Proof of Citizenship

C

civictun

Registered Users (C)
I have proof that i qualified under the Child Citizenship Act of 2000.

* one citizen parent

* under 18

* granted LPR (Green Card)

but my dad naturalized one month after i left the U.S. for an emergency.

* would that really count as not physically being there ?

i did not intent to leave i have back problems so i came to get treated by my doctor in my country before i could stay and have a passport made. I have legal proof, the perscription i was given showing the days i was in bed. It wasn't under my control i have X-ray sceerings showing my back structure from the relief do u think i could be dismissed ?

any helpfull or good advice ?

please post :)
 
I don't want to pick on you, but you insist that you have proof that you qualified for the CCA. Unfortunately it is not up to you to decide this. Please read the following information very carefully as I think it directly pertains to your case. I don't know if something has changed about this interpretation:

My understanding is that you are still outside of the US, that's why I am asking if you are still under 18. Otherwise if you are older than 18 and come back I don't think you can benefit from CCA. For now I would focus on trying to come back to the US as a permanent resident and see if they let you in under that status and that your GC is not canceled for abandonment. I wish you would have posted this question much earlier.

http://www.immigrationlinks.com/news/news999.htm

"What Is Meant by the Phrase ``Residing in the United States Pursuant to

a Lawful Admission for Permanent Residence''?

To qualify under the CCA, applicants must establish not only that
they have been admitted to the United States as lawful permanent
residents, but also that they are ``residing in'' the United States
pursuant to admission in such status. Admission in any immigrant
classification will satisfy the requirement that the applicant be
admitted to the United States as a lawful permanent resident. A more
difficult question is raised by the requirement that the applicant be
``residing in'' the United States. Under the section 101(a)(33) of the
Act, ``residence'' is defined as ``the place of general abode; the
place of general abode of a person means his principal, actual dwelling
place in fact, without regard to intent.'' On the other hand, in
certain circumstances, an alien with lawful permanent resident status
may live outside the United States without losing that status, and for
some purposes U.S. citizens living outside the United States are
considered to still have a residence in the United States.
The Service, in conjunction with the Department of State, is
reviewing the legal question of whether, and if so, under what
circumstances, a child with lawful permanent resident status who is
actually living outside the United States can be described as
``residing in'' the United States for purposes of the CCA. Until this
question is resolved, the Service and Department of State will only
document as a United States citizen a child in two instances. First,
the child will qualify if, on or after February 27, 2001, the child is
admitted as a lawful permanent resident and actually living in the
United States. Second, in the case of a child who was previously
admitted as a lawful permanent resident but was absent from the United
States on February 27, 2001, the child will qualify only if that child
returned to the United States after February 27, 2001 and was re-
admitted as a lawful permanent resident. The child must also be in the
legal and physical custody of the U.S. citizen parent. The Service and
Department of State, in the interim, will regard that child as residing
in the United States."
 
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ok look i have been in the u.s. for about 10 years i reside in the u.s. i left a month before my father naturalized so i'm thinking that with me providing proof that i was there for an emergency and that a month apart from me physically not being there would harm my chances as automatically being a u.s. citizen i met all of the requirments and when ins looked at my file a month after my father had my name on his application the citizenship automatically would have been passed on to me meaning that i srill had perminent residency at the time before i broke it so my issue no longer viewed upon a immigrant status. i left a month before i could have my father file for a passport for me and i have proof me and him both resided together at the time. :D
 
Did you carefully read the information I provided you, in particular the highlighted sections? You were out of the country when your father naturalized. I think the text I provided you is clear. The child has to be "actually living in the United States", not residing in a general way, or having resided for a long time previously. I don't want to get into is this fair or not, but I think it is pretty clear. According to my interpretation of things you are not a citizen, your father could not get you a passport because you were not in the country and you were not a citizen. It is very unfortunate, but I think that is what it is. If you are over 18 you are out of luck on the automatic citizenship, that's why I think you should return to the US as a permanent resident and apply for N-400 when you have been back in the US for four years and 1 day (I might be wrong on this last thing, so please double check).

I wish you good luck, but in my humble opinion you shouldn't waste more time on claiming citizenship through your parent's naturalization.
 
I spoke to a lawyer thats an experienced one for 25 years and i proved him with physicall info and he looked me up as well and reviewed my case. He is a very good lawyer and he sent me a letter saying under the info i proved for him that under the act i automatically became a U.S. citizen. now would u know better then a lawyer. you just give advice not a professional at what u do, so we will see about this and get things clear i spoke to the U.S. consulate here in my country and they said bring the info in so that i could get this straight.
 
We are all humans, take that info to the consulate and perhaps they will extend you a passport. My advice is far from professional, but lawyers can make mistakes too. Anyway, I wish you luck. My interpretation of the law is that you became a citizen, but the memorandum says otherwise and seems to require you being physically in the U.S. not having a GC and being outside of the country on a temporary trip. The memorandum seems to be done in agreement with USCIS and Department of State, so I would be surprised but glad for you if they give you a passport. Good luck. Don't get me wrong, I don't wish you ill, I just see things differently, but still wish you success. Definitely you owe it to yourself to go to the consulate and try.
 
well thank you very much on your feed back, but from your behalf if you where my judge on this what would you say ?

did i meet the requirements ? (yes or no)

if you where my judge would you have gaven me the citizenship ? (yes or no)
 
civictun said:
well thank you very much on your feed back, but from your behalf if you where my judge on this what would you say ?

did i meet the requirements ? (yes or no)

if you where my judge would you have gaven me the citizenship ? (yes or no)
Click to expand...

i would give it to ya in a heartbeat. how about that?
Jokes apart, it might be a tough case for ya since you were outside of the US when u dad became naturalized.
U have to get urself to the US first b4 even talking about this citizenship stuff. Come back on ur greencard if possible and u might be able to have a judge listen to your case. Fighting it from outside the US would probably not yield any positive results and besides, any US consulate that u visit probably won't even pay attention to ya. Goodluck buddy
 
well the thing is i've been out here for a years and a half so i'm thinking my rresident status might have gotten abandoned on the other hand i'm thinking that if i left and my father naturalized a month after i still had resident status based on the card so i would have gotten citizenship automatically on top of that i'm no longer based upon immigration status a U.S. Citizen is no longer based a immigrant so there for there is no status as an immigrant and i have proof of medical issues that i've been out for and a person thats been in bed can't travel?.. or can he? I was getting treated so hopefully they will take it into consideration and let me have a hearing if thats what needs to be done.
 
civictun said:
well the thing is i've been out here for a years and a half so i'm thinking my rresident status might have gotten abandoned on the other hand i'm thinking that if i left and my father naturalized a month after i still had resident status based on the card so i would have gotten citizenship automatically on top of that i'm no longer based upon immigration status a U.S. Citizen is no longer based a immigrant so there for there is no status as an immigrant and i have proof of medical issues that i've been out for and a person thats been in bed can't travel?.. or can he? I was getting treated so hopefully they will take it into consideration and let me have a hearing if thats what needs to be done.
Click to expand...

Dude, u'll have to get urself to the US first.
 
civictun said:
well thank you very much on your feed back, but from your behalf if you where my judge on this what would you say ?

did i meet the requirements ? (yes or no)

if you where my judge would you have gaven me the citizenship ? (yes or no)
Click to expand...

I would say that part of the spirit of the law is in your side. I mean the part that you are a permanent resident at the time your father naturalized. However, the memorandum I provided you says otherwise, USCIS and Department of State requires you to actually be living in the United States, or come back before you turn 18 as a permanent resident to be in the legal and physical custody of your father.

If I were your judge I would say Yes. However, I am not your judge, just some folk who is expressing a non-legal personal opinion.

I would say that you should try the consulate route. If that fails try to work on coming back as a permanent resident (Green Card). I sympathize with your health issues, but look at it from a bureaucrat's eyes, you have been a year and a half out of the country, without much of an attempt to claim citizenship or try to come back to the US. Furthermore, in some countries I am sure that buying some fake medical proof is not that hard. Don't get me wrong, I am not doubting you, as that is not my role. I am just trying to put myself in the position of a bureaucrat. If your documents are legit and they can verify them and you find a sympathetic bureaucrat, who knows you can get your passport.

I don't think your route is to go to the US and go in front of a judge, although I'll let other people express their opinion. I think your route is to try the consulate first, and if this fails try to work on coming back to the US as a Green Card holder, perhaps your medical documents can help you on this. However, your lack of bureaucratic action in the past (from your part) to either inquire about your citizenship status or to try to preserve your GC might work a bit against you. Anyway, this is all just my personal opinion.
 
Given that you have been outside the US for more than a year, away from your father, it is hard to convince anybody that you are/were in the physical and legal custody of your father during your long trip.

If you are still under 18, you need to get into the US ASAP. If not, you can try fighting it out at the consulate.
 
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