Came as a minor with US Citizen parents (merged)

[Timona 3,970]

1 hour ago, OldUser said:

The thing is, N-400 has questions about parents and whether they're US citizens. This is when Pandora's box is going to open anyways.

 

I know. He was a child. Honestly, for me, I would not indicate. One way or another he is going to be a USC. I just took the easy way out. 

The parents are long gone and starting to gather papers to find out even if they met requirements to transmit citizenship is a hustle. Where will he start? He is/ almost is eligible for N400 based on marriage. I would take that and wait to see if what happens.

[Mike E 11,727]

4 hours ago, Derjave said:

 

2. He can apply for a US Passport WITHOUT N-600?

Yes. We see this several times a month. I always recommend getting a passport card too so that if one document is lost once can easily use the other to get a replacement. 

4 hours ago, Derjave said:

3. When we gets his US Passport, he then required to apply for N-600?

In the future he might need a certificate of citizenship. Plus it Wilbur a third proof of U.S. citizenship.  So it is a good idea.  

4 hours ago, Derjave said:

4. His parents were never married. would this be an issue?

Since the father was able to petition his son for a green card, paternity was already established by the department of state   So I don’t see it being an issue for a U.S. passport and passport card. 

4 hours ago, Derjave said:

5. His mom died when my husband was only 2 years old

 

Thus  when he was under 18 and had a green card, all his surviving custodial parents became citizens, making him a citizen.  

[discoverusa 233]

6 hours ago, Timona said:

 

I know. He was a child. Honestly, for me, I would not indicate. One way or another he is going to be a USC. I just took the easy way out. 

The parents are long gone and starting to gather papers to find out even if they met requirements to transmit citizenship is a hustle. Where will he start? He is/ almost is eligible for N400 based on marriage. I would take that and wait to see if what happens.

I wouldn't do that. The process in not about what is easier. He needs to take correct action.  

[da95826 387]

23 hours ago, Derjave said:

My husband, a filipino, came to the US when  he was  only 14 years old and now he is already 47.  His dad became a US citizen when he was still a minor . Unforunately, his dad already passed away.  Based on what i read, he was a US Citizen also at that time.

The point is your husband is now a US citizen automatically by law, he cannot be naturalized by filing an n400 because legally he is already a US citizen. You just need to prove he is a citizen by filing the n600 proving his father became a citizen when he was a minor green card holder and he lived with and in the custody of his us citizen father at the time.

 

The correct legal action to take is to apply for his n600 with the proof needed to be approved, it may not be easy, but it is the only real option. The state department (the passport agency) will likely issue a passport to him with the proper proof of his citizenship, but USCIS has the final word on citizenship. It is best to get the certificate of citizenship by filing the n600, he may need it down the road.

 

Getting proof of his citizenship may be a bit of a chore, naturalization certificate of father, FOIA of dad's immigration history, your school records, family photos, mom's death certificate, his parents wedding certificate, husband birth record and so on.

 

Good luck

[Mike E 11,727]

You get just one chance to file N-600.

 

Given the petitioning parent is not longer alive and it was 29 or more years since the beneficiary became a U.S. citizen (hence the trail of evidence is cold … so I’ve some sympathy for @Timona’s opinion) filing N-600 first is high risk and has a high probability of (permanently) failing if USCIS issues an RFE and a deadline the beneficiary cannot possibly meet.  

 

Hence my advice to try for a passport and passport card first. It’s cheap, and it can be attempted multiple times.  And the State department obviously and originally made a final and favorable determination of paternity and thus is less likely to question paternity 29+ years after the fact.  
 

Automatic acquisition of citizenship through naturalization of the parent needs to be reformed so that these tragedies stop once and for all. 

[OldUser 5,107]

26 minutes ago, Mike E said:

You get just one chance to file N-600.

How would one recover from denied N-600? File N-400? 

[Mike E 11,727]

18 minutes ago, OldUser said:

How would one recover from denied N-600? File N-400? 

The context is a denial because the RFE response was late or didn’t happen. In that context  there  is no N-400 path.  Remember that N-600 applications result because N-400 was denied.  
 

USCIS isn’t going to break the law just because an applicant decided to run out the clock on an RFE for an N-600.  I’m sure people have tried  that approach and paid the price. 

Options:

 

* Get a U.S. passport and live with limitations. 99 percent of everyone can do so.  

 

*  try to appeal in federal court.  

 

If one insists on attempting N-600 before passport and without an experienced litigator preparing the application one arguably gets what they deserve. If the litigator is not competent, the applicant can at least claim ineffective assistance of counsel. DIYers don’t get to do that.  
 

What’s VJ mantra for denied cases? Ans: file again. Too bad it doesn’t work for N-600.  
 

Whereas if a litigator is doing the work, the litigator knows the process for how to handle an RFE with an unreasonable deadline or requirement. For example if the RFE required DNA evidence and they only way to get was exhumation, a 30 day deadline is not going to hold up in federal court. 
 

I’ve never  seen  a case where hiring an  attorney to fix DIY mistakes cost less than if the attorney was hired from the beginning.  

Edited December 31, 2022 by Mike E

[OldUser 5,107]

1 hour ago, Mike E said:

The context is a denial because the RFE response was late or didn’t happen. In that context  there  is no N-400 path.  Remember that N-600 applications result because N-400 was denied.  

My understanding is a bit limited, but wouldn't the algorithm be:

 

1. Apply for N-600. Approved? Great. Denied? Go to step 2.

2. Apply for N-400 based on LPR. Attach copy of N-600 denial, showing he's not a citizen.

 

How can step 2 be not available?

 

 

[Mike E 11,727]

6 minutes ago, OldUser said:

My understanding is a bit limited, but wouldn't the algorithm be:

 

1. Apply for N-600. Approved? Great. Denied? Go to step 2.

2. Apply for N-400 based on LPR. Attach copy of N-600 denial, showing he's not a citizen.

 

How can step 2 be not available?

 

 

Because being denied because you failed to reply to an RFE in time doesn’t mean you aren’t already a U.S. citizen. If that were true then U.S. citizens  who have had their N-600s denied because they didn’t respond to an RFE wouldn’t be able to get U.S. passports.  Well they can and they do. 
 

Too much advocacy in this thread of illegal activity and high risk behavior.  
 

I’m out before the lock. 

Edited December 31, 2022 by Mike E