Son entered on K2 Visa- want to cancel and apply got N-600

[payxibka 10,045]

I can go to a US embassy without any ID. I can make a claim of US citizenship. The US embassy requires proof that I am. If I can not provide the proof, then the claim is not satisfied. They may require that I get a visa to enter the US. However, they do not have the legal authority to determine that I am not a USC.

and they will not issue a visa until the USCIC renders a decision on your claim... If the USCIS decides you are NOT a citizen then a visa could be issued.

[aaron2020 11,651]

I can go to a US embassy without any ID. I can make a claim of US citizenship. The US embassy requires proof that I am. If I can not provide the proof, then the claim is not satisfied. They may require that I get a visa to enter the US. However, they do not have the legal authority to determine that I am not a USC.

and they will not issue a visa until the USCIC renders a decision on your claim... If the USCIS decides you are NOT a citizen then a visa could be issued.

I would qualify this. For the purpose of entering the US, the child could not prove citizenship and needed a visa. It was not a final determination for all purposes that he was not a USC.

[payxibka 10,045]

I would qualify this. For the purpose of entering the US, the child could not prove citizenship and needed a visa. It was not a final determination for all purposes that he was not a USC.

never have said it was final determination.. only that citizenship could not be conveyed AT THAT TIME. Since citizenship could not be conveyed, a visa was needed.

Child born out of wedlock to a U.S. Citizen father: A child born outside of the United States to an U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship providing the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. Citizen and one non-U.S. Citizen parent, either before or after November 14, 1986; and

the alien mother completes an "Affidavit to establish paternity of child" at this office before a consular officer; and

the father signs a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and

the father provides a written statement acknowledging paternity.

in this situation, lacking proof of the above the child is NOT entitled to conveyance of citizenship until such time as it can be demonstrated so...

Edited September 17, 2009 by payxibka

[aaron2020 11,651]

I would qualify this. For the purpose of entering the US, the child could not prove citizenship and needed a visa. It was not a final determination for all purposes that he was not a USC.

never have said it was final determination.. only that citizenship could not be conveyed AT THAT TIME. Since citizenship could not be conveyed, a visa was needed.

Child born out of wedlock to a U.S. Citizen father: A child born outside of the United States to an U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship providing the American citizen father had been physically present in the United States for the period of time as specified in previous paragraphs for children born in wedlock to one U.S. Citizen and one non-U.S. Citizen parent, either before or after November 14, 1986; and

the alien mother completes an "Affidavit to establish paternity of child" at this office before a consular officer; and

the father signs a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and

the father provides a written statement acknowledging paternity.

in this situation, lacking proof of the above the child is NOT entitled to conveyance of citizenship until such time as it can be demonstrated so...

Once again, the US embassy cannot "convey" citizenship on anyone. It does not have the legal authority to "convey" citizenship. It cannot issue a certificate of citizenship. It does not issue US passports. (US passports are issued by the State Department and the embassy is just the office where you can pick it up.) The child is a USC, he just does not have proof.

Edited September 17, 2009 by aaron2020

[payxibka 10,045]

Once again, the US embassy cannot "convey" citizenship on anyone. It does not have the legal authority to "convey" citizenship. It cannot issue a certificate of citizenship. It does not issue US passports. (US passports are issued by the State Department and the embassy is just the office where you can pick it up.) The child is a USC, he just does not have proof.

The USCIS foreign field offices have jurisdiction and each USCIS office is assigned to decide these issues and every consulate is assigned to a particular USCIS field office.... and in the case of Frankfurt... they happen to have a USCIS field office right there at the consulate...

Despite what you think, until the government recognizes your "claim" to citizenship... you are NOT a citizen.

Edited September 18, 2009 by payxibka