My girlfriend became a GC holder when she was much younger (around 12 or so) but her parents cannot find the original documentation. She needs to know the original date that she became a GC holder in order to properly fill out her N-400. However, when she contacted USCIS they said they could not give her that information over the phone. Instead, she had to go to the city immigration office. Has anyone else run into this problem? Was it just a USCIS agent giving her incorrect info, or will she have to visit the city immigration office?
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Obtaining Original Date of GC
- Thread starter seoulite
- Start date
sanjoseaug20
Registered Users (C)
Does she not have a green card? The date should be right on it.
If the issue is that she has a renewed GC (2nd or 3rd), and wants to get the date of original GC, I see no issue in going to the office.
In general, you can get information either by FOIA (which takes weeks to months) or through a visit in person. No one will give you information like this over phone.
If the issue is that she has a renewed GC (2nd or 3rd), and wants to get the date of original GC, I see no issue in going to the office.
In general, you can get information either by FOIA (which takes weeks to months) or through a visit in person. No one will give you information like this over phone.
namecheckvictim
Registered Users (C)
Yes she will have to go to the office to get that info.
While she is there she can have her passport stamped for a temporary proof of her Permanent resident status, she will need that in order to send the copy of that stamped page in order for the Citizenship application to be accepted for processing, this scenario is only true if she does not even have a copy of her green card if she has a copy than not only you can find out about the date of issue and send that with the Citizenship application but that will eliminate the need of going to the office at this time.
Be advised some offices will not give a temporary stamp unless you have filed a I-90 Application for a duplicate GC which comes at a cost of about $400.
While she is there she can have her passport stamped for a temporary proof of her Permanent resident status, she will need that in order to send the copy of that stamped page in order for the Citizenship application to be accepted for processing, this scenario is only true if she does not even have a copy of her green card if she has a copy than not only you can find out about the date of issue and send that with the Citizenship application but that will eliminate the need of going to the office at this time.
Be advised some offices will not give a temporary stamp unless you have filed a I-90 Application for a duplicate GC which comes at a cost of about $400.
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namecheckvictim
Registered Users (C)
That info would still be on her second card. It will say "Resident Since" on the front of the card.
Ah, while I have your attention namecheckvictim, could you help me with one more thing? She traveled outside of the US for 11 months and we're in the process of writing a cover letter to explain why she left the country and how she intended to retain residence. We have tax forms, and bank statements showing car payments. Also, we can provide a letter from her current employer to confirm the reason for her travels (her job required her to be fluent in Korean, so she traveled to Korea in order to learn the language). I guess my question would be: would a letter from her employer be admissible evidence?
Oh, also one more quick thing. If she decides to move during the process, let's say before the interview, at what point must she update the USCIS? Could she simply update it at the interview? And would this be a problem or cause any delay? Any clarification would be extremely helpful. Thanks for everything so far.
Oh, also one more quick thing. If she decides to move during the process, let's say before the interview, at what point must she update the USCIS? Could she simply update it at the interview? And would this be a problem or cause any delay? Any clarification would be extremely helpful. Thanks for everything so far.
sanjoseaug20
Registered Users (C)
Given the description so far, I presume she has been resident for 10 plus years.
The 11 month absence, it depends on when it was. If it was long time back, it may not be an issue. If it was recent, it might be questioned, but they might as well ignore it if it was a one-off situation.
Rather than justifying the reason for the visit, what she needs to do is to prove that she retained ties to US while she was abroad. This could be done by showing that a house/apartment and insurance etc., was maintained during her absence. A letter from employer might help in proving the temporary nature of absence, but I do not think it should be the sole document you should provide.
When was this absence?
The 11 month absence, it depends on when it was. If it was long time back, it may not be an issue. If it was recent, it might be questioned, but they might as well ignore it if it was a one-off situation.
Rather than justifying the reason for the visit, what she needs to do is to prove that she retained ties to US while she was abroad. This could be done by showing that a house/apartment and insurance etc., was maintained during her absence. A letter from employer might help in proving the temporary nature of absence, but I do not think it should be the sole document you should provide.
When was this absence?
sanjoseaug20
Registered Users (C)
BTW, did her parents ever naturalize? If they did, and did this before she turned 18, she could already be a citizen. You can check on this aspect too.
She's been a resident since 1996 (when she was 12 years old). Her absence was from August 07-July 08. She can provide bank statements that showed she was still making car payments, and I believe insurance payments as well (I'd have to check on that). She was living at home at the time and still hadn't filed as independent for her taxes. In that fiscal year she was filed under her parents as a dependent. So, to recap, she can provide hard evidence as well as an employer letter to show that she fully intended to retain residence.
Her father is a naturalized citizen, and he did it before she was 18 years old. He became a citizen in '01 when she was 17. But, when I checked the requirements for the process of filing through a parent there seemed to be a lot more paperwork involved. She would have to provide original birth and marriage certificates for her parents along with translations and it seemed like more of a hassle than filing on her own.
Her father is a naturalized citizen, and he did it before she was 18 years old. He became a citizen in '01 when she was 17. But, when I checked the requirements for the process of filing through a parent there seemed to be a lot more paperwork involved. She would have to provide original birth and marriage certificates for her parents along with translations and it seemed like more of a hassle than filing on her own.
namecheckvictim
Registered Users (C)
They will deny the N-400 Citizenship application once they determine she is already a Citizen and you will be out of $$$.
While it seems a hassle for you but she can pretty much apply for a US Passport directly with the DOS.
If you still want to go through USCIS then file a N-600 Certificate of Citizenship instead.
While it seems a hassle for you but she can pretty much apply for a US Passport directly with the DOS.
If you still want to go through USCIS then file a N-600 Certificate of Citizenship instead.
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sanjoseaug20
Registered Users (C)
I agree with NAME. If they find out she is a citizen, they will deny. Will they find out, maybe yes, maybe not.
I am not sure you need the parents original birth certificate. If they both got green card together with one parent dependent on other, the CIS already recognizes the marriage and that's why she got her GC. They will not dig up old things again unless they suspect something wrong. If you can go the citizenship route, you also do not have to worry about the 11 month absence.
Strongly recommend to re-check the requirements for getting a passport as a child of naturalized citizens. Usually, all you need is the proof that a) she has a GC (which she does) b) at the time of her parent's naturalization (which she did), c) she entered US lawfully and d) she was in custody of such parent (school records or a declaration might be enough).
Going to passport agency with the required documents might clarify this in one day. Filing will post office might work, but the level of skills the post office people have varies from person to person and office to office.
[EDIT/ADD] Did I mention proof of parents' naturalization as one of the requirements. Add that to the list.
I am not sure you need the parents original birth certificate. If they both got green card together with one parent dependent on other, the CIS already recognizes the marriage and that's why she got her GC. They will not dig up old things again unless they suspect something wrong. If you can go the citizenship route, you also do not have to worry about the 11 month absence.
Strongly recommend to re-check the requirements for getting a passport as a child of naturalized citizens. Usually, all you need is the proof that a) she has a GC (which she does) b) at the time of her parent's naturalization (which she did), c) she entered US lawfully and d) she was in custody of such parent (school records or a declaration might be enough).
Going to passport agency with the required documents might clarify this in one day. Filing will post office might work, but the level of skills the post office people have varies from person to person and office to office.
[EDIT/ADD] Did I mention proof of parents' naturalization as one of the requirements. Add that to the list.
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sanjoseaug20
Registered Users (C)
Denial depends on the IO seeing the application, but the line of questioning is simple. A) how did you get the GC - through parents. B) Did they naturalize? C) When did they naturalize?
I am sure they know the answer to question A through paperwork, and it is only a simple line of validation to ask question B and C. Will they ask questions B and C is what we do not know.
Yes, she can apply directly with DOS.
I am sure they know the answer to question A through paperwork, and it is only a simple line of validation to ask question B and C. Will they ask questions B and C is what we do not know.
Yes, she can apply directly with DOS.
There is one thing that I'm a little confused about concerning the Child Citizenship Act. She was definitely under the age of 18 on February 27, 2001 when the law went into effect. But, is there a certain date that her father had to become a citizen before? I believe he became a citizen in February 2001 as well. Let's say he became a citizen in February 2002, would this amendment still be in effect for her? I guess I'm just a bit confused to how it works retroactively.
sanjoseaug20
Registered Users (C)
I think Jack or Bob might be able to nail the differences between old law and new law much much better. However, the law's date is Feb 27, 2001. If the father naturalized after the law passed, isn't it better? (as long as she still was under 18 at the time of his naturalization)
See the links
http://forums.immigration.com/showt...-Help-Applying-Citizenship-for-Minor-Daughter.
http://forums.immigration.com/showthread.php?304530-I-90-Green-Card-Replacement-amp-Biometrics
http://forums.immigration.com/showthread.php?290904-Kids-Naturalization
See the links
http://forums.immigration.com/showt...-Help-Applying-Citizenship-for-Minor-Daughter.
http://forums.immigration.com/showthread.php?304530-I-90-Green-Card-Replacement-amp-Biometrics
http://forums.immigration.com/showthread.php?290904-Kids-Naturalization
Jackolantern
Registered Users (C)
There is one thing that I'm a little confused about concerning the Child Citizenship Act. She was definitely under the age of 18 on February 27, 2001 when the law went into effect. But, is there a certain date that her father had to become a citizen before? I believe he became a citizen in February 2001 as well. Let's say he became a citizen in February 2002, would this amendment still be in effect for her?
First and foremost, she must have been under 18 when at least one parent became a citizen. If that is false, it means she didn't derive citizenship through any parent. If it's true, we start considering other facts like when she became a permanent resident and whether she was living with her naturalized parent(s) after the naturalization at a time when she was under 18.
So did her father naturalize before she turned 18?
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Jackolantern
Registered Users (C)
However, the law's date is Feb 27, 2001. If the father naturalized after the law passed, isn't it better? (as long as she still was under 18 at the time of his naturalization)
No, that isn't better. The window of opportunity to derive citizenship through a parent's naturalization starts with the date of naturalization and ends on the day before the child's 18th birthday, regardless of whether the naturalization was before or after 2/27/2001.
Those whose parent naturalized before 2/27/2001 but they didn't qualify for derivative citizenship under the old law, they would derive citizenship as of 2/27/2001 if the less restrictive conditions for the new law were met on that date. So there is no advantage to the parent naturalizing later.
About the evidence required---if she files an N-600, most if not all of the evidence will be in USCIS files for the applicant, her father and her mother. Simply giving all their A-numbers along with a copy of her greencard would suffice for USCIS to decide the case and issue the Certificate of Citizenship.
When applying for the passport, the same evidence is required but they don't already have it, so it will have to be provided. The Passport Agency will demand dad's original Natz Cert. in the alternative, the applicant's Certificate of Citizenship is sufficient proof for her passport instead of all that other stuff.
Just a thought.
When applying for the passport, the same evidence is required but they don't already have it, so it will have to be provided. The Passport Agency will demand dad's original Natz Cert. in the alternative, the applicant's Certificate of Citizenship is sufficient proof for her passport instead of all that other stuff.
Just a thought.
I checked with her and her father became a naturalized citizen in June 2001, and received his passport in September of that year. At that time she was 17 years old. She is currently 25 years old but still resides at home and has been a lawful permanent resident the entire time. Would that mean she automatically qualifies for citizenship under that law?
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