manishvora_99
Registered Users (C)
Gurus - Pl advise.
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URGENT :- N-600 / N-600K questions
- Thread starter manishvora_99
- Start date
Jackolantern
Registered Users (C)
They made a mistake by sending it back. The fact that they sent it back including the check means only the lesser-trained data entry people looked at it. They saw "he's outside the US" and didn't think about the other facts.
Resubmit the N-600, including a cover letter explaining that he is already a US citizen as of x/x/2010 and has obtained a US passport (include a copy of the passport).
Resubmit the N-600, including a cover letter explaining that he is already a US citizen as of x/x/2010 and has obtained a US passport (include a copy of the passport).
The primary statutory authority in the Immigration and Nationality Act (INA) is divided among three cabinet level positions. U.S. Courts have specific review authority.
The Secretary of Homeland Security has sole authority to determine the nationality of a person present within the United States through an N-600 or N-600K, application for a certificate of citizenship or through adjudication of form N-400 application for naturalization.
The DHS Secretary has limited authority to perform expedited naturaliztion of a child (N-600K residing witha citizen parent outside the U.S as well as within the U.S.). The DHS Secretary also has limited N-400 naturaliztion authority for military applicants stationed abroad.
The Secretary of State has the vast majority of statutory authority to determine a person's nationality for persons outside the U.S. For a child who is under 18, a Department of State form FS-240, Consular Report of Birth Abroad of a Citizen of the United States may be issued upon application with sufficient proof. This certificate is legally equally conclusive of citizenship as a certificate of citizenship issued by USCIS.
The major difference in having a certificate issued by USCIS instead of or in addition to the FS-240 is in providing a mechanism for the person's status to be updated in the Immigtation Computer Database. The computer is accessed by the CBP Agents at the border and the ICE Agents in interior enforcement actions.
This will make travel easier and will prevent one from being placed in Removal Proceedings if they get arrested in the U.S.
The Secretary of State may issue a passport to a person based on a citizenship claim within or outside the U.S. but a passport is only prima facie evidence of citisenship, meaning that it is only the establishment of a "legally rebuttable preseumption". The Passport as Travel Document is not conclusive proof of citizenship in the way that the DOS or USCIS Certificate is.
The Attorney General through the IJ's and BIA deals with Removal Proceedings and has no authority to determine citizenship even when dismissing Removal Proceedings based on a claim to US Citizenship. The BIA decision is on a prima facie finding to be developed through an N-600, Application for Certificate of Citizenship.
Hope this helps.
The Secretary of Homeland Security has sole authority to determine the nationality of a person present within the United States through an N-600 or N-600K, application for a certificate of citizenship or through adjudication of form N-400 application for naturalization.
The DHS Secretary has limited authority to perform expedited naturaliztion of a child (N-600K residing witha citizen parent outside the U.S as well as within the U.S.). The DHS Secretary also has limited N-400 naturaliztion authority for military applicants stationed abroad.
The Secretary of State has the vast majority of statutory authority to determine a person's nationality for persons outside the U.S. For a child who is under 18, a Department of State form FS-240, Consular Report of Birth Abroad of a Citizen of the United States may be issued upon application with sufficient proof. This certificate is legally equally conclusive of citizenship as a certificate of citizenship issued by USCIS.
The major difference in having a certificate issued by USCIS instead of or in addition to the FS-240 is in providing a mechanism for the person's status to be updated in the Immigtation Computer Database. The computer is accessed by the CBP Agents at the border and the ICE Agents in interior enforcement actions.
This will make travel easier and will prevent one from being placed in Removal Proceedings if they get arrested in the U.S.
The Secretary of State may issue a passport to a person based on a citizenship claim within or outside the U.S. but a passport is only prima facie evidence of citisenship, meaning that it is only the establishment of a "legally rebuttable preseumption". The Passport as Travel Document is not conclusive proof of citizenship in the way that the DOS or USCIS Certificate is.
The Attorney General through the IJ's and BIA deals with Removal Proceedings and has no authority to determine citizenship even when dismissing Removal Proceedings based on a claim to US Citizenship. The BIA decision is on a prima facie finding to be developed through an N-600, Application for Certificate of Citizenship.
Hope this helps.
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It's always better to take care of these issues while in the USA, otherwise these gray areas and problems might surface. I would still think that the correct form is N-600, but the instructions of N-600 clearly say not to use it for children who regularly reside outside of the US. However, N-600K doesn't seem appropriate as the child already got a passport and got citizenship by operation of law when the parents naturalized in May. Perhaps the cover letter might help. I would assume the child might have to make a trip to a USCIS office at some point, perhaps a consulate, but not clear which. I don't think the original poster did anything wrong, it's just that it was done in a way that the bureaucracy doesn't seem to know how to deal with it.
Jackolantern
Registered Users (C)
FS-240 is for children born abroad who had one or both US citizen parents at the time of birth.
That is not relevant here, as the parents naturalized years after the birth.
That is not relevant here, as the parents naturalized years after the birth.
It is annoying that there are two databases one belongs to USCIS and another belongs to State dept which do not talk to each other. What implications does it have on one's day to day life and at the time of exit and entry of USA. Though as per law one is updated as Citizen other database does not recognize and the process to update seems to be N600 which weird. But apart from are there any instances if you have only US passport, travels out of US for a period of time and comes back to US and cannot operate freely - say college admissions, driver license, federal aid etc.. If it is a question of backup of alternate form of proof for citizenship, will it help to have a Passport card?