May I be able to get a U.S passport?

[Karma Knight 0]

My permanent resident card expired in 2005 when I was 13, but my father became a US citizen through naturalization in 2008. Am I eligible for a U.S passport?

Note: My green card is still expired.

Edited August 3, 2011 by Karma Knight

[Udella&Wiz 325]

My permanent resident card expired in 2005, but my father became a US citizen through naturalization in 2008. Is my expired green card proof of legal residence?

Were you under 18 the day he became a citizen?

If yes then you inherited citizenship through his naturalization....although how did you haev GC that expired 3 yrs before he became a citizen - did you all come here together?

If no - then you have a bigger problem...your GC is expired, you're out of status and you didn't bother to renew it?

[Inky 1,111]

http://www.visajourney.com/forums/topic/322700-expired-permanent-resident-card-and-the-n600-application/page__p__4820579#entry4820579

You should post the whole story again not part of it if you didn't get an answer. People need details to help you out not bits and parts of what happened.

[Karma Knight 0]

Were you under 18 the day he became a citizen?

If yes then you inherited citizenship through his naturalization....although how did you haev GC that expired 3 yrs before he became a citizen - did you all come here together?

If no - then you have a bigger problem...your GC is expired, you're out of status and you didn't bother to renew it?

I was 16 when he became a us citizen. My father didn't even bother to renew it. Isn't my permanent resident status not void but only my card?

But last year my father filed for the N400 for me last summer. The officer said to me during my interview for the naturalization and gave me a document saying that my N400 was delayed because i have to "resolve my N600 application." So that day he gave me the N600 forms, filled it out and handed it to the officer. Then waited 2 mouths and then was wondering why i haven't gotten a notice so I visited them and they gave me a document to bring custody papers and penalized me 3 months of delay for going too early. Now it is taking so long about 7 months now( 3months delay included). Hope this info helps.

http://www.visajourney.com/forums/topic/322700-expired-permanent-resident-card-and-the-n600-application/page__p__4820579#entry4820579

You should post the whole story again not part of it if you didn't get an answer. People need details to help you out not bits and parts of what happened.

Sorry about that. I wanted to simplify my question but couldn't do so.

Edited August 3, 2011 by Karma Knight

[NickD 203]

My permanent resident card expired in 2005 when I was 13, but my father became a US citizen through naturalization in 2008. Am I eligible for a U.S passport?

Note: My green card is still expired.

Give or take a few months, if your were 13 in 2005, could have been 15-17 in 2008, but certainly under 18, now you should be considered an adult. Did the USCIS make an issue that your green card was not renewed in 2005? Was this card a ten year or a conditional card? Some leniency is in order, as a minor, you were helpless, but I am not the USCIS. Technically by applying for the N-600 as a minor you have to surrender your green card. But in the same legal light, now you are an adult and responsible for yourself. Your situation is far over my head, but do know the USCIS is slow. Can just wait and see what happens.

Where is justbob at, stating continuously to skip the N-600 and just go for the passport. There requirements are quite different, don't even mention a green card. Need proof you are you with your birth certificate. Proof your dad is your dad, and proof he is a US citizen, in his case by naturalization. Could download the DS-11 and read all the instructions. Typically parents do this right away for their kids, but they should be able to figure out the dates.

Can try and see what happens.

[OKflyboy 35]

Were you under 18 the day he became a citizen?

If yes then you inherited citizenship through his naturalization....although how did you haev GC that expired 3 yrs before he became a citizen - did you all come here together?

If no - then you have a bigger problem...your GC is expired, you're out of status and you didn't bother to renew it?

No. The card itself, the plastic card expires, the LPR status doesn't. That's why it is called permanent.

All the topicstarter has to do is apply for renewal of the GC.

[Jojo92122 1,924]

In order for him to derive US citizenship when his dad naturalized, he must meet all four requirements of the Child Citizenship Act.

The Child Citizenship Act; 8 USC Sec. 1431 http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001431----000-.html

(a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

The only requirement that is in question is whether at the time the father naturalized, was the child residing in the US pursuant to a lawful admission for permanent residency. I don't have the answer. You may need to ask a qualified immigration attorney.

[Brother Hesekiel 2,236]

You meet a bunch of muggers while walking the street with your dad. The look at you and say: "you are free to go!"

Your dad asks: "don't you want our wallet? I have $680 in it?" They take it.

Your dad then says: "my son has money too."

They take that as well.

Now you are asking if there was away to pass without paying up?

Yes, there was. Filing an N-400 for a US citizen, which is what you are, is nonsense, and you could also have saved the money for the N-600 by just applying for a passport. You asked to be mugged, you were mugged, and now what?

[Karma Knight 0]

You meet a bunch of muggers while walking the street with your dad. The look at you and say: "you are free to go!"

Your dad asks: "don't you want our wallet? I have $680 in it?" They take it.

Your dad then says: "my son has money too."

They take that as well.

Now you are asking if there was away to pass without paying up?

Yes, there was. Filing an N-400 for a US citizen, which is what you are, is nonsense, and you could also have saved the money for the N-600 by just applying for a passport. You asked to be mugged, you were mugged, and now what?

As I recall i didn't pay for the N600 application process.

In order for him to derive US citizenship when his dad naturalized, he must meet all four requirements of the Child Citizenship Act.

The Child Citizenship Act; 8 USC Sec. 1431 http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001431----000-.html

(a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

The only requirement that is in question is whether at the time the father naturalized, was the child residing in the US pursuant to a lawful admission for permanent residency. I don't have the answer. You may need to ask a qualified immigration attorney.

So if I'm A U.S citizen, what kind of documents do I need to get to be get the U.S passport? Do mean mean like custody papers? I have school records saying that I resided with my father.

[Inky 1,111]

http://travel.state.gov/passport/passport_1738.html

[Jojo92122 1,924]

As I recall i didn't pay for the N600 application process.

So if I'm A U.S citizen, what kind of documents do I need to get to be get the U.S passport? Do mean mean like custody papers? I have school records saying that I resided with my father.

The problem is not living in the custody of your father. The problem is whether you meet the requirement of residing pursuant to a lawful admission for permanent residency. Does having an expired green card meet this???? I don't know. You might want a consultation with an immigration attorney.

[Brother Hesekiel 2,236]

The expiration of the document does not terminate the status. The status as a LPR was terminated when you became a USC.

Karma Knight, I never thought I would say this in public, being a strong advocate against spending $600 on a piece of paper: you'll need to file an N-600 now.

It's like a self inflicted wound.

[Jojo92122 1,924]

The expiration of the document does not terminate the status. The status as a LPR was terminated when you became a USC.

Karma Knight, I never thought I would say this in public, being a strong advocate against spending $600 on a piece of paper: you'll need to file an N-600 now.

It's like a self inflicted wound.

We still don't know if he had a conditional green card or a 10 years green card. If it was a conditional green card, his status ended when he failed to have the condition lifted.

Hell just froze over. Bob recommended a person pay $600 to file Form N-600.

[NickD 203]

The expiration of the document does not terminate the status. The status as a LPR was terminated when you became a USC.

Karma Knight, I never thought I would say this in public, being a strong advocate against spending $600 on a piece of paper: you'll need to file an N-600 now.

It's like a self inflicted wound.

And here I was proposing the opposite, just to try, but did admit I didn't know if going directly to the DOS would work or not.

Life would be a lot simpler if both you and your spouse were never married with no kids. But if married and both of you have kids, does get quite a bit more complicated. With my wife, it was a package deal, but certainly would have thought much of her if she abandoned her daughter, left her out on the street, to come here. Also spent a reasonable amount of time with my proposed stepdaughter to make sure both of us good get along.

In terms of immigration, stepdaughter was far more expensive and complicated to bring her over here than her mom. All that proof she was the legitimate daughter of my wife and permission from her biological father. But the USCIS did treat her as a complete separate entity for the AOS, but she did get almost a free ride with the removal of conditions. But I made a commitment to her, just like I did to her mom. AOS, ROC, and US citizenship, her application dates were pasted on the refrigerator door just like her mom's were.

Can only wonder why the ball was dropped with Karma, was it marriage that brought her over here? My stepdaughter certainly wasn't in any position to deal with the USCIS when she was 14 years old. And at that time, English as a second language was far from a language for her.

I do recall reading somewhere, where the USCIS would waiver the fees, believe a form had to be filled out that also adds time for them to check it out.

Hope for Karma's sake, the USCIS does show a bit of compassion for a change and gets all in order for her. She was a helpless child at the time.

[Karma Knight 0]

The expiration of the document does not terminate the status. The status as a LPR was terminated when you became a USC.

Karma Knight, I never thought I would say this in public, being a strong advocate against spending $600 on a piece of paper: you'll need to file an N-600 now.

It's like a self inflicted wound.

It already processing. just waiting for a long time.

We still don't know if he had a conditional green card or a 10 years green card. If it was a conditional green card, his status ended when he failed to have the condition lifted.

Hell just froze over. Bob recommended a person pay $600 to file Form N-600.

It does not say my card is conditional. I came here around when I was 5 years old. The card say "Person Identified By This Card is Entitled to reside permanently and work in the US." So i guessing it is a Permanent Resident card.