Trying go back home...

[phax]

Trying to go back home...

I came here in the U.S when I was 18 y.o from Philippines 6.5 years ago with a k-2 visa. My mother and step father got married here in U.S two weeks after my birthday. I filed all the necessary paperwork to obtain a greencard that same year but got denied because I was already 18 y.o when my parents got married. I didn't appeal or did anything to fix it until now...

Yesterday received an emergency call from a family member in the Philippines, needless to say I have to come home asap but the dilemma of not being able to come back here. I did some research online and I found out that I am eligible to file n600 since my biological father(cannot be reach atm) is a U.S citizen. I'm aware it will take months for it to process which brought me in this forum to ask a few questions.

FYI I have a criminal record(misdemeanor) that resulted of spending a day in jail but the good thing is its expunge-able

1) Do I need the presence of my biological father to file n600 even though I'm 24 years old?
2) How does criminal record affects n600?
3) Is there some kind of waiver of some sort that I could file that will enable me to go home and come back while n600 is processing since by law I'm already a U.S citizen?

 

[Jackolantern]

FYI I have a criminal record(misdemeanor) that resulted of spending a day in jail but the good thing is its expunge-able

Expunged offenses can be seen by the immigration authorities, so for immigration purposes it doesn't matter whether your offense is expunged.

1) Do I need the presence of my biological father to file n600 even though I'm 24 years old?

No, but you need documents to prove various facts about him. Having a US citizen father doesn't necessarily make you a US citizen; there are additional requirements (which are more strict if he wasn't married to your mother at the time of your birth). You're not a US citizen if those requirements were not met. See http://travel.state.gov/law/citizenship/citizenship_5199.html

2) How does criminal record affects n600?

It doesn't.

3) Is there some kind of waiver of some sort that I could file that will enable me to go home and come back while n600 is processing since by law I'm already a U.S citizen?

No, but you can obtain a US passport by applying at a US consulate with the necessary evidence. A US passport will allow you to travel back to the US, and is proof of citizenship for other purposes such as employment and driver's license.

 

[phax]

I believe that the "new" section 309(a) is applicable to my situation. Its not impossible to reach him as of now and I'm sure he is willing to cooperate if necessary but right now all I have is a Birth certificate stating that he is my father. What kind of evidence/requirements I need to present? You mentioned about applying for a US passport but I got a little confused when you said "necessary evidence" that in my understanding, includes the U.S citizen certification that I will obtain after passing the application form n600?

I really appreciate you helping out. I've been up all night and trying to search for answers that I don't even know how to ask in the first place.

 

[Jackolantern]

What kind of evidence/requirements I need to present?

Without a citizenship certificate, you'll need to provide evidence that your father met the various conditions that were applicable based on his marital status and your date of birth -- did he live in the US for the required number of years before your birth, did he acknowledge paternity before you were 18, etc.

But if you already had a citizenship certificate and were applying for a US passport, the certificate would be accepted as your proof of US citizenship, without needing any other evidence related to your parents (except maybe your birth certificate to establish your name and date of birth).

 

[phax]

Without a citizenship certificate, you'll need to provide evidence that your father met the various conditions that were applicable based on his marital status and your date of birth -- did he live in the US for the required number of years before your birth, did he acknowledge paternity before you were 18, etc.

But if you already had a citizenship certificate and were applying for a US passport, the certificate would be accepted as your proof of US citizenship, without needing any other evidence related to your parents (except maybe your birth certificate to establish your name and date of birth).

It seems like I'm gonna need a good lawyer after all. Everywhere I look I reach a dead end.

 

[Jackolantern]

Dead end with what? Trying to find your biological father?

 

[phax]

We will have to prove his presence in the Philippines when I was conceived. That where the problem is. Do you think it still worth reapplying my old k2 visa which got denied?

 

[Jackolantern]

We will have to prove his presence in the Philippines when I was conceived.

Why? For your US citizenship his presence in the US before your birth is what matters, not his presence in the Philippines.

That where the problem is. Do you think it still worth reapplying my old k2 visa which got denied?

I think it's too late for that because you're over 21 now. They should not have denied your application, because K2 visa holders are eligible to adjust status if they're under 21 and apply within 90 days of entering the US, even if their immigrant parent's marriage happened after they turned 18. But consult a lawyer to help you figure out if appeal is possible or if there are other under the K2.

Most importantly, be aware that if you leave the US, you'll be unable to return to the US for 10 years if you don't have a green card or US citizenship before leaving.