N400/N600/Green Card?!

[abuammar 0]

Hi,

I brought my daughter to the states on an immigrant visa. She arrived in the states in 2009. She has now met the required 5 years presence in the states. However they rejected her N400. She did the fingerprints at Detroit, but when she went to take the citizenship test at Cleveland, they told her since I (her father) was american she shouldn't/couldn't apply for the N400. They said apply for the N600. I went and decided to try and get her a passport. They want proof of my physical presence but I don't have any.

----- I actually do but the proof I provide they won't accept, Social Security Statement, US Passports, Driver's Licenses -----

They said to apply for N600 also. But if I can't prove my physical presence then why apply using the N600. WHAT I KNOW IS: I came with a visa, I stayed the 5 years, why does my American citizenship matter for her, she should get her citizenship!

Thanks.

[EM_Vandaveer 2,438]

There is no need for you to prove 5 years of physical presenc in this situation. If your daughter entered the US on an immigrant visa when she was under 18 and you were a USC at the time and she lived with you, she became a USC there and then.

[abuammar 0]

There is no need for you to prove 5 years of physical presenc in this situation. If your daughter entered the US on an immigrant visa when she was under 18 and you were a USC at the time and she lived with you, she became a USC there and then.

She was over 18 when she came in 2009. That doesn't apply I don't think.

[JFH 12,195]

*~*~*moved from "bringing family members of USCs" to "citizenship general discussion" as OP's daughter is not seeking a visa but citizenship*~*~*

[EM_Vandaveer 2,438]

Then it does not make sense. If she was not a USC from birth (could not have been as she was given an immigrant visa) and was past 18 at POE, what is their reasoning that she's a USC already and not eligible for naturalization?

I'd re-file the N-400.

[vanhiscers87 46]

OK, I'm utterly confused, so before answering your question, please answer these first.

1. The title of this thread is "N400/N600/Green Card," and you said your daughter came here in 2009 on an immigrant visa, so that means she has a Green Card currently, right? An immigrant visa doesn't last forever, so you still have to file I-485 to "Register as Permanent Resident" right after arriving in the U.S. with a immigrant visa.

2. If she currently has a Green Card, how can USCIS officer tell her she's already a citizen when the Green Card clearly indicates she became a resident after she turned 18? That's why people here are saying this is confusing.

3. How old were your daughter when you became a U.S. citizen? And where was she at the time? It'd make sense for all this if she was under 18 when you became a citizen and was living in the U.S. with you as a legal immigrant.

[EM_Vandaveer 2,438]

OK, I'm utterly confused, so before answering your question, please answer these first.

1. The title of this thread is "N400/N600/Green Card," and you said your daughter came here in 2009 on an immigrant visa, so that means she has a Green Card currently, right? An immigrant visa doesn't last forever, so you still have to file I-485 to "Register as Permanent Resident" right after arriving in the U.S. with a immigrant visa.

2. If she currently has a Green Card, how can USCIS officer tell her she's already a citizen when the Green Card clearly indicates she became a resident after she turned 18? That's why people here are saying this is confusing.

3. How old were your daughter when you became a U.S. citizen? And where was she at the time? It'd make sense for all this if she was under 18 when you became a citizen and was living in the U.S. with you as a legal immigrant.

1. What? There is no I-485 filing after entering on an immigrant visa. Entering on an immigrant visa means becoming a LPR at POE.

2. You are right, that is confusing.

3. OP states the daughter was older than 18 when entering the US, so she was never under 18 and living with OP as a LPR.

[vanhiscers87 46]

1. My understanding is that when an immediate relative of a U.S. citizen apply for a Green Card outside of the country, the U.S. citizen has to file I-130 first; once I-130 is approved, the relative can start applying for the entry visa, whose procedure will include an interview. Once the relative gets the visa and then comes here, he or she has to file I-485 to get the Green Card without the interview. That's why when the relative apply for the Greed Card inside the U.S., the procedure is called "concurrent filing," implying filing I-485 shall not be skipped either way, and that's also why I-485 is called "Application to Register Permanent Residence (from the outside) OR Adjust Status (from the inside)." Besides, it's very hard for me to imagine USCIS would track the relative's arrival and automatically mail the Green Card out when he or she arrives...

2. N/A

3. I know what the OP has said, but I don't think it's the USCIS officer who completely doesn't know what he or she was doing; it's us that don't have enough information from the OP.

1. What? There is no I-485 filing after entering on an immigrant visa. Entering on an immigrant visa means becoming a LPR at POE.

2. You are right, that is confusing.

3. OP states the daughter was older than 18 when entering the US, so she was never under 18 and living with OP as a LPR.

[vanhiscers87 46]

OK, scratch all that, I see once one arrives in the US with an immigrant visa, the Green Card IS generated and mailed automatically without further filing, but that just makes the situation here more confusing...

1. My understanding is that when an immediate relative of a U.S. citizen apply for a Green Card outside of the country, the U.S. citizen has to file I-130 first; once I-130 is approved, the relative can start applying for the entry visa, whose procedure will include an interview. Once the relative gets the visa and then comes here, he or she has to file I-485 to get the Green Card without the interview. That's why when the relative apply for the Greed Card inside the U.S., the procedure is called "concurrent filing," implying filing I-485 shall not be skipped either way, and that's also why I-485 is called "Application to Register Permanent Residence (from the outside) OR Adjust Status (from the inside)." Besides, it's very hard for me to imagine USCIS would track the relative's arrival and automatically mail the Green Card out when he or she arrives...

[Mollie09 1,543]

OP, we you a citizen when your daughter was born?

[EM_Vandaveer 2,438]

OP, we you a citizen when your daughter was born?

The Consulate abroad must have determined OP's daughter was not a USC, otherwise she would not have been given an immigrant visa.

Edited September 16, 2016 by EM_Vandaveer

[Mollie09 1,543]

The Consulate abroad must have determined OP's daughter was not a USC, otherwise she would not have been given an immigrant visa.

True, but that might be where the confusion stems from. He might have been a citizen but not able to pass citizenship.

[EM_Vandaveer 2,438]

True, but that might be where the confusion stems from. He might have been a citizen but not able to pass citizenship.

He most likely wasn't a citizen when his daughter was born. Sounds like USCIS is making a mistake, but more information is needed.

[EM_Vandaveer 2,438]

True, but that might be where the confusion stems from. He might have been a citizen but not able to pass citizenship.

Either way, what is USCIS' logic saying she must be a USC just because her father is one?

1) she received an immigrant visa meaning she could not have been a USC then

2) she entered the US after her 18th birthday so CCA did not apply to her.

Edited September 16, 2016 by EM_Vandaveer

[abuammar 0]

OK, I'm utterly confused, so before answering your question, please answer these first.

1. The title of this thread is "N400/N600/Green Card," and you said your daughter came here in 2009 on an immigrant visa, so that means she has a Green Card currently, right? An immigrant visa doesn't last forever, so you still have to file I-485 to "Register as Permanent Resident" right after arriving in the U.S. with a immigrant visa.

2. If she currently has a Green Card, how can USCIS officer tell her she's already a citizen when the Green Card clearly indicates she became a resident after she turned 18? That's why people here are saying this is confusing.

3. How old were your daughter when you became a U.S. citizen? And where was she at the time? It'd make sense for all this if she was under 18 when you became a citizen and was living in the U.S. with you as a legal immigrant.

Hi,

1. My daughter is a legal permanent resident. She came on an immigrant visa, and was immediately given a green card upon entry.

2. The UCIS officer told us since I (her father) was a citizen, she should apply for the N600, She was born in 12/11/1987. She arrived in the US on 11/10/2009. Making her 21 at the time of arrival.

3. I was a citizen before she was born. I recieved my certificate of citizenship from Puerto Rico where I lived for almost a decade. I went to Jordan, and she was born there. She was never in the states when she was under 18.

I'm just as confused! I paid all the fees, and then the UCIS officer told me I couldn't do it. I want to make sure what to do before paying an extra $600 for the N600.