Mom's i130 Visa interview is in 2 hrs. I can't sleep. Has anyone ever been denied for a parent?

[SusieQQQ 11,585]

9 minutes ago, Olusola said:

My understanding isn't wrong. My father has been in the US for 28 years. And has been a citizen for over 23. My brother was born in 1998. Yes, my father does and can pass on citizenship in the US like any other citizen

 I'm not understanding what your confusion is here...

And no sorry, it was just my brother for the biometrics. My father accompanied him. My father brought I and my sister here. I got my citizenship from military service cause I happened to be amongst the first group to receive it when they decided to start offering it to military members, this was after I'd already joined. 

I'm trying to figure out what your point is because if we had no claim or if the method or path we're taking was right, our application would've been retuned from the start. Please research and get a deeper understanding of the criteria. It's very complex. 

If your father could pass on citizenship to your brother at birth then your brother was eligible for a passport.

and no, not “any citizen” can pass on citizenship. (Example someone born in US, lived there for 15 years and left at age 15 is a citizen but not eligible to pass on.) That was why I was asking for clarification. 
anyway good luck with the n600 adjudication. I’m not following the rationale that if they accepted the application it is an automatic confirmation the method is right, or no petition would ever be denied at interview, but if your father met the requirements (a question repeatedly asked but only answered now) then it should be fine. It’s not “very complex” at all. There are rules that are either met or not met. The way you described everything initially did not tie up with any of those.  Neither did your description of the n600 as an “adjustment”. It does not adjust anything, it just provides evidence of an existing situation. 

 

Edited January 17, 2020 by SusieQQQ

[Olusola 25]

7 minutes ago, SusieQQQ said:

If your father could pass on citizenship to your brother at birth then your brother was eligible for a passport.

and no, not “any citizen” can pass on citizenship. (Example someone born in US, lived there for 15 years and left at age 15 is a citizen but not eligible to pass on.) That was why I was asking for clarification. 
anyway good luck with the n600 adjudication. I’m not following the rationale that if they accepted the application it is an automatic confirmation the method is right, or no petition would ever be denied at interview, but if your father met the requirements (a question repeatedly asked but only answered now) then it should be fine. It’s not “very complex” at all. There are rules that are either met or not met. The way you described everything initially did not tie up with any of those.  Neither did your description of the n600 as an “adjustment”. It does not adjust anything, it just provides evidence of an existing situation. 

 

Wow you're a little intense about this. I'm not looking to be lawyered or to pretend to be one here. Have a nice day 😆😆. We went this route because that's the information we were given by the USCIS 

Edited January 17, 2020 by Olusola
More info

[Olusola 25]

14 minutes ago, SusieQQQ said:

If your father could pass on citizenship to your brother at birth then your brother was eligible for a passport.

and no, not “any citizen” can pass on citizenship. (Example someone born in US, lived there for 15 years and left at age 15 is a citizen but not eligible to pass on.) That was why I was asking for clarification. 
anyway good luck with the n600 adjudication. I’m not following the rationale that if they accepted the application it is an automatic confirmation the method is right, or no petition would ever be denied at interview, but if your father met the requirements (a question repeatedly asked but only answered now) then it should be fine. It’s not “very complex” at all. There are rules that are either met or not met. The way you described everything initially did not tie up with any of those.  Neither did your description of the n600 as an “adjustment”. It does not adjust anything, it just provides evidence of an existing situation. 

 

Just got off the phone with the USCIS and yes, N600 is still required. You can't just show up and file for a passport. 

[Boiler 43,852]

So a US Citizen was issued a tourist visa? And allowed entry not using a US Passport.

[Olusola 25]

5 minutes ago, Boiler said:

So a US Citizen was issued a tourist visa? And allowed entry not using a US Passport.

A person born to a us citizen father who has filed for and claimed that person in the past was issued a tourist Visa and allowed entry without US passport. Yes. Also, my mom's interview that just passed and got a visa included the information that my brother is also here on a visiting Visa and is undergoing a process of filing for his citizenship. EVERYTHING WAS DISCLOSED TO THEM...When you do things cleanly and properly from the start and you're clear and honest, sometimes things work out. 

What's the confusion?????

Edited January 17, 2020 by Olusola
Grammar

[Boiler 43,852]

You are either are a US Citizen, well in this case, or are not. As I understand the situation now the Brother is, was and always has been a US Citizen. A CRBA would normally have been the process used to document this. There are responsibilities beholden to USC's, filing taxes using a US Passport to enter the US etc and I find it difficult to believe a US Consulate would issue a tourist visa knowing he was a USC.

[Olusola 25]

6 minutes ago, Boiler said:

You are either are a US Citizen, well in this case, or are not. As I understand the situation now the Brother is, was and always has been a US Citizen. A CRBA would normally have been the process used to document this. There are responsibilities beholden to USC's, filing taxes using a US Passport to enter the US etc and I find it difficult to believe a US Consulate would issue a tourist visa knowing he was a USC.

Nope you're wrong. Not how it works. You can't just have a kid out of wedlock and out of the country and think anyone is going to know. There are documents you can file after birth to establish that relationship and stuff, but if you don't do that and you wait it becomes much more complicated and you're going to have to go through proceedings to establish that. Which is part of what the n600 is about. They knew he was born to citizen because it's been documented and claimed years and years ago on several instances, like when my dad brought I and my sister and when he filed for my mom and my brother later which they were rejected because of my mom. These things aren't as arithmetic and linear as you guys are making them to be...The uscis asks about family and siblings and children and they check for consistency. So when my dad filed for I and my sister, when he filed for my mother and brother, when I also filed for my mother, and when we filed for my brother's visiting, as well as n600, all of the same information about children spouses family etc were entered. There's absolutely no way they didn't know 😆

[geowrian 22,336]

Somebody who acquires US citizenship at birth is either a US citizen or not. They do not "become" or get "claimed" as one later. They just may not have evidence of being a USC yet...normally obtained via the CRBA process.

They cannot (knowingly) issue a tourist visa to somebody who they believe is a US citizen.

 

1 hour ago, Olusola said:

I'm trying to figure out what your point is because if we had no claim or if the method or path we're taking was right, our application would've been retuned from the start. Please research and get a deeper understanding of the criteria. It's very complex. 

That's incorrect. They will accept any properly completed form w/ proper payment and basic required documentation.

[Olusola 25]

13 minutes ago, geowrian said:

Somebody who acquires US citizenship at birth is either a US citizen or not. They do not "become" or get "claimed" as one later. They just may not have evidence of being a USC yet...normally obtained via the CRBA process.

They cannot (knowingly) issue a tourist visa to somebody who they believe is a US citizen.

 

That's incorrect. They will accept any properly completed form w/ proper payment and basic required documentation.

If he didn't acquire one at birth we wouldn't have any grounds to file an n600...

[Olusola 25]

14 minutes ago, geowrian said:

Somebody who acquires US citizenship at birth is either a US citizen or not. They do not "become" or get "claimed" as one later. They just may not have evidence of being a USC yet...normally obtained via the CRBA process.

They cannot (knowingly) issue a tourist visa to somebody who they believe is a US citizen.

 

That's incorrect. They will accept any properly completed form w/ proper payment and basic required documentation.

So you're saying kids born to a citizen have an automatic detector that sends to the nearest local field office as soon as they pop out in the labor room?

[geowrian 22,336]

6 minutes ago, Olusola said:

If he didn't acquire one at birth we wouldn't have any grounds to file an n600...

Correct. Which is why the users were asking about it.

As noted, USCIS will accept any properly filed form w/ payment. Whether there is a valid basis to file it or not is something they will determine when they adjudicate it.

 

5 minutes ago, Olusola said:

So you're saying kids born to a citizen have an automatic detector that sends to the nearest local field office as soon as they pop out in the labor room?

I'm saying they normally get a CRBA + passport as evidence of their US citizenship.

I'm saying the CO cannot knowingly issue the visa to somebody who is or they suspect may be a US citizen.

 

Is it possible they made a mistake? Sure. Is it possible that the CO just didn't know or connect the dots? Yes. Mistakes happen.

But mistakes on something like this are by far the exception, not the norm.

Edited January 17, 2020 by geowrian

[Boiler 43,852]

I agree mistakes happen, seen them before, will see them again.

 

Still having difficulty imagining how a visa was issued by a US Consulate to a US Citizen when they knew of the situation. 

 

That falls into the OMG territory. Easily make my top 10.

[Olusola 25]

2 minutes ago, Boiler said:

I agree mistakes happen, seen them before, will see them again.

 

Still having difficulty imagining how a visa was issued by a US Consulate to a US Citizen when they knew of the situation. 

 

That falls into the OMG territory. Easily make my top 10.

Or maybe they just knew he would predictably file an n600 when he gets here...

[Boiler 43,852]

3 minutes ago, Olusola said:

Or maybe they just knew he would predictably file an n600 when he gets here...

They are not allowed to issue visa's to US Citizens, somebody could be in big trouble for doing so.

[SusieQQQ 11,585]

I’m assuming, based on finally getting something approaching proper information in the past few posts, what happened here was that no-one bothered to file a CRBA for the kid before he turned 18 and that is why he needs a n600 before he can apply for a passport. In almost every other case a passport would be the go-to as proof of citizenship because it is much, much cheaper and much, much, much faster, and requires the same evidence as a n600. 
All that said still surprised he got a visa rather than a US travel document/boarding foil.

 

And semantics matter, n600 is not adjustment of anything, whether you come in on a visa or not. The talk about “adjustment” from a visa was very misleading, assuming I finally have the facts actually figured out.