zonga85
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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 …”
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Hi all Following up from the following thread: Long story short: I want to have a certificate of citizenship for my son in order to avoid the situation mentioned in the thread above the case is: - he was born outside of the us when my wife and I were LPR - we got naturalized and were living in the us at the time, thus she became a citizen, and received a passport - we left the country soon after she became a citizen due to unforeseen personal challenges. We thought we’d come back, but couldn’t - 1 year later made the decision to fully start living abroad. - time for renewal of the passport, his passport was challenged but eventually issued - don’t want to deal w it again so want to apply for CoC. now - we reside abroad. is the route n600 or n600k? on the one hand, it feels it should be n600 as we were living in the US when she became a citizen. However the form says “do not file if you do not regularly reside in the us” i go to n600k. Residence is not a challenge but it says “do not file if automatically acquired citizenship through ina 320”, which is my son’s case. any guidance appreciated. ps: he’a about 6 years old now
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That’s what my research is proving as well.
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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?
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Anyone here have a recommendation for a lawyer who might be experienced in a tricky case like mine? I'd like to get a second opinion.
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OldUser reacted to a post in a topic:
Child citizenship retroactively challenged - rare situation. Guidance appreciated
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Really appreciate the guidance. I'll wait for 1 more week to follow up w/ the consulate and we'll see. An immigration lawyer already engaged, and suggested waiting for a response from the consulate first. The challenge is, what if USCIS also rejects the N600K purely based on the fact that she's already a US citizen as she was issued a passport (this is a q asked as part of the N600K application). Then she's in "limbo". Hence we thought maybe at least the consulate says "they're not able to renew the passport", then we could use that to go the USCIS route. In terms of engaging the congressman route. how would you recommend that we go about it, given that we're living outside of the US?
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There's no work to be done. Child already had a US passport that was about to expire, but got punched through in the consulate as we were there to renew it. I responded to the questions consulate asked for them to understand if they could issue a new passport. Now the consulate needs to either 1) renew the passport or 2) say they believe she might not have qualified for the citizenship at the first place (which is when we need to file the n600k)
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Family reacted to a post in a topic:
Child citizenship retroactively challenged - rare situation. Guidance appreciated
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Quick update on my end the consulate had questions which I responded to, explaining the situation. they said it’s a complex case and needed advice from state dept in the US waiting for a response at this point.
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n600 is for individuals residing in the US, correct?
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through INA322?
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thank you so much for your attention. Yes they did ask for more evidence, which now I’m gathering. I have a strong case, however still not ruling out an alternate path if I absolutely have to.
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To be clear, lots of people do what?
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Thank you all. Can someone please confirm that INA 322 does not require that the parent be a US citizen at the time of the birth of the child? i.e., as we naturalized after our son was born, he could still qualify, provided that other conditions are met?
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Unfortunately we may not be able to move back soon. However we definitely do have the intent to go back within 1-2 years. Before giving us this answer, they first cancelled the kid’s passport (punched holes). Not because of the stated issue above, but before having the interview, they ask whether “we’d need the passport soon as it would have to be cancelled for the new passport to be issued”. We said no, and they cancelled it, only to say later on “we need more evidende”. at least we got the cancelled passport back, which serves as some sort of evidence, I hope(!). Obviously my son can’t travel w that now. Yes we went for a renewal of my son’s passport. That’s why.
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Outside of the US. We had to take care of the parent for quite some time (~1.5 - 2 years until she passed away) as I mentioned. That meant me having to start a new career abroad once we knew that we wouldn’t be able to go back for a meaningful time, while my wife taking care of the parent i thought that n600k would be the most appropriate route in the alternative scenario. No?