N400 rejected , asking for n600

[doctor1]

hello, a friend of mine is going through this, she has been here since 1989, but didnt apply for citizenship till recently

she had applied for n400 and waited 7 months till she finally got an interview at the interview the officer said she applied for a wrong form, she had to apply for the n600 form , as both her parents became americans before 2001 , and she was under 18 when they became citizens, so they said techically she is already a citizen , and has to apply for n600.. she was really frustrated because they waited 7 months to tell her this.

she has applied for the n600 and its been almost a month and a half and no reply from them, does anybody know or has gone though this and knows how long does it take in these kind of situations, your opinions would be appreciated.

 

[Huracan]

Well, it greatly depends on the local office where your friend sent the application. For my kid it took almost a year, and I am not completely done, as the certificate came back with a typo and I need to send the application back. Anyway, I would say an average of six months

It is so sad that USCIS couldn't just print a certificate of citizenship instead of asking her to apply for N-600. It makes no sense.

 

[Huracan]

Furthermore, if your friend is a citizen already she might be able to apply for a passport with her parents naturalization certificates and her Green Card if she still has it. If you let us know about what year her parents naturalized and what age she was at the time we can give further opinion. Otherwise you guys can make the research. The point is that after 2001 only one parent needed to naturalize, before that both parents needed to naturalize. It seems that one way or another she is covered as both her parents naturalized.

 

[camp12]

hello, a friend of mine is going through this, she has been here since 1989, but didnt apply for citizenship till recently

she had applied for n400 and waited 7 months till she finally got an interview at the interview the officer said she applied for a wrong form, she had to apply for the n600 form , as both her parents became americans before 2001 , and she was under 18 when they became citizens, so they said techically she is already a citizen , and has to apply for n600.. she was really frustrated because they waited 7 months to tell her this.

she has applied for the n600 and its been almost a month and a half and no reply from them, does anybody know or has gone though this and knows how long does it take in these kind of situations, your opinions would be appreciated.

i don't agree. i was under 18 when my parents naturalized. i'm not 30 and had to do the n400 on my own.. (and got it!)

 

[boatbod]

i don't agree. i was under 18 when my parents naturalized. i'm not 30 and had to do the n400 on my own.. (and got it!)

Were you admitted to the US as an LPR and living in the custody of your parents at the time they were naturalized? If so, your citizenship was probably granted automatically, and the N-400 was unnecessary.

http://travel.state.gov/family/adoption/info/info_457.html

 

[Jackolantern]

i don't agree. i was under 18 when my parents naturalized. i'm not 30 and had to do the n400 on my own.. (and got it!)

Did you attempt the N-600 or apply for a US passport before going the N-400 route? Did your parents naturalize before 2000?

 

[doctor1]

Huracan,she checked and yes she can apply for a US passport and it will come faster than the.. naturalization cert.

can she apply for her spouse's i-130 immigration petition, on basis of her US passport or does she have to wait for a naturalization cert to do that?

thanks

 

[camp12]

Did you attempt the N-600 or apply for a US passport before going the N-400 route? Did your parents naturalize before 2000?

I did not.

my parents got naturalized in 1998....i was 17 when this happened. I entered the US at the age of 12 with a green card - my parents got their green cards at the same time.

I'm sure the immigration officer would've asked about this- i told him that they were and there were still no issues with me getting citizenship on my own...

 

[Jackolantern]

my parents got naturalized in 1998....i was 17 when this happened. I entered the US at the age of 12 with a green card - my parents got their green cards at the same time.

OK, so that's why you wouldn't qualify for automatically derived citizenship through them, as their naturalization was before the new law took effect in 2001.

http://immigration.findlaw.com/immi...tizenship-naturalization-did-you-know(2).html

Parents Naturalized October 5, 1978 to February 26, 2001

You derived U.S. citizenship if one of your parents was a U.S. citizen when you were born and never ceased to be a citizen, and your other parent naturalized before your 18th birthday. You must have been unmarried and lawfully admitted as a permanent resident at the time of your parent's naturalization. This law applies to all children, including those who are born outside of marriage and adopted. However, adopted children born before December 29, 1981 or after November 14, 1986 obtain U.S. citizenship only if the adoption occurred before their 16th birthday.

 

[Thoughtful]

A passport will do. Here is the instructions for filing out the I-130. Look at "what documents do you need to show you are a U.S. Citizen".
Either a passport OR a certificate of citizenship will do.

http://www.uscis.gov/files/form/I-130instr.pdf

Huracan,she checked and yes she can apply for a US passport and it will come faster than the.. naturalization cert.

can she apply for her spouse's i-130 immigration petition, on basis of her US passport or does she have to wait for a naturalization cert to do that?

thanks

 

[Huracan]

OK, so that's why you wouldn't qualify for automatically derived citizenship through them, as their naturalization was before the new law took effect in 2001.

http://immigration.findlaw.com/immi...tizenship-naturalization-did-you-know(2).html

Hi Jackolantern and camp12,

I reach a different conclusion. I think camp12 was already a citizen and USCIS processed the N400 erroneously (not the end of the world I guess). camp12 had a Green Card and both parents naturalized before he turned 18, so camp12 became a citizen on that date. That's my opinion. Unless camp12 was married at age 17 which I think would change things.

Check this link out:

http://www.murthy.com/news/UDder.html

 

[Jackolantern]

Hi Jackolantern and camp12,

I reach a different conclusion. I think camp12 was already a citizen and USCIS processed the N400 erroneously (not the end of the world I guess). camp12 had a Green Card and both parents naturalized before he turned 18, so camp12 became a citizen on that date. That's my opinion.

Maybe. But while it's easy to find what the Child Citizenship Act of 2000 does, it's hard to find an authoritative source that spells out clearly what the applicable law was in 1998. At this point it's all academic though, as camp12's N-400 is already done. Now the possibility of having derived citizenship while under 18 only matters to camp12 if they ever initiate denaturalization proceedings.

 

[Huracan]

Maybe. But while it's easy to find what the Child Citizenship Act of 2000 does, it's hard to find an authoritative source that spells out clearly what the applicable law was in 1998. At this point it's all academic though, as camp12's N-400 is already done. Now the possibility of having derived citizenship while under 18 only matters to camp12 if they ever initiate denaturalization proceedings.

Hi Jackolantern,

Agreed I know a bit more about the pre-2001 law because that was the law that would have applied to my child if the child citizenship act of 2000 hadn't been passed. Basically it was fairly similar to the child citizenship act, except you needed both parents to naturalize, not only one as it is now. As you say, this is a moot point to camp12 unless somebody were to try to denaturalize him.

 

[camp12]

Hi Jackolantern,

Agreed I know a bit more about the pre-2001 law because that was the law that would have applied to my child if the child citizenship act of 2000 hadn't been passed. Basically it was fairly similar to the child citizenship act, except you needed both parents to naturalize, not only one as it is now. As you say, this is a moot point to camp12 unless somebody were to try to denaturalize him.

well i guess i really don't havge to worry about hte reckless ticket which got knocked down to careless ticket i got 10 years ago...none of which i mentioned (nor was i taken to jail/fingerprinted etc)...i guess i also don't have to worry since i didn't bring my kitchen sink with me to the interview