Sticky situation with US Passport

[DNK_Casper]

Dear friends,

I recently received a denial of my N-400 application on the basis that I automatically received my citizenship upon coming into the country since my father was already a naturalized citizen and I was under 18 at that time.

In the letter I was offered 2 options: either apply for the N-600 or directly for US Passport.

Among the documents required for the Passport I had to present:
1) My fathers Citizenship Certificate
2) Proof that I was residing in my fathers physical and legal custody.

The problem is that due to family reasons my father refuses to assist me with providing these documents.

I have the following questions:

1) Would the notarized copy of my father’s Certificate qualify?
2) What documents may prove physical and legal custody?
3) Also if I am unable to get neither of the documents what will be my further options?

I greatly appreciate all your responses.

 

[supercomp]

Do you have copy of your father's naturalization certificate? Can't you use that copy to apply for US Passport?

 

[1caliN400]

Unfortunately, you can not use a copy in order to apply for a passport. The state department requires originals of all documents in order to get a passport.

Additionally, if you apply for an N-600, I do believe there is an interview process for where the parent from whom the citizenship is derived is required to attend.

This is an extremely interesting case, considering you would otherwise qualify for an N-400. It seems that as of this moment, you are a US citizen, but have no way of proving it because of your family situation.

Couple of things I can think of (just throwing things out...to be honest I'm completely unfamiliar with the law on this):

1) Can you claim (because of family situation or otherwise) that you were not in the custody of your US citizen parent at any time after you received your Green Card? If that's the case, you could claim that you are not a citizen and therefore not eligible for either a passport or N600. You can appeal your N400 and you'll likely win.

2) Appeal the decision on your N400 anyway, claiming that you have no way of proving citizenship through passport or N600 without your dad's cooperation and you don't have his cooperation. A judge may side with you.

3) Do you have some financial resources? This may be a good spot to get an immigration attorney.

4) Technically speaking, you only need the following for a passport under the child citizenship act:

a) Proof of Relationship to US Citizen: You should have this if you have a birth certificate

b) I-551: You should have your green card.

c) Foreign Passport: Should be OK

d) Identity of US Citizen Parent: This is the hangup. The state department actually has a program where they can search records to verify the passport records of an individual ($60). The problem is that you need consent of the passport holder or a court order in order for them to verify this.

http://www.travel.state.gov/passport/services/copies/copies_872.html


Some Suggestions:

1) The quickest thing you can do is contact the State Department (probably through email to their passport services or make an appointment at a regional passport agency) and explain the situation to them and find out how you can get a passport, if there is a way.

2) If that doesn't work, you can appeal the N400 decision and try to get the judge to grant the application.

3) If that doesn't work, you gotta get a lawyer

 

[DNK_Casper]

1caliN400,Supercomp.
Thank you very much for your responses,

Having this information in mind I have some additional questions:

1) Would it help to send back form N-336 (Request for a Hearing on a Decision in Naturalization Proceeding Under Section 336 of Act) with a written(notarized) explanation of the situation?

2) Will I need to get any notarized explanation from my father stating that he refuses to assist me with documents?

3) If I would claim that I was not residing in my father’s custody, will it require any proof?

3) How long the hearing may take before the decision is made?

4) Still have a question about the documents proving physical and legal custody?


Again, many thanks for your support.

 

[Flydog]

Ah the USCIS:

"Your N-400 application is denied - you are already a citizen"
"Since you can't get proof of your citizenship, you can't apply for an N-600"

Did you get a letter from the USCIS saying "you are already a citizen". I'm thinking that they might take that as proof - but who knows.