Mr Vertigo
Registered Users (C)
If you have it in writing, file for N-600 and include a copy, not the original, of their letter. USCIS papers do not come with signatures. The letterhead makes it official.
Need help...am i eligible for n-600?
- Thread starter makebreak
- Start date
The first page of the letter, which contains the letterhead, states that you are ineligible for Naturalization but did not give you the reasons. The reasons/explanations are written on the second and third pages which do not contain either letterhead or signature.
makebreak,
I don't know what to tell you except I believe USCIS should issue a certificate in case a N-400 is denied because the person is already a citizen. They already have the pictures and the information they need to issue a certificate, so there is no excuse not to do that.
Yes, INA 321 was repealed at the time of the child citizenship act (CCA). However it might have applied to you, as you were over 18 at the time of the CCA, and you were under 18 at the time that INA 321 was valid.
This is what I found on 321:
321 CHILD BORN OUTSIDE OF UNITED STATES OF ALIEN PARENT; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED
SEC. 321. [8 U.S.C. 1432]
(a) A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions:
(1) The naturalization of both parents; or
(2) The naturalization of the surviving parent if one of the parents is deceased; or
(3) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation; and if
(4) Such naturalization takes place while such child is under the age of eighteen years; and
(5) Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clause (1) of this subsection, or the parent naturalized under clause (2) or (3) of this subsection, or thereafter begins to reside permanently in the United States while under the age of eighteen years.
(b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent or parents, in the custody of his adoptive parent or parents, pursuant to a lawful admission for permanent residence.
Perhaps one of these cases applied to you, perhaps (3). You might want to inquire with USCIS about which provision of INA 321 they think applied to your case. You might want to keep the letter in case you apply for a passport and there is any issue in the future about your citizenship. I don't know much about pre CCA cases, in particular one involving stepmothers. Pre CCA the rule of thumb for non-divorced, natural parents was that if both parents naturalized and the child had a green card then the child would derive citizenship automatically. That was my personal interpretation.
I don't know what to tell you except I believe USCIS should issue a certificate in case a N-400 is denied because the person is already a citizen. They already have the pictures and the information they need to issue a certificate, so there is no excuse not to do that.
Yes, INA 321 was repealed at the time of the child citizenship act (CCA). However it might have applied to you, as you were over 18 at the time of the CCA, and you were under 18 at the time that INA 321 was valid.
This is what I found on 321:
321 CHILD BORN OUTSIDE OF UNITED STATES OF ALIEN PARENT; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED
SEC. 321. [8 U.S.C. 1432]
(a) A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions:
(1) The naturalization of both parents; or
(2) The naturalization of the surviving parent if one of the parents is deceased; or
(3) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation; and if
(4) Such naturalization takes place while such child is under the age of eighteen years; and
(5) Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clause (1) of this subsection, or the parent naturalized under clause (2) or (3) of this subsection, or thereafter begins to reside permanently in the United States while under the age of eighteen years.
(b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent or parents, in the custody of his adoptive parent or parents, pursuant to a lawful admission for permanent residence.
Perhaps one of these cases applied to you, perhaps (3). You might want to inquire with USCIS about which provision of INA 321 they think applied to your case. You might want to keep the letter in case you apply for a passport and there is any issue in the future about your citizenship. I don't know much about pre CCA cases, in particular one involving stepmothers. Pre CCA the rule of thumb for non-divorced, natural parents was that if both parents naturalized and the child had a green card then the child would derive citizenship automatically. That was my personal interpretation.
Yeah, didn't read #4. I think i do fall under it.
Not sure if a hearing will do anything since that would be related to the n-400 application. You can call the CIS and they have a checklist of questions to see which section you would qualify under.
From my guess you probably be under the original INA 321 as Huracan posted. If you meet those requirements then you should be ok for the n-600 but call and ask
From my guess you probably be under the original INA 321 as Huracan posted. If you meet those requirements then you should be ok for the n-600 but call and ask
skellyb2000
New Member
makebreak. I am in your exact situation! I passed my N-400 exam and came to take the oath the same day. about 10 minutes before the ceremony I hear my name on the intercom and they tell me I am already a citizen through my Dad. They had me withdraw my application too. I just filed the N-600 and guess what? They need evidence that I was in the physical custody of my father which I don't have. I will more than likely be denied the N-600. My advice is to make sure you qualify for the N-600 before filing. I would even go ahead with the hearing. It's just so crazy...they send you on a goose chase. Now, I have no idea what to do. I think I'll have to pay th 685 and reapply for the N400 once they deny me. I am trying to seek some legal advice first. Do let me know how things go for you.
Please do contact the citizenship ombudsman, and your congress representatives. This is unacceptable, a rejection of N-400 on the basis of already being a citizen should result in an immediate issuance of a certificate of citizenship without additional documentation. They cannot reject your application for naturalization under the claim that you are already a citizen to make you apply for a N-600 and deny it for lack of certain documents. USCIS should either internally convert the N-400 to N-600 and ask for any additional documents (e.g. proof of physical custody), and if the documents are not produced then continue with N-400 as if nothing happened. One cannot be a citizen and be completely in legal limbo unable to prove it. On the other hand you might want to join forces and try to get a newspaper run a story on your type of situation.
skellyb2000
New Member
The annoying part of it all is that requesting a hearing is 600 dollars! I wrote the congressman, but we'll see how long that takes! I have til the 23rd of May to provide the requested evidence. I am going to my local office today to ask some questions. What a waste of my time and money! Does anyone know if they keep withdrawn N-400applications on file? If not, I may have to re-apply for the N-400. At this point, I just want to get it over with.
Jackolantern
Registered Users (C)
They really should line up everybody in USCIS against a wall and give them 40 lashes with a wet noodle. They won't approve the N-400 because you're supposedly already a citizen, but they won't grant the N-600 because you're supposedly not a citizen. They want to have it both ways.
skellyb2000
New Member
So, an update about my situation.... I made an appointment and spoke with a USCIS officer (very helpful gentleman). They said they are going to file a Service Motion to Reopen my N-400 seeing as I do not qualify for the N-600 and I was erroneously advised by the USCIS to file it. He said within 30 to 60 days I should receive a new decision on my case. The pending N-600 will be closed.
Well, I guess I should have an update for you in the next couple of months.
Thanks,
Well, I guess I should have an update for you in the next couple of months.
Thanks,
I don't know much about you situation, but it sounds like you are hitting a bit of a brick wall at USCIS. I'd suggest that you start writing letters of complaint and requesting help to all possible officials: both the U.S. senators and the members of the U.S. House of Representatives for the town in the U.S. where you live; CIS Ombudsman http://www.dhs.gov/files/programs/editorial_0497.shtm; USCIS Director; Director of the USCIS service center that is handling your application. I'd probably write to President Obama, VP Biden and both of their wives, just in case. In situations like this, external pressure often dislodges USCIS from their slumber and gets the case moving.
NO NO NO NO NO... Makebreak. Listen.
All you need to do at this point is show up at a Passport Acceptance Facility and simply apply for a U.S. Passport. You are NOT required to obtain a certificate of Citizenship since you already ARE a citizen by derivation when your father became a US Citizen. 22CFR Section51.44(b)(2)
All you need to bring is your permanent resident card or proof of legal status (even on non-immigrant visa), original and copy of your birth certificate, original and copy of your father's certificate fo naturalizacion, Original and copy of your father-stepmother's marriage certificate, proof of stepmother's US citizenship, two passport photos.
Please, next time HIRE AN ATTORNEY!! Many people underestimate the naturalization/Citizenship process, which many think its an easy process, but it might end up saving you a lot of money and unnecessary headaches. You would have a US passport by now since loooong time ago. Good Luck!
All you need to do at this point is show up at a Passport Acceptance Facility and simply apply for a U.S. Passport. You are NOT required to obtain a certificate of Citizenship since you already ARE a citizen by derivation when your father became a US Citizen. 22CFR Section51.44(b)(2)
All you need to bring is your permanent resident card or proof of legal status (even on non-immigrant visa), original and copy of your birth certificate, original and copy of your father's certificate fo naturalizacion, Original and copy of your father-stepmother's marriage certificate, proof of stepmother's US citizenship, two passport photos.
Please, next time HIRE AN ATTORNEY!! Many people underestimate the naturalization/Citizenship process, which many think its an easy process, but it might end up saving you a lot of money and unnecessary headaches. You would have a US passport by now since loooong time ago. Good Luck!
Last edited by a moderator:
Address to attorney..
I have the same situation filed for n400 after the interview i passed and told me to fill out n600 and wait for our mail.. I don't understand why? I need my certificate right away bec im marrying my girlfriend who is out of status now.. Kindly help.. thank you
I have the same situation filed for n400 after the interview i passed and told me to fill out n600 and wait for our mail.. I don't understand why? I need my certificate right away bec im marrying my girlfriend who is out of status now.. Kindly help.. thank you
adc:
The reason is because they cannot naturalize a US Citizen. If they have determined that you are already a citizen, you could have gone directly and obtain a U.S Passport. Once again, that's why it is so important to consult an immigration attorney before applying for a benefit.
The reason is because they cannot naturalize a US Citizen. If they have determined that you are already a citizen, you could have gone directly and obtain a U.S Passport. Once again, that's why it is so important to consult an immigration attorney before applying for a benefit.
Jackolantern
Registered Users (C)
I already answered this question in your other thread ... it appears that you are not a derived citizen (but if you are, it is not a straightforward case), so your best bet is to proceed with completing the N-400 given that you have already done the N-400 interview.I have the same situation filed for n400 after the interview i passed and told me to fill out n600 and wait for our mail.. I don't understand why? I need my certificate right away bec im marrying my girlfriend who is out of status now.. Kindly help.. thank you
skellyb2000
New Member
Alright folks, another update. So, I went to the immigration office and explained my situation to them. They promised to retrieve my file from Vermont, file a Service Motion to Reopen my original n-400, and send me a decision on that. Now... that was 90 days ago. So I went to the office again 2 weeks ago and was told no such request had been put in. Grrr!
At this point, I asked to speak with a supervisor. Thank goodness because for the first time, I found someone who could actually do something for me. She took my number and said she'd put in the request for my case to be reopened and call me when my file was in Baltimore.
Surprisingly, two weeks later, I got a call from Supervisor M. She told me to watch out in the mail for a fingerprint notice since my original fingerprints had expired. This is understandable since this was two years ago and granted anyone could have committed a crime in that time. I got the notice the next day! So tomorrow I am off to get my fingerprints done. Once those clear, an approval will be granted on my case and I'll receive a letter for an oath ceremony.
Wow. A 6-month process has turned into a 2.5 year drama for me and I've been in this country for over 17 years!! Praise God I can now see the light at the end of the tunnel.
An update....
I applied for n-600 around May. Five months later, i got the Certificate of Naturalization. Although the process was long, all in all i am happy that i finally received the certificate. I applied for the Passport the same day, and received it a month later.
I applied for n-600 around May. Five months later, i got the Certificate of Naturalization. Although the process was long, all in all i am happy that i finally received the certificate. I applied for the Passport the same day, and received it a month later.