Child citizenship retroactively challenged - rare situation. Guidance appreciated

[Boiler 43,447]

https://www.shusterman.com/

 

https://mautinolaw.com/about/ There was a forum years ago I used to participate in and a Lawyer there who would mention people he respected in specific area, I think this was his maven for Citizenship issues.

[zonga85 3]

So, an update.

 

the consulate got back and approved the passport given the evidence.

 

at this point, I’m considering applying for n600 as secondary evidence of citizenship in order not to deal w this again in 5 years.

 

I can’t do n600k given the situation (i.e., will have a valid passport)

questions:

- any guidance overall? Anyone been in this situation before?

- ok to apply for n600 from outside of the us?

Edited January 28 by zonga85

[OldUser 4,819]

7 hours ago, zonga85 said:

- ok to apply for n600 from outside of the us?

As far as I know, N600 must be filed inside the US.

[R&OC 349]

I just talked to a lawyer about the N-600 filing at being IN the US… The day of naturalization matters not the date of filing the N-600 for eligibility. But USCIS are not necessarily lawyers according to the lawyer.

[R&OC 349]

On 1/14/2024 at 5:18 AM, zonga85 said:

n600 is for individuals residing in the US, correct?

At the time of automatically receiving citizenship. 

[zonga85 3]

28 minutes ago, R&OC said:

I just talked to a lawyer about the N-600 filing at being IN the US… The day of naturalization matters not the date of filing the N-600 for eligibility. But USCIS are not necessarily lawyers according to the lawyer.

That’s what my research is proving as well.

[Paul Hanaki 68]

On 1/28/2024 at 2:03 PM, zonga85 said:

That’s what my research is proving as well.

 

Just make sure you go over with your attorney all of the facts again to be double sure the child qualifies since you have had issues with the state department. USCIS if they feel the facts don't support citizenship can tell the state department to cancel their passport. 

[zonga85 3]

2 hours ago, Paul Hanaki said:

 

Just make sure you go over with your attorney all of the facts again to be double sure the child qualifies since you have had issues with the state department. USCIS if they feel the facts don't support citizenship can tell the state department to cancel their passport. 

thank you. I’m in touch with 2 lawyers,

one of which is recommending n600, and the other one n600k.

 

clearly an edge case 🙂

 

I’m 100% sure about having qualified for citizenship. the consular officer took many weeks to research the case, look at the evidence and and set a record for the future. It wasn’t an easy decision.
 

Also, if I were to go through the n600k route today without any history, I have a rock solid case. What makes n600k challenging is the language around “do not … if ina 320 …”
 

 

Edited January 30 by zonga85

[powerpuff 5,907]

Hijack post removed. Please do not post duplicate posts in different threads and do not post your own questions on other members threads. 
 

VJ Moderation 

[R&OC 349]

On 1/30/2024 at 5:30 PM, zonga85 said:

thank you. I’m in touch with 2 lawyers,

one of which is recommending n600, and the other one n600k.

 

clearly an edge case 🙂

 

I’m 100% sure about having qualified for citizenship. the consular officer took many weeks to research the case, look at the evidence and and set a record for the future. It wasn’t an easy decision.
 

Also, if I were to go through the n600k route today without any history, I have a rock solid case. What makes n600k challenging is the language around “do not … if ina 320 …”
 

 

Zonga, I am pretty sure you need to file N-600 because you already have a US passport for her. The new proposed N-600 forms will accommodate an international address field. Being „in“ the US is a pretty confusing phrase and hence, the new forms will accommodate this.

 

My children’s N-600 finally got approved but it took two years in California.

[Dashinka 23,251]

On 4/13/2024 at 2:12 PM, R&OC said:

Zonga, I am pretty sure you need to file N-600 because you already have a US passport for her. The new proposed N-600 forms will accommodate an international address field. Being „in“ the US is a pretty confusing phrase and hence, the new forms will accommodate this.

 

My children’s N-600 finally got approved but it took two years in California.

That is good information as the N600 vs N600K can be confusing.  Equating the physical location of the child at the time of naturalizing makes more sense when deciding which form to use.