Applying for naturalization, no green card

[Disteny 39]

Hi VJ members , when I applied for my US passport I applied for my daughter too as she was below 18 of age, I submitted my NC , her green card and birthcertificate, I recieved my passport but didn't recieve hers or any of the documents, they didn't issue a passport for her, since Nov 25, 2020 till now we got nothing back, in October 2021 my daughter will apply for her naturalization , Can she apply for naturalization while her green card is still kept at National passport center, I believe that they lost all our documents, I called them many time, sent them emails and  even sent them a return prepaid envelope to get our documents back but nothing till now.  We know her Alien number and I have a photo copy of her green card, is that enough to apply or not.

Edited March 18, 2021 by Disteny

[HRQX 4,145]

27 minutes ago, Disteny said:

Can she apply for naturalization

Why would she naturalize if she already automatically became a US citizen per INA 320? Instead she should file N-600, Application for Certificate of Citizenship, online: https://www.uscis.gov/n-600

27 minutes ago, Disteny said:

and I have a photo copy of her green card

Upload that to the online application. Do you also have a photocopy of your Naturalization Certificate? If so, you (*or she should file if 18 or older) could submit N-600 now.

Edited March 18, 2021 by HRQX

[aaron2020 11,651]

Your daughter is already a US citizen, so she will not qualify for naturalization.  You will be wasting money and time.  

Contact the US passport office to inquire about your daughter's passport application. 

[Disteny 39]

21 hours ago, aaron2020 said:

Your daughter is already a US citizen, so she will not qualify for naturalization.  You will be wasting money and time.  

Contact the US passport office to inquire about your daughter's passport application. 

They asked for a proof of custody, we don't have what is called a proof of custody, her biological father had nothing to do with her, he wasn't in her life since birth , but he  issued her passport to come here, I couldn't issue a passport for her, I tried to explain to them that leaving the country with me is a proof of custody, I asked them if that was not a proof for issuing a passport for her please send me back our documents but I didn't get anything back. Now she turned 18 , she couldn't apply for a job on weekends because she doen't have her green card, and in October she will coomplete her 5 years here , so if we got her green card back she would be able to apply for her naturalization. 

Edited March 19, 2021 by Disteny

[Disteny 39]

21 hours ago, HRQX said:

Why would she naturalize if she already automatically became a US citizen per INA 320? Instead she should file N-600, Application for Certificate of Citizenship, online: https://www.uscis.gov/n-600

Upload that to the online application. Do you also have a photocopy of your Naturalization Certificate? If so, you (*or she should file if 18 or older) could submit N-600 now.

Yes I have photocopy of my NC, if she can apply with photocopies then that would be good. but if they ask for original, we don't know what to do. because replacing my NC and her green card will cost me months and a lot of money.

[SusieQQQ 11,587]

37 minutes ago, Disteny said:

They asked for a proof of custody, we don't have what is called a proof of custody, her biological father had nothing to do with her, he wasn't in her life since birth , but he  issued her passport to come here, I couldn't issue a passport for her, I tried to explain to them that leaving the country with me is a proof of custody, I asked them if that was not a proof for issuing a passport for her please send me back our documents but I didn't get anything back. Now she turned 18 , she couldn't apply for a job on weekends because she doen't have her green card, and in October she will coomplete her 5 years here , so if we got her green card back she would be able to apply for her naturalization. 

Details of cases matter. Now that the facts are stated, it seems obvious to me that they are still waiting for you to provide legal proof of custody. Given what you have said you do not have this and cannot get it, so I suggest you write to them again formally withdrawing the passport application for the reason that you cannot provide the proof required for your daughter to acquire citizenship under INA320, and request that they return all documents including her green card.  Keep copies of all the correspondence so that when she applies for naturalization on her own she can show she is not already a citizen.

[Disteny 39]

On 3/18/2021 at 8:36 PM, SusieQQQ said:

Details of cases matter. Now that the facts are stated, it seems obvious to me that they are still waiting for you to provide legal proof of custody. Given what you have said you do not have this and cannot get it, so I suggest you write to them again formally withdrawing the passport application for the reason that you cannot provide the proof required for your daughter to acquire citizenship under INA320, and request that they return all documents including her green card.  Keep copies of all the correspondence so that when she applies for naturalization on her own she can show she is not already a citizen.

I did exactly what you mentioned here, I let my daughter mailed them asking for her documents . When I called them after putting me on hold for 40min, the representative refused to talk to me  or gave me any update and asked to talk to my daughter because she turned 18 now  . But he didn't give her any useful information. 

[SusieQQQ 11,587]

56 minutes ago, Disteny said:

I did exactly what you mentioned here, I let my daughter mailed them asking for her documents . When I called them after putting me on hold for 40min, the representative refused to talk to me  or gave me any update and asked to talk to my daughter because she turned 18 now  . But he didn't give her any useful information. 

Get your congressperson involved.