Naturalization for child of Parent N-400? HELP!

[Omar G. 4]

I have alot of questions regarding citizenship for my wife and step daughter. Can someone please break down the process for a child becoming a citizen? My situation is alittle complicated but we are trying to do this before she turns 18. (she is 16 yr. now)

My wife and step daughter have been permanent residents for 3 years as of March 2013. They are now eligible to file for Naturalization. When we removed the conditions for my wife and step daughter, my step daughter's green card came back with an incorrect birth year. We then sent a I-90 form, as it was an error of the USCIS, and we just received the response stating that the error was not theirs and the information they have is 'correct' based on what we have submitted. This is FALSE. I have records of everything we have submitted. At our INFOPASS appointment, they said in the system her birth year is 1977 instead of 1997. They said that we would need to submit a new I-90 and pay $450 to have the green card corrected. This is outrageous! Her birth year was correct on all documents including her conditional permanent resident card, but once we removed conditions, it was incorrect and is incorrect in the USCIS system.

We then thought that it was be cheaper if we just used the money and start the process for naturalization since we are now eligible.

What is the process for my wife and step daughter to file for naturalization?

Does my wife have to file a N-400, become naturalized then file an N-600 for her daughter (my step daughter)? (Her daughter is a permanent legal resident minor, now with an incorrect birth year on green card)

Is it necessary to file an N-600 for my step daughter? She just turned 16, will we be able to do all this before she turns 18?

Will my step daughter be able to become naturalized even though her green card has the incorrect birth year? Or do we need to fix that first, then file naturalization for her? We obviously want her correct birth year when she becomes a citizen.

Sorry for so many questions. Any information is greatly appriciated.

Thanks in advance!

[Jawaree 717]

If the child is under 18 when your wife gets citizenship

she the child will also be eligible, the ppl will advise her

of process when she enquires

[N400-2011 23]

When your wife naturalizes, your step daughter will automatically become a citizen, since she is in your legal and physical custody and is a permanent resident, and below the age of 18.

At that point, your step daughter can get a US passport. I decided to file the N600 for my son, even though we already have his passport, in order to close his file with immigration.

As for the faulty green card, do you have a copy of the conditional card? If you do, that would be the perfect evidence to show them that they messed up her birth date.

[Omar G. 4]

They took the conditional green card today at our infopass appointment. The copy they tried to make had the birth year not legible because of the eagle stamp right on top. My copy is also not clear.

Do we need to file a N600 for child? We want to do everything before she turns 18 but now with this GC issue, it complicates things

[milimelo 4,185]

Not quite how I would've handled the I-90. Upon rejection, I would've contacted your local congressman's immigration aide (in person meeting), signed the privacy waiver and brought all documentation showing her real year of birth as was written on 2-yr card but apparently messed up on 10-yr card, also the USCIS rejection letter. Then I'd have them deal with USCIS and see how soon your stepdaughter gets her new green card in the mail...

[NickD 202]

Sure sounds like you need help from your senators office, most congressman don't even have an immigration department. Get on the net and learn who your two senators are, and find if one or both have an immigration department. We got that crazy Johnson for a new senator, doesn't even have an immigration department so i went to the other one for help. And very helpful they were.

Assume you do have a birth certificate for your child, a passport, even a country ID for proof of birth.

[Autumnal 25]

Naturalization process guide: http://www.visajourney.com/content/naturalization_process

-- Also look at USCIS' N-400 site, which has a helpful walkthrough.

Daughter's Naturalization?: If she is under 18 at the time your wife is naturalized, she automatically becomes a US citizen. You will fill out the information for your daughter, as per the instructions on N-400. She doesn't need a separate N-400 application. When Mom is a USC, your daughter can apply for her passport which will be her main naturalization document.

Do I need a N-600?: You can get one, but it's not really necessary. Our immigration officer at the naturalization ceremony flat out told everyone there the N-600 was a waste of money when you can go across the street and apply for a passport book or a passport card for a fraction of the price. It's up to you. However, as long as your wife has her naturalization certificate and your daughter's got her green card, birth certificate, and other documents that show Mom is her parent, she's entitled to get that passport.

Corrections or Process First?: I'm not sure on the best route for this, whether to apply for N-400 or get the green card corrected. In a perfect world, you should be able to apply for N-400 for your wife/daughter, and then get USCIS to fix the wrong green card info for free.

My two cents:

If you have all your documentation on hand, copies of your application and whatnot, you should schedule another Infopass appointment and request that USCIS correct the 10 year green card. Be firm but polite. Do you have a photocopy of the 2 year green card (conditional green card) to show that the birth year was originally 1997? If so, bring it. Make sure you have copies of everything.

Get your Senator involved. Don't know your state; in mine, however, the office is very active in responding to immigrant issues. Call both, explain the situation, ask for their assistance in correcting the green card birth year without cost. Be prepared to show them documentation.

I'd personally start the N-400 for your wife since time's ticking on your daughter's age. Fill out the forms correctly. I hope they fix the birth year before the biometrics appointment.

What is the process for my wife and step daughter to file for naturalization?

Does my wife have to file a N-400, become naturalized then file an N-600 for her daughter (my step daughter)? (Her daughter is a permanent legal resident minor, now with an incorrect birth year on green card)

Is it necessary to file an N-600 for my step daughter? She just turned 16, will we be able to do all this before she turns 18?

Will my step daughter be able to become naturalized even though her green card has the incorrect birth year? Or do we need to fix that first, then file naturalization for her? We obviously want her correct birth year when she becomes a citizen.

[Omar G. 4]

Thanks all. I have contacted my local congressman and they are going to try help me out. I left them copies of everything so we'll see what happens.

On the meantime, I am going to start the N-400 for my wife and step daughter. thanks for clearing up the process and not needing to file the additional N-600.

Once my wife becomes a citizen and my step daughter (child) gets her US passport, does she need to also go under oath and ceremoney process and 'return' her green card?

What official documentation will she have (step daughter) as being a citizen other than renewing her passport every 10 years?

[N400-2011 23]

The N-400 is for your wife only - her daughter will be listed on the application as a child. Your step daughter can attend the oath ceremony for your wife but will not be an active participant - she does not take the oath, nor does she surrender her green card - she will be a citizen once your wife takes the oath.

If you want a Certificate of Citizenship for your step daughter (the other official documentation) then the N-600, Application for Certificate of Citizenship would need to be applied for. Before the age of 18, her mom would file it for her, once she is 18 or older, your step daughter can file it for herself - it's a simpler process if you file for it before she is 18.

[Cloud-9 3]

On 6/20/2013 at 10:28 PM, Omar G. said:

Thanks all. I have contacted my local congressman and they are going to try help me out. I left them copies of everything so we'll see what happens.

On the meantime, I am going to start the N-400 for my wife and step daughter. thanks for clearing up the process and not needing to file the additional N-600.

Once my wife becomes a citizen and my step daughter (child) gets her US passport, does she need to also go under oath and ceremoney process and 'return' her green card?

What official documentation will she have (step daughter) as being a citizen other than renewing her passport every 10 years?

Wow how can the USCIS blame you for their mistake!! Were you able to fix the date of birth on your daughter's green card?

[Ontarkie 13,911]

~~Six year old thread locked to further comments.~~