ponyo_rocks

On 3/31/2021 at 3:31 AM, ashmed246 said:

Hello and thank you for posting your experience. I’ll be picking up my child’s certificate in some days and just like your situation, my child’s green card is stuck with Dept of states and we are yet to get his passport. Did you need any form of ID for your minor? For entrance to uscis building or the actual interview?

I think I took my kid's passport & global entry card as forms of ID. I presented both and they were fine with it. 

Thanks @HRQX this is useful info. Yes, the kids dont have SSN due to their H4 status and I think the plan is to apply for an ITIN.

Not sure if USC has filed taxes before, I will find out.

Thank you @HRQX - really grateful for your time, response and knowledge - I've been forwarding your responses to the family and will help them review their application. Do they need to have a filed joint tax return in order to apply for the H1B spouse? 2020 will be their first tax year and they're getting ready to file I think. 

Thanks a lot @HRQX and @aaron2020, for your detailed responses.

Yes, the USC wife plans to apply for husband as well, but I presumed that the husband definitely needs to go through the standard GC application route. Seems like it is a bit simpler for the kids. If I can help the family save a bunch of lawyer fees, it will make me very happy. 

Thanks for all the replies! The kids are 9 and 3 or thereabouts. The only breadwinner of the family is the H1B father. The USC parent is a homemaker. So can the dad's income be considered as household income for sponsorship. Mom has investments in USD and they'll be filing their first joint tax return in a few weeks. 

Does USC mom need to concurrently file I-130 + I-485?

Asking for a relative if their grandkids are eligible for US citizenship.

Background:

The grandmother and mother are both US citizens. Grandmother naturalized and mother was born in the US (in the 80's). Mother moved back to India when she was under 14 years of age and lived there until recently. She married an Indian citizen and had two kids born in India. Couldn't apply for CBRA since she did not live in the US as an adult. The father recently got a job and moved on an H1 visa to the US. The whole family moved to the US - the kids now have a H4 visa. The family plans to hire a lawyer to file green cards, but just wondering if that is the only option. 

I suppose they could have applied for citizenship for the kids through the N600K option, showing grandmother's proof of residency. But now that the kids are in the US, I dont know if that is even allowed. Are the kids eligible for citizenship using grandparent's residency proof?

On 12/9/2020 at 2:31 PM, PJseo said:

Hi, thanks for sharing your experience. Glad you got certificate  

 

I am wondering how your passport application goes. I think we are in the same boat. I sent my child's green card to DOS as an evidence, and haven't gotten US passport/green card over 6 months. 

I had planned to apply for N-600 after receiving his passport, but just applied because passport process took so much longer than expected. 

I have no idea what is wrong with his passport application. 

 

 

I still havent received my child's passport. We applied in March 2019 and got RFE in July. Sent RFE in September and no response since then!

Applied for minor child's N-600 mid-July online at the San Jose office. Got certificate in hand Oct 30. There was a biometrics appointment end of September. We got an interview letter in mid October, just one week before the appointment! We could have easily missed this letter. We didn't see this doc online at all and there was no status update online. Just keep your eyes open for the mail. 

Interview was a 10 minute "certificate pickup" affair. In and out after a quick ID check and parent's signature in presence of IO. Both child and only one parent attended. Other parent was asked to wait outside due to covid rules. We didnt have a US passport or green card - it was stuck with DOS so had to explain that to officer. 

For the actual application, provided all types of proof online - school fees receipt, school records, more than what they ask for. I just didn't want to deal with RFEs. 

Disclaimer - I know this doc is optional, but got it for my peace of mind. It came faster than passport, which is now stuck due to covid and document delays specific to our case. I also don't have my child's original birth certificate, which you need for passport but not for N600, so at this time N600 is the only proof of my child's citizenship. 

Thanks @SusieQQQ for your post on the same topic. I wrote a separate post so people who are interested have more data points. 

Indian consulate in SF issues a non availability of birth certificate document. They might do it if your mom is presently here. If not, a similar local authority in India might give one - maybe the local passport office?

Hello @SusieQQQ

Did you end up going twice to USCIS for this application? Once for biometrics and once to pick up the certificate? And the photo taken during the biometrics appointment was used on the certificate that you picked up later?

I applied for my minor kids N600 months ago and finally got a biometrics notice - just wondering what to expect. Thanks! 

I am curious to know if there are any N600 applicants that filed during the pandemic and have heard back from USCIS? I applied in early July for my minor child and no movement other than the initial receipt. Its a pretty straightforward case. I am sure things are very slow at USCIS due to funding, staffing etc, but I just thought to reach out to fellow applicants. 

My passport application status changed to "approved" a few days ago and I am expecting delivery to my house tomorrow. I applied on March 10, 2020 at USPS and opted for regular delivery (not expedited). Same for my husband. However, applied for my minor child at the same time and that is still pending. My child would be deriving citizenship from us, maybe thats why it is taking longer? Ours is a pretty normal case.

On 4/20/2020 at 10:05 PM, N400NYC said:

Same. Were you able to apply for expedited service? I applied on 3/20 and was not able to. 

I did not even try for expedited service when I applied, but the passport agent asked me if I wanted to. So it might have been possible. As of today it has been 6.5 weeks since I applied. Hopefully my application gets picked up soon. I just want some assurance that it has not fallen down some hole somewhere.

I applied for my passport at USPS on 3/10 and DOS received my app on 3/13. No updates to the online status so far. I'll update here if my status changes. I do feel slightly uneasy about not having my naturalization certificate and it probably costs a lot of money to replace it. 

@SusieQQQ

Did you also upload proof of your physical presence in the US? Since I naturalized I thought it would be presumed, I guess this maybe for other cases. If you did upload, what type of evidence did you provide? I am trying to get a letter from my employer and my child's school.

Thank you. Yes, I did understand. The "anyway" implied that I made an appointment for both of us at the same time even before I saw your OP - sorry I wasn't clear. After reading about your experience, it looks like it was the right thing to do.

23 hours ago, SusieQQQ said:

I did mine and my child’s at the same time on one naturalization certificate. I think the lady at the post office may have made a copy but I don’t recall for sure. I made copies of all documents beforehand to upload for the online N600 application. You won’t get your child's green card back so if you need it for anything (like n600 app) definitely make a copy before you send it off with the passport application. I got the naturalization certificate back the same day as my passport, and the other original documents for my child’s passport, along with a letter saying they were keeping the green card, a few days after her passport arrived.

Thanks for sharing your explanation. I made an appointment for both of us anyway, and looks like we might be able to get it done in one visit.

Thanks for this post! I recently naturalized and want to apply for a passport and COC for my 6 year old, and a passport for me as well. It is helpful to read about your experience.

A tangential question - were you able to apply for a passport for you and your child at the same time? Or should this be done one at a time? I ask because I assume passport applications need the original naturalization certificate and I am unsure if they will accept my original NC for both passport applications. Thanks! 

My case progressed (and completed) far quicker than I expected. I applied end of July and got an interview date mid-december. I had my interview end of January and oath end of February. I had 2+ years of stay outside the US after receiving my GC. So I waited 5 full years to apply after returning to the country. I was concerned that I would be drilled about my absences, but no questions were asked. The interview & oath experience was similar to what others have posted. Oath was held in Campbell and we queued up outside in the sun on a hot day, but I think if you reached the venue at the time allotted to you, its still OK. You'll be let in last and be seated at the back of the auditorium but its not a problem really!

I took my 4 month old child with me to the oath ceremony, I even nursed him during the ceremony since he was fidgety and about to cry - it was not a problem. During my interview I was told (by the USCIS supervisor) that I could speak to the officials outside the auditorium if I am unable to sit for a long time inside with my baby, they might be able to do the oath in a separate room for such folks. Lots of volunteers or staff to help people get seated and everything was flawlessly executed. I would bring snacks and drinks in a backpack for consumption before or after the ceremony.

An update: my estimated case completion time went from March 2020 to April 2020. I applied in July 2019. Has anyone else seen a delay in their case?

Sorry to hear it - must have been stressful! I can also imagine how backed up the roads in that area might have been. Maybe next time try to find a hotel near USCIS the previous night to save yourself some stress? It might be worth the added cost. I am sure it wont be the first or last time USCIS has seen this happen. Good luck.

Yes to filing 3 years less 90 days from date of return from long trip. Also agree that add a few days (a week is better!) to make sure your math and USCIS math is in sync.

15 hours ago, PK_ said:

Please note that the 90-day early filing is only applicable for the 5th anniversary of being a green card holder. It does not apply to you since you have already been a green card holder for more than 5 years.

Nothing says that the 90-day early filing applies to that break in residence clause.

Are you sure about this @PK_? I have read many instances where the 90 day early filing also means you can file 90 days before you meet 5 years (or 3 years for marriage) of continuous residence. Per the USCIS Policy Manual:

Quote

 

D. 90-Day Early Filing Provision (INA 334)

An applicant filing under the general naturalization provision may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as an LPR. ^[14] Although an applicant may file early according to the 90 day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required five-year period of continuous residence as a lawful permanent resident (LPR).

USCIS calculates the early filing period by counting back 90 days from the day before the applicant would have first satisfied the continuous residence requirement for naturalization. For example, if the applicant would satisfy the five-year continuous residence requirement for the first time on June 10, 2010 USCIS will begin to calculate the 90-day early filing period from June 9, 2010. In such a case, the earliest that the applicant is allowed to file would be March 12, 2010 (90 calendar days earlier).

 

Also, I dont understand where the 4 years and 6 month rule comes from. I dont see it in the policy manual. If anyone can link to it, I'd be very interested to read.

I know about the 4 year and 1 day rule and agonized over whether to apply using that rule (decided not to in the end).

OP,  In your case, I think 4 years and 9 months after your return from long trip is ok to apply, but if you can wait extra 3 months that would be best since they are less likely to probe into your absence, get supervisor approval etc. I have a 2 year stay outside the US on my record (with re-entry permit), but I applied after this trip was completely outside 5 yr window.

My parents successfully renewed their B1/B2 at Chennai, India with the interview waiver option. I didn't read about many experiences online, so I thought I'd briefly share. I knew a renewal isn't possible - it is a brand new DS-160 application, but I didn't know if they could get an interview waiver (aka dropbox option) and if the overall process is any easier.

I helped my parents fill out the forms and make the payment of fees online, but one of them physically dropped off the applications at the ASC. I filled out a brand new DS-160 and then created a cgifederal account to "schedule an interview" - this process gives me a unique account number and bank info to make the fee payment. I used one account to add both dad & mom, if that makes sense. Once the fee payment is confirmed, the CGIfederal account receives the receipt numbers for each applicant and generates an interview waiver confirmation letter. There are a series of questions asked to determine if you qualify for interview waiver and this checklist is on the DS-160 website (last visa issue date, any stolen/cancelled visas, any rejected visa interviews). I'd not worry about it too much and let the system determine if you qualify or not.

Overall, I found the process quite confusing and spanning two different websites, a bank transaction with absolutely no refunds due to a mistake. Take screenshots frequently throughout the process to have something to go back to. Have another person verify info often.

Some Tips/Do's/Don'ts:

• A lot of captchas throughout the process - firefox is better than chrome!
• The cgifederal website account gets frozen due to repeated attempts to login for 72 hours with no way to unfreeze. There is no way to know this in advance. I would login with a plan, carefully execute it and logout. This is a terrible system for someone with a time crunch. I would also login no more than twice a day. Expect to be confused!
• For "Who is paying for your trip", I provided my own information. There is conflicting information that if the applicant pays for their trip, their chances of success are better. I had no way of verifying this and just went with the truth.
• Both websites follow different date formats - DD/MM vs MM/DD. Just have your wits around you.
• My parent only submitted what was asked for - confirmation letter, interview waiver letter, photograph, passports & visas. Nothing else was asked or provided. Anyone can submit an application at the support center.
• We paid for home delivery of passports through BlueDart and highly recommend it. There is no parking at the support center, you have to take a cab and the cost evens out. 
• DS-160 takes about 3-4 hrs to fill out per applicant. Save frequently and take screenshots!
• Application dropoff to passport home delivery took 5 business days.

I am just glad this is over for now.

For the kids, is there a US citizen grandparent who meets the physical presence test and can file N-600K? If not, they will also need green cards applied the same way as the wife. Once the kids enter the US with a green card in the legal custody of the US citizen parent, they automatically become US citizens.