AP786

On 4/13/2024 at 2:36 AM, R&OC said:

If I were you, I would retain an attorney and immediately peruse the legal route.

1.) file the N-600 as soon as possible

2.) challenge State Departments decision by providing the necessary documentation.

 

Given you have more children (younger than your son?) you may want to ensure this is getting resolved as soon as possible.

 

I do not believe this can be fixed anytime soon.

I have already filed the N-600k, but the processing time seems to be over 9 months, need to expedite this process to urgent to save my child from repeating full year of grade 12.

Other children were born after both parents were naturalized and have the Consular Report of Birth Abroad (CRBA) certificate, dont think they need the citizenship certificate

On 4/12/2024 at 4:23 PM, Redro said:

Were you working for the US government in Dubai or another entity with significant ties to the U.S.? I would definitely consult with a lawyer. You might be able to fight their definition of residency in the US…

Does you son not have any other citizenship can he not obtain an emergency passport allowing him to return to school so he can write his exams? 

I worked for a US corporation with factory in Dubai, they moved me to Dubai

3 minutes ago, Boiler said:

In my mind the whole thing is stupid, I have not seen it come up where someone has a Certificate of Citizenship and not sure I understand why that would make a difference.

 

I am sure I have seen many cases where the child comes over on holiday to get their citizenship, lives with another parent outside the US and never has a problem and a few where they do.

 

I was just trying to suggest why the issue arose in this case, all I can think of, essentially it seems a matter of opinion, maybe there has been a memo that went around?

 

I suppose at least if you are in the US you can eventually take it to an IJ, however my focus would be talking to one of the 2 lawyers mentioned, I certainly have nothing against Margaret, just mentioned my recommended one in this area.

 

Sorry I don’t understand, what is IJ ?

7 hours ago, Boiler said:

My reply on your other post

 

There is no requirement for a USC to maintain residency in the US.

 

On here I always recommend getting a Certificate of Citizenship as you have nothing otherwise.

 

These conditions must be met before you turn 18 years of age:
1. Your parent must be a U.S. citizen;
2. You must be the biological child of that U.S. citizen parent;
3. You must be lawfully admitted to the United States for lawful permanent residence; and
4. You must be living in the United States in the legal and physical custody of your U.S. citizen parent.

 

I assume this is the issue  if he ever lived in USA, son replied he has always lived in Dubai

My child was 2 years old baby at that time, he didnt remember when lived there

and honestly we were not expecting any sort of questions on renewal nor did we know about this residency requirement after obtaining the passport

Any idea the minimum period required to proof residency in this case 

Yes both parents with the child had moved to California, had provided the consulate year 2009 documents of home lease, utility bills, vehicle registration/ insurance and work proofs

but we had to move back to Dubai after 4 months due to my work requirements

Summary of my child’s case:

* I got naturalized in August 2008.

* In September 2008 applied for my 1 year old child’s green card, got approval and immigrant visa stamped in May 2009 at US embassy in Abu Dhabi and was informed once he enters USA, automatically becomes US citizen and can apply for his US passport as me the father is US citizen.

* In June 2009 my child entered USA and he got his US passport issued in July 2009.

* Resided 4 months in USA then due to unforeseen circumstances had to move back to Dubai.

* Renewed child’s US passport every 5 years (2014 & 2019) at US consulate Dubai, never any questions were asked and the process was very smooth.

* In November 2023 applied for renewal of his passport (due to expire in March 12 2024), Officer at consulate directly questioned my son (16 year old minor) if he ever lived in USA, son replied he has always lived in Dubai, the officer gave me pink paper and told they need to review the application for renewal without informing what the reason was.

* Despite numerous weekly emails to consulate to follow-up on renewal, no response or reason of delay was given.

* On March 4th 2024, me and my son traveled to New York for a 4 days trip, to attend 3 different university tours he had applied for admission for his studies in NY for fall 2024 and also reapplied his US passport renewal at New York passport agency as the consulate in Dubai were not responding on the passport renewal.

* On March 6th, we went to collect his renewed passport but the NY passport agency told there already is a pending application from another office (Consulate in Dubai) they cannot renew the passport at the moment and need to wait on the decision.

* On March 7th 2024 received notice from State department that his US passport has been revoked due to not maintaining residency in USA and the previous passport given at the NY passport office will be destroyed.

Now my son is stuck in New York, without a passport
Urgently needs to travel to Dubai, attend his 12th grade final school exams in April 2024
If he does not appear for the exams will have to repeat the full year of 12th grade and also will not be able to join the university in New York.

The manager at NY passport office was very supportive and understanding, advised if we could get the citizenship certificate would issue the passport immediately, so now I have applied for the N-600k but this can take up to 12 months due to the long processing time and my son will turn 18 after 11 months, then not eligible.

I never knew there was any requirement of maintaining residency in USA after getting the passport back in year 2009, otherwise would have applied for the N-600k citizenship certificate during that time.

Me, my wife and all children are US citizens and currently reside in Dubai.

I already have visited two different attorneys, both charged me heavy consultation fees and at the end informed they have no experience in this kind of case.

Please can someone advise or recommend an immigration attorney who has experience or specializes in this kind of case, need to expedite the N-600k to urgent or if any other way to get his US passport issued immediately.