Which path to citizenship?

[yojyo333]

Hello, I was hoping to get some advice on how to obtain my U.S. Citizenship.

I was born in Japan to an American mother and Japanese father, and moved to the U.S. at age 3. I am still a Japanese citizen have had a green card in the U.S. since I was a child. I am currently in my 30's so I have missed the under 18 window I believe.

I was advised to use the N600 form to apply for citizenship, but I am having difficulties obtaining my Japanese birth certificate as I do not have resources to assist me with written Japanese. I then thought about applying through the N400 form instead because it might be easier. Are there any pros and cons to each approach?

Also, if I were to use the N600 approach I would be claiming citizenship through my mother, who has passed away. What types of document for her might be required?

What would the easiest/best approach to getting my citizenship at this time? Thank you in advance for your assistance.

Best,
Jyo

 

[BigJoe5]

Hello, I was hoping to get some advice on how to obtain my U.S. Citizenship.

I was born in Japan to an American mother and Japanese father, and moved to the U.S. at age 3. I am still a Japanese citizen have had a green card in the U.S. since I was a child. I am currently in my 30's so I have missed the under 18 window I believe.

I was advised to use the N600 form to apply for citizenship, but I am having difficulties obtaining my Japanese birth certificate as I do not have resources to assist me with written Japanese. I then thought about applying through the N400 form instead because it might be easier. Are there any pros and cons to each approach?

Also, if I were to use the N600 approach I would be claiming citizenship through my mother, who has passed away. What types of document for her might be required?

What would the easiest/best approach to getting my citizenship at this time? Thank you in advance for your assistance.

Best,
Jyo

1. Your birth record is already in your A-file and in the custody of USCIS. That is not an issue.

2. IF you are already a US Citizen and file an N-400, it won't be decided until the interview and then it will be denied without a refund and you will be instructed to file an N-600 instead.

3. You need to determine IF you are a USC before you file anything.

IF you were a USC at birth OR automatically became a citizen before age 18 is a question that cannot be answered without more details. The law has changed numerous times over the years.

DOB? In wedlock or out? Parents married after or before your birth? Age of mother at time of birth? How long did mom live in the U.S. BEFORE you were born? Citizenship of father before you turned 18? Father deceased before you turned 18? Parents divorced before you turned 18? ???????????

A whole bunch of USCIS regulations are being changed as of tomorrow. They will be published in the Federal Register on Aug 29, 2011 (43 pages).

The main part of the law that governs Certificates of Citizenship is INA Section 341 and the main regulations were originally 8 CFR Part 341. Additional regs are at Parts 320 and 322.

Attached is a comparison of the old and new main regulations (8 CFR 341).