US Passport for a permenant resident child

[BigJoe5]

Thanks, we included the adoption decree (finalized here in the US) which included name change. I thought by including copies of many other documents it might save time by not having to retrieve everything. I didn't know if it took a long time to retrieve everything or not.

The N-600 is one of the forms that MUST be adjudicated with the A-file UNLESS it is declared lost after an exhaustive search. The Certificate of Citizenship is produced in duplicate and a FILE copy is retained in the A-file so in the future if a replacement is sought citizenship can be more easily confirmed (even if there were some data entry mistake in the computer record).

 

[BigJoe5]

Many people choose to do neither. Then at age 18 or 25 or 30 when citizenship becomes an important part of life for travel/employment/voting/etc., the now grown-up son or daughter figures out for the first time they have US citizenship, but they have a difficult time trying to find the necessary documents to get a passport or N-600, especially if the parents have passed away or moved abroad.

Or the parents erroneously assumed the kid had citizenship and told the child that, but didn't do anything about getting any documents to prove citizenship, then the kid grows up and finds out they're not a US citizen, possibly having to fight deportation.

It's one thing when born USC parents are lazy like that, as they've never been through a US immigration process in their life and might not have any concept of the necessity of applying for documents, but when naturalized parents are lazy like that I find it incomprehensible.

And don't forget the elderly folks trying to collect social security benefits!

There was also a recent case that was discussed right here (an old WWII veteran in the Pacific Northwest had a problem starting with DMV--he wanted an enhanced DL to more easily cross the Canadian border to visit family).

 

[Bluegrass1]

Good points. Makes me glad we went ahead and filed the N600 for the COC while my son is young. Hopefully it will all go smooth. After I thought the USPS lost our express mail package, I will feel better once I receive some kind of email or text confirmation from uscis. If USPS really did deliver it to them on Wednesday June 6th at 6:00, then I would think I should get something soon. I doublechecked my copies to make sure I signed everything, etc.

 

[baikal3]

Here is something I noticed. On form g-1145 I listed myself as the "applicant/petitioner" on email notification form because my son is only 4. On the N-600 of course his name is listed at the top as the applicant. Then later on the N-600 I checked the correct box saying "I am a us citizen parent filing on behalf of...".

So on the g-1145 email notification form, should I have listed his name rather than mine or does it matter?

Hmm. My impression is that you were supposed to write the name of your son when filling out g-1145. Technically, he is the applicant on N-600, not you - you are just submitting the application on his behalf. By default they'll certainly expect the name of the applicant (part 1, item 1) on N-600 to be the same as the name given in g-1145.
The g-1145 instructions mention, for example, that when a lawyer files a form on behalf of a client, the lawyer must still put the client's name on g-1145: "One e-mail and/or text message will be sent per accepted immigration form, to the person seeking the benefit(s) (representatives are not copied)." While not exactly the same, your situation is similar: you are filing an application on somebody else's behalf.

I don't know how the clerks who handle the initial application receipt and data entry of USCIS applications handle the situations such as yours, when there is a name discrepancy between g-1145 and the main application to which g-1145 is attached, but it seems to me that there is a distinct possibility that they'll disregard g-1445 and will not send an e-mail notification because of the name mismatch. The initial data entry is done by rather low level USCIS clerks, not necessarily with best training. It is not clear that the clerk doing the initial data entry for your son's N-600 will take the time to figure out what's going on.
So you might have to wait for an application receipt to arrive by mail.

 

[Bluegrass1]

Hmm. My impression is that you were supposed to write the name of your son when filling out g-1145. Technically, he is the applicant on N-600, not you - you are just submitting the application on his behalf. By default they'll certainly expect the name of the applicant (part 1, item 1) on N-600 to be the same as the name given in g-1145.
The g-1145 instructions mention, for example, that when a lawyer files a form on behalf of a client, the lawyer must still put the client's name on g-1145: "One e-mail and/or text message will be sent per accepted immigration form, to the person seeking the benefit(s) (representatives are not copied)." While not exactly the same, your situation is similar: you are filing an application on somebody else's behalf.

I don't know how the clerks who handle the initial application receipt and data entry of USCIS applications handle the situations such as yours, when there is a name discrepancy between g-1145 and the main application to which g-1145 is attached, but it seems to me that there is a distinct possibility that they'll disregard g-1445 and will not send an e-mail notification because of the name mismatch. The initial data entry is done by rather low level USCIS clerks, not necessarily with best training. It is not clear that the clerk doing the initial data entry for your son's N-600 will take the time to figure out what's going on.
So you might have to wait for an application receipt to arrive by mail.

Hmmm. I see what you are saying but it said "applicant/petitioner", I thought I was the "petitioner" since I checked the box on the n600 that said I am a "us citizen parent filing on behalf of ...". Will this create any problems for the n600?

 

[baikal3]

Hmmm. I see what you are saying but it said "applicant/petitioner", I thought I was the "petitioner" since I checked the box on the n600 that said I am a "us citizen parent filing on behalf of ...". Will this create any problems for the n600?

No, this won't be an issue for N-600 since N-600 itself was filled out correctly.
But it remains to be seen what they'll do with the e-mail notification request.

 

[Bluegrass1]

No, this won't be an issue for N-600 since N-600 itself was filled out correctly.
But it remains to be seen what they'll do with the e-mail notification request.

Wow. I thought I was the petitioner since my son is a minor; and I checked the box on the first page of the n-600 that said "I am a US citizen parent filing on behalf of.....".

 

[BigJoe5]

Wow. I thought I was the petitioner since my son is a minor; and I checked the box on the first page of the n-600 that said "I am a US citizen parent filing on behalf of.....".

I don't think they will have any problem with it, BUT please let us know how it turns out next week (I am assuming the info should be data entered next week).

 

[Bluegrass1]

I don't think they will have any problem with it, BUT please let us know how it turns out next week (I am assuming the info should be data entered next week).

Thanks BigJoe, surely I'm not the only parent to list their own name as applicant/petitioner on the g1145 since I am filing on behalf of my son. On the 1st page of the n600 I checked the box saying I am a us citizen parent filing on behalf of.....

So in my mind, I'm the actual petitioner. I could be incorrect.

 

[baikal3]

Wow. I thought I was the petitioner since my son is a minor; and I checked the box on the first page of the n-600 that said "I am a US citizen parent filing on behalf of.....".

Some USCIS forms are called "petitions" (e.g. I-130, I-140, I-129), while others are called "applications" (e.g. N-600, N-400, I-485). Petitions have "petitioners", applications have "applicants". N-600 is an "application", so it has an applicant, not a petitioner.
My understanding is that the person for whom a certificate of citizenship is requested is considered the applicant for N-600, even if that person is a minor and the form is submitted by a parent on the child's behalf. E.g. I'd expect that your son's name will be listed as the "applicant" on the N-600 receipt notice, and your name will be listed as "c/o".
But it may well be that the distinction is academic in this case and hopefully they'll send you an e-mail notification anyway.

 

[Bluegrass1]

Some USCIS forms are called "petitions" (e.g. I-130, I-140, I-129), while others are called "applications" (e.g. N-600, N-400, I-485). Petitions have "petitioners", applications have "applicants". N-600 is an "application", so it has an applicant, not a petitioner.
My understanding is that the person for whom a certificate of citizenship is requested is considered the applicant for N-600, even if that person is a minor and the form is submitted by a parent on the child's behalf. E.g. I'd expect that your son's name will be listed as the "applicant" on the N-600 receipt notice, and your name will be listed as "c/o".
But it may well be that the distinction is academic in this case and hopefully they'll send you an e-mail notification anyway.

Thanks, I understand. I guess I screwed up on the G-1145, I was thinking that since I was applying on behalf of my son; that my name should be listed on the G-1145.

 

[BigJoe5]

Some USCIS forms are called "petitions" (e.g. I-130, I-140, I-129), while others are called "applications" (e.g. N-600, N-400, I-485). Petitions have "petitioners", applications have "applicants". N-600 is an "application", so it has an applicant, not a petitioner.
My understanding is that the person for whom a certificate of citizenship is requested is considered the applicant for N-600, even if that person is a minor and the form is submitted by a parent on the child's behalf. E.g. I'd expect that your son's name will be listed as the "applicant" on the N-600 receipt notice, and your name will be listed as "c/o".
But it may well be that the distinction is academic in this case and hopefully they'll send you an e-mail notification anyway.

Legally speaking the person seeking the certificate via the N-600 is seeking recognition of citizenship already attained by law and is therefore a "claimant" because they are making a citizenship claim. In INA legal terms, all citizens are nationals but not all nationals are citizens, the legal right to assert one's specific claim as applicable is addressed in the single statutory concept of nationality.

This concept is most clear in the petitions for review of orders of removal when one seeks to avoid deportation by asserting a claim to nationality before the Circuit Court of Appeals:

INA 242 JUDICIAL REVIEW OF ORDERS OF REMOVAL
*****
(b) Requirements for Review of Orders of Removal.-With respect to review of an order of removal under subsection (a)(1), the following requirements apply:
*****
(5) Treatment of nationality claims.-

(A) Court determination if no issue of fact.-If the petitioner claims to be a national of the United States and the court of appeals finds from the pleadings and affidavits that no genuine issue of material fact about the petitioner's nationality is presented, the court shall decide the nationality claim.

(B) Transfer if issue of fact.-If the petitioner claims to be a national of the United States and the court of appeals finds that a genuine issue of material fact about the petitioner's nationality is presented, the court shall transfer the proceeding to the district court of the United States for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim as if an action had been brought in the district court under section 2201 of title 28, United States Code.

*****
When an N-600 is denied it has a specific administrative appeal to AAO on form I-290B and then a further Judicial Appeal path (in that respect it is similar to N-400 applicants who also have specific statutory appeals rights starting with the N-336).
*****

INA 360 [8 U.S.C. 1503] JUDICIAL PROCEEDINGS FOR DECLARATION OF UNITED STATES NATIONALITY IN EVENT OF DENIAL OF RIGHTS AND PRIVILEGES AS NATIONAL

(a) If any person who is within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may institute an action under the provisions of section 2201 of title 28, United States Code, against the head of such department or independent agency for a judgment declaring him to be a national of the United States, except that no such action may be instituted in any case if the issue of such person's status as a national of the United States (1) arose by reason of or in connection with any removal proceeding under the provisions of this or any other act, or (2) is in issue in any such removal proceeding. An action under this subsection may be instituted only within five years after the final administrative denial of such right or privilege and shall be filed in the district court of the United States for the district i n which such person resides or claims a residence, and jurisdiction over such officials in such cases is hereby conferred upon those courts.
*****

However, when the claimant is a minor (or incompetent) someone will be acting on their behalf. So, it makes no difference who is listed on the G-1145 which is merely a uniform simple form to allow for the collection of an e-mail address. As forms are updated they will eventually all include a space for that e-mail address and even further down the road, e-filing will take over.

 

[Bluegrass1]

Legally speaking the person seeking the certificate via the N-600 is seeking recognition of citizenship already attained by law and is therefore a "claimant" because they are making a citizenship claim. In INA legal terms, all citizens are nationals but not all nationals are citizens, the legal right to assert one's specific claim as applicable is addressed in the single statutory concept of nationality.

This concept is most clear in the petitions for review of orders of removal when one seeks to avoid deportation by asserting a claim to nationality before the Circuit Court of Appeals:

INA 242 JUDICIAL REVIEW OF ORDERS OF REMOVAL
*****
(b) Requirements for Review of Orders of Removal.-With respect to review of an order of removal under subsection (a)(1), the following requirements apply:
*****
(5) Treatment of nationality claims.-

(A) Court determination if no issue of fact.-If the petitioner claims to be a national of the United States and the court of appeals finds from the pleadings and affidavits that no genuine issue of material fact about the petitioner's nationality is presented, the court shall decide the nationality claim.

(B) Transfer if issue of fact.-If the petitioner claims to be a national of the United States and the court of appeals finds that a genuine issue of material fact about the petitioner's nationality is presented, the court shall transfer the proceeding to the district court of the United States for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim as if an action had been brought in the district court under section 2201 of title 28, United States Code.

*****
When an N-600 is denied it has a specific administrative appeal to AAO on form I-290B and then a further Judicial Appeal path (in that respect it is similar to N-400 applicants who also have specific statutory appeals rights starting with the N-336).
*****

INA 360 [8 U.S.C. 1503] JUDICIAL PROCEEDINGS FOR DECLARATION OF UNITED STATES NATIONALITY IN EVENT OF DENIAL OF RIGHTS AND PRIVILEGES AS NATIONAL

(a) If any person who is within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may institute an action under the provisions of section 2201 of title 28, United States Code, against the head of such department or independent agency for a judgment declaring him to be a national of the United States, except that no such action may be instituted in any case if the issue of such person's status as a national of the United States (1) arose by reason of or in connection with any removal proceeding under the provisions of this or any other act, or (2) is in issue in any such removal proceeding. An action under this subsection may be instituted only within five years after the final administrative denial of such right or privilege and shall be filed in the district court of the United States for the district i n which such person resides or claims a residence, and jurisdiction over such officials in such cases is hereby conferred upon those courts.
*****

However, when the claimant is a minor (or incompetent) someone will be acting on their behalf. So, it makes no difference who is listed on the G-1145 which is merely a uniform simple form to allow for the collection of an e-mail address. As forms are updated they will eventually all include a space for that e-mail address and even further down the road, e-filing will take over.

Thank you BigJoe, all of that was little hard to understand for me. We're you basically saying that it is okay that I listed my name and email address in g-1145 for my son? Your expertise is a valuable resource and much appreciated as always.

 

[BigJoe5]

Thank you BigJoe, all of that was little hard to understand for me. We're you basically saying that it is okay that I listed my name and email address in g-1145 for my son? Your expertise is a valuable resource and much appreciated as always.

I wasn't responding to you. I had already responded to you. There is zero change to the response you already got.

 

[Bluegrass1]

I wasn't responding to you. I had already responded to you. There is zero change to the response you already got.

Sorry, I misunderstood and thought you were responding to me. Sorry about that.

 

[Bluegrass1]

Nothing new today June 11th. USPS delivered our N600 to USCIS Phoenix on Wednesday June 6th at 6:06 PM (supposedly). Today is Monday June 11 and we still haven't received any text/email confirmation or anything.

 

[BigJoe5]

Nothing new today June 11th. USPS delivered our N600 to USCIS Phoenix on Wednesday June 6th at 6:06 PM (supposedly). Today is Monday June 11 and we still haven't received any text/email confirmation or anything.

USCIS has publicly acknowledged a bit of a backlog due to a high volume of overall applications and petitions being filed. That situation may slow data entry and thereby, receipts and e-mail/text notices may be delayed because they are triggered by data entry.

 

[Bluegrass1]

USCIS has publicly acknowledged a bit of a backlog due to a high volume of overall applications and petitions being filed. That situation may slow data entry and thereby, receipts and e-mail/text notices may be delayed because they are triggered by data entry.

Thanks. I was looking at other timelines and it seems most got the email text in about 3-4 days. I think what really has me stressed is rooted in the fact that USPS delivered it at 6:06 pm (June 6), just seems unusual.

 

[Bluegrass1]

Updated: I received the uscis email confirmation for the N600 tonight via text and the email confirmation about an hour later.

It gave a receipt number starting with NBC and said the application was routed to the national benefits center for processing.

Do all n600 go to the NBC now? I thought they eventually ended up at the local offices?

Thanks everyone.

 

[BigJoe5]

Updated: I received the uscis email confirmation for the N600 tonight via text and the email confirmation about an hour later.

It gave a receipt number starting with NBC and said the application was routed to the national benefits center for processing.

Do all n600 go to the NBC now? I thought they eventually ended up at the local offices?

Thanks everyone.

Read about NBC here: http://blog.uscis.gov/