them.

However, at the end it may not matter whether the adoption was foreign or domestic.

For some adoption-related visas (such as IR-4 and IH-4) a re-adoption in the U.S. is required in order for the child to derive citizenship under the CCA. However, it appears (if I am reading it right) that for CR-2 a domestic re-adoption is not required.

See pp. 26-27 in http://www.state.gov/documents/organization/86759.pdf :

"CR-2 - The child is the admitted conditionally into the United States as the stepchild of a U.S. citizen who has been married to the alien parent for less than 2 years. The conditional category is valid for 2 years and may be adjusted to an IR-2 at the end of the two years. It is a conditional category because of the possibility of marriage fraud.
A child admitted as a CR-2 acquires U.S. citizenship automatically as soon as he or she meets the statutory requirements of INA 320, as amended.
Documentary Requirements
If the child is admitted as a CR-2 - the parent's marriage certificate and a copy of a full and final foreign or domestic adoption decree by a U.S. citizen. In order for a child in this category to acquire U.S. citizenship, the adoption must have taken place by age 16 and the child must have resided with and in the custody of the U.S. citizen for 2 years. The date which citizenship is acquired could be (1) the two-year anniversary of the marriage which should coincide with the 2 year residence requirement; or (2) the date of the full and final domestic adoption.

Passport specialists at domestic passport agencies and centers and consular
officers abroad must verify the date of marriage to determine if the 2-year requirements (length of marriage and legal and physical custody) have been met. If one or both have not been met, the application must be denied. However, the applicant should be advised that citizenship may be acquired as soon as the 2-year requirements are met. (Acquisition will depend on whether or not the child is still in the legal and physical custody of the U.S. citizen on the day the 2-year requirement is met.)"

However, you should certainly clear that out with a lawyer and also check what, if any, documents you'd need to submit showing that for at least two years after your enter in the CR-2 status your mom and your step-dad remained married and that you resided with them in the U.S.

 

[Rahstyes]

Well, you have to look up the actual adoption documents yourself and check for certain who exactly issued them.

However, at the end it may not matter whether the adoption was foreign or domestic.

For some adoption-related visas (such as IR-4 and IH-4) a re-adoption in the U.S. is required in order for the child to derive citizenship under the CCA. However, it appears (if I am reading it right) that for CR-2 a domestic re-adoption is not required.

See pp. 26-27 in http://www.state.gov/documents/organization/86759.pdf :

"CR-2 - The child is the admitted conditionally into the United States as the stepchild of a U.S. citizen who has been married to the alien parent for less than 2 years. The conditional category is valid for 2 years and may be adjusted to an IR-2 at the end of the two years. It is a conditional category because of the possibility of marriage fraud.
A child admitted as a CR-2 acquires U.S. citizenship automatically as soon as he or she meets the statutory requirements of INA 320, as amended.
Documentary Requirements
If the child is admitted as a CR-2 - the parent's marriage certificate and a copy of a full and final foreign or domestic adoption decree by a U.S. citizen. In order for a child in this category to acquire U.S. citizenship, the adoption must have taken place by age 16 and the child must have resided with and in the custody of the U.S. citizen for 2 years. The date which citizenship is acquired could be (1) the two-year anniversary of the marriage which should coincide with the 2 year residence requirement; or (2) the date of the full and final domestic adoption.

Passport specialists at domestic passport agencies and centers and consular
officers abroad must verify the date of marriage to determine if the 2-year requirements (length of marriage and legal and physical custody) have been met. If one or both have not been met, the application must be denied. However, the applicant should be advised that citizenship may be acquired as soon as the 2-year requirements are met. (Acquisition will depend on whether or not the child is still in the legal and physical custody of the U.S. citizen on the day the 2-year requirement is met.)"

However, you should certainly clear that out with a lawyer and also check what, if any, documents you'd need to submit showing that for at least two years after your enter in the CR-2 status your mom and your step-dad remained married and that you resided with them in the U.S.

Yes i have been residing with them eversince.. and they are still married.. there is the Koseki shohon.. that shows.. proof of addoption of me. Now.. as far as filing this to show proof.. do i do this on the N-600 form? Or can i go straigh to the us passport aplication. because it would save me alot of time and money.