N600 or Passport or what?

[latininNJ 1]

Hi, my son was born in 1997 and at the time I could not request a Foreign born birth certificate because of the following rule:

- The parent must have lived 5 years prior to the birth of the foreign born child,, of which 2 years must be after parent's 14th birthday.

I was born in the US but my parents moved abroad before I was 14 years old, and I lived there until I was 22 years old. At 22 I moved back to the US and have lived here ever since. I am 40years old right now.

 

My son is born out of wedlock. I sent his I130 when he was 16 years old, and got approval and visa number when he was 17. After all the delays and DNA test my son finally made it to the US when he was 20 years old.

 

We recently applied for a US passport but they are requesting an affidavit for my address when I lived abroad and they are asking the same thing as the birth certificate abroad "parent must have lived in the US at least 2 years after 14th birthday" which I don't understand, is it 2 years after 14 years old at ANY time, or AT the time my son was born.

 

I'm about to hire an attorney only because USCIS makes it so difficult to understand the requirements. I also thought my son would automatically be a US CItizen once he is in the US, or is that ONLY if he is under 18 years old?

 

[geowrian 22,336]

12 minutes ago, latininNJ said:

We recently applied for a US passport but they are requesting an affidavit for my address when I lived abroad and they are asking the same thing as the birth certificate abroad "parent must have lived in the US at least 2 years after 14th birthday" which I don't understand, is it 2 years after 14 years old at ANY time, or AT the time my son was born.

It's 5 years living in the US, 2 of which are at age 14 or later at the time of birth. If you met those requirements when he was born, then he would be a USC at birth. If not, he would not be a USC at birth.

 

12 minutes ago, latininNJ said:

I'm about to hire an attorney only because USCIS makes it so difficult to understand the requirements. I also thought my son would automatically be a US CItizen once he is in the US, or is that ONLY if he is under 18 years old?

He entered the US as an immigrant at age 20 so he cannot derive citizenship from a parent. That's only for individuals under age 18.

Edited November 30, 2019 by geowrian

[latininNJ 1]

So he can not even use N600?

 

 

[geowrian 22,336]

1 minute ago, latininNJ said:

So he can not even use N600?

Correct - he does not appear to be a US citizen yet based upon the circumstances you noted.

Edited November 30, 2019 by geowrian

[Pinkrlion 2,610]

3 hours ago, latininNJ said:

Hi, my son was born in 1997 and at the time I could not request a Foreign born birth certificate because of the following rule:

- The parent must have lived 5 years prior to the birth of the foreign born child,, of which 2 years must be after parent's 14th birthday.

I was born in the US but my parents moved abroad before I was 14 years old, and I lived there until I was 22 years old. At 22 I moved back to the US and have lived here ever since. I am 40years old right now.

 

My son is born out of wedlock. I sent his I130 when he was 16 years old, and got approval and visa number when he was 17. After all the delays and DNA test my son finally made it to the US when he was 20 years old.

 

We recently applied for a US passport but they are requesting an affidavit for my address when I lived abroad and they are asking the same thing as the birth certificate abroad "parent must have lived in the US at least 2 years after 14th birthday" which I don't understand, is it 2 years after 14 years old at ANY time, or AT the time my son was born.

 

I'm about to hire an attorney only because USCIS makes it so difficult to understand the requirements. I also thought my son would automatically be a US CItizen once he is in the US, or is that ONLY if he is under 18 years old?

 

 

Did you live in the US between ages 14 - 22?  NO

 

Did you live in the US between 1992 - 1997?  NO

 

Your son does not qualify to automatically be a US Citizen, he will have to apply in 5 years after he received green card for citizenship.