N-600

[Twiggy 0]

I need your help desperately . My sibling was born outside of the US in 1971 to one USC parent, and one US resident parent. She has been living in the US since she a little over 1 y/o with her mother who was US resident at the time of child's birth. Many years later (long after my siblings 18 bday)mother became Naturalized Citizen. Father (USC) lived in the US for many years, and many after his 14th birthday, he served in the Marine Corps and is a war veteran. Unfortunately, our parents separated when my sibling was just a bit over 1 y/o, we moved back to the US with our mother and our father remained living in the foreign country.

From what I've read my sibling is considered a US citizen derived thru our father, all the criteria is met, however, she still has a dilemma. She applied for a passport rather than going the long route of filing the N-600. The following documents were submitted: Her foreign birth certificate, father and mothers birth certificates and marriage certificate with certified translation for docs in foreign language. Father's elementary school records (proof that he lived here at least 5 years), and in lieu of tax records or military records to show proof of USC father living in US after his 14th birthday(sibling was unable to find any and mother is too ill to remember any information), she provided birth certificates of her siblings, all older than her and all born in the US to the same USC father. She also provided her own school and vaccine records to show that she has been in the US since very young. Besides the letter of explanation submitted with the application and documents, she also called to explain after filing for the passport that the birth certificates of all her siblings were in lieu of an affidavit from her father as she has no knowledge of his whereabouts and if he still lives. The representative that she spoke with understood and felt confident that there was enough evidence.

To her dissapointment she received a denial because the father's affidavit was not provided.

My question is the following: what other documentation can be provided as she has practically exhausted all means to find our father . Is there a way to convey to the passport agency the above mentioned? If so, how? Should she have to seek a lawyer to get around to talk to the person that will review the application rather than the represantative taking the calls?

This matter is quite urgent now, as she will be needing to travel for business. She understands that eventually she will need to file for the N-600 just to have the certificate is she should need it. Do you have any suggestions?

[Twiggy 0]

Also, since our mother is now a naturalized citizen, does that make any difference? Can my sibling apply thru mom? Any help will be sooo appreciated.

[NickD 203]

Also, since our mother is now a naturalized citizen, does that make any difference? Can my sibling apply thru mom? Any help will be sooo appreciated.

Most helpful people I have found are the very knowledgeable immigration people that work for your senators office, would contact them and even tracing down what ever happened to her dad. 1971 hints of the Viet Nam era, what a mess this country was in back then, still is today with this so-called spread of democracy for countries that don't want it. Back then was the spread of communism that was all BS, was dealing with dictatorships. If this is Viet Nam related, many of a US citizen kid was left there and eventually put to death.

I am by no means a saint, but least know where all my kids are and have supported them, met guys that bragged about having over a dozen, sick, in my opinion, how can anyone be like that? This 9/11 sure didn't help when a group of terrorist all came here legally to do massive destruction dealing with do-gooders that think they are protecting this country making all of us pay the price. Would contact your senators office and hopefully, someone will take an interest in your situation.

[Brother Hesekiel 2,236]

Being able to be a US citizen is . . . umm. . . kind of important for somebody living in the US of A. Generally speaking, getting a passport without the N-600 is possible, but not without some documents you are lacking.

So let me ask you a few questions.

1) Did the "sibling's" USC dad report the birth of his child to the US Embassy/Consulate abroad?

2) How did the child enter the US of A . . . umm . . . twenty-some (?) years ago?

3) What documentation do you have for that?

4) The sibling now being "way past 18 years" of age, does she have a state-issued driver license?

5) Does she have a SS card? If so, is it unrestricted or restricted?

6) Did she ever have a Green Card? If so, when did the last one expire?

Let's wait for your answers, and then I'll chime in again.

[Twiggy 0]

Being able to be a US citizen is . . . umm. . . kind of important for somebody living in the US of A. Generally speaking, getting a passport without the N-600 is possible, but not without some documents you are lacking.

So let me ask you a few questions.

1) Did the "sibling's" USC dad report the birth of his child to the US Embassy/Consulate abroad? TO THE BEST OF MY KNWOLEDGE WE BELIEVE THAT OUR FATHER DID NOT RESGISTER HER BIRTH AT THE EMBASSY. FROM READING THE PASSPORT AND N-600 APPLICATION INSTRUCTIONS, MY SIBLIING WAS A USC AT THE TIME OF HER BIRTH, AS SHE MET ALL THE CRITERIA (FATHER IS USC, LIVED INTHE US SINCE HIS BIRTH AND 24 YEARS MORE TO BE EXACT ALL AFTER THE AGE OF 14)

2) How did the child enter the US of A . . . umm . . . twenty-some (?) years ago? WHEN OUR MOTHER SEPARATED WE RETURNED TO USA VIA AIR APPROXIMATELY 38 YEARS AGO, NO DOCUMENTS WERE PRESENTED NOR REQUESTED FROM HER.

3) What documentation do you have for that? NONE

4) The sibling now being "way past 18 years" of age, does she have a state-issued driver license? YES

5) Does she have a SS card? If so, is it unrestricted or restricted? YES, UNRESTRICTED

6) Did she ever have a Green Card? If so, when did the last one expire? NO, NEVER HAD A GREEN CARD

Let's wait for your answers, and then I'll chime in again.

THANKS FOR ALL YOUR HELP!

[Twiggy 0]

Most helpful people I have found are the very knowledgeable immigration people that work for your senators office, would contact them and even tracing down what ever happened to her dad. 1971 hints of the Viet Nam era, what a mess this country was in back then, still is today with this so-called spread of democracy for countries that don't want it. Back then was the spread of communism that was all BS, was dealing with dictatorships. If this is Viet Nam related, many of a US citizen kid was left there and eventually put to death.

I am by no means a saint, but least know where all my kids are and have supported them, met guys that bragged about having over a dozen, sick, in my opinion, how can anyone be like that? This 9/11 sure didn't help when a group of terrorist all came here legally to do massive destruction dealing with do-gooders that think they are protecting this country making all of us pay the price. Would contact your senators office and hopefully, someone will take an interest in your situation.

Hi NickD, thanks for the tip on senator's office, we'd not considered this we shall give this a try!!

Our father served in the marine corps and is a korean war veteran. He was very young when he served. However, two of my brothers, also marines, served during the Vietnam war and one also served during desert storm. Sadly, we have been unable to request my father's military records to use as evidence for my sibling's passport, back then I believe they were issued a military record number rather than using the SSN. We shall call the senator's office, and keep you posted.

[NickD 203]

Hi NickD, thanks for the tip on senator's office, we'd not considered this we shall give this a try!!

Our father served in the marine corps and is a korean war veteran. He was very young when he served. However, two of my brothers, also marines, served during the Vietnam war and one also served during desert storm. Sadly, we have been unable to request my father's military records to use as evidence for my sibling's passport, back then I believe they were issued a military record number rather than using the SSN. We shall call the senator's office, and keep you posted.

Seem to be the only means of help with the DOS and USCIS, Contacted our senators office last month when a decision couldn't be made for my stepdaughter, a miscommunication era. The again last night, wife petitioned for her unmarried son over two years ago, not a word, when the posted processing time is 8 months at the California Service Center.

Since 9/11 we have a Veterans expressway, street, avenue, and a park in town that doesn't help a vet in the least. Don't mind dropping the fact that I am a veteran of a foreign war, many of us had to make the ultimate sacrifice for our country. Well I didn't, still alive. Yes, back in the Korean War, service numbers were used. Older than me, but not sure what that war did either besides move our ship building industry from Wisconsin to South Korea. And in regards to spreading democracy, all of these wars are causing us to lose ours.

Heard on the news yesterday, while the average public employee is getting six weeks paid vacation, one out of four Americans get zero, rest are lucky to get nine days. What are we fighting for? Certainly, not for us. I have yet failed to get Veterans Day off with pay.

[zyggy 9]

I need your help desperately . My sibling was born outside of the US in 1971 to one USC parent, and one US resident parent. She has been living in the US since she a little over 1 y/o with her mother who was US resident at the time of child's birth. Many years later (long after my siblings 18 bday)mother became Naturalized Citizen. Father (USC) lived in the US for many years, and many after his 14th birthday, he served in the Marine Corps and is a war veteran. Unfortunately, our parents separated when my sibling was just a bit over 1 y/o, we moved back to the US with our mother and our father remained living in the foreign country.

From what I've read my sibling is considered a US citizen derived thru our father, all the criteria is met, however, she still has a dilemma. She applied for a passport rather than going the long route of filing the N-600. The following documents were submitted: Her foreign birth certificate, father and mothers birth certificates and marriage certificate with certified translation for docs in foreign language. Father's elementary school records (proof that he lived here at least 5 years), and in lieu of tax records or military records to show proof of USC father living in US after his 14th birthday(sibling was unable to find any and mother is too ill to remember any information), she provided birth certificates of her siblings, all older than her and all born in the US to the same USC father. She also provided her own school and vaccine records to show that she has been in the US since very young. Besides the letter of explanation submitted with the application and documents, she also called to explain after filing for the passport that the birth certificates of all her siblings were in lieu of an affidavit from her father as she has no knowledge of his whereabouts and if he still lives. The representative that she spoke with understood and felt confident that there was enough evidence.

To her dissapointment she received a denial because the father's affidavit was not provided.

My question is the following: what other documentation can be provided as she has practically exhausted all means to find our father . Is there a way to convey to the passport agency the above mentioned? If so, how? Should she have to seek a lawyer to get around to talk to the person that will review the application rather than the represantative taking the calls?

This matter is quite urgent now, as she will be needing to travel for business. She understands that eventually she will need to file for the N-600 just to have the certificate is she should need it. Do you have any suggestions?

First, how is your sister in the US now... has she been in the US since her birth and only now is planning to leave the country? Does she have a Green Card? There are important matters.

The first issue is whether or not your sister is a citizen is based on the law as it existed when she was born... in 1971, NOT today. I believe the law then was 10 years of reisdency not the 5 as it exists now.

The law as it existed in 1971 is summarized as follows:

1. The person's parents were married at the time of birth
2. One of the person's parents was a U.S. citizen when the person was born
3. The citizen parent lived at least ten years in the United States before the child's birth;
4. A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

For persons born out-of-wedlock (mother) if all the following apply:

1. the mother was a U.S. citizen at the time of the person’s birth and
2. the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.

You allude to the fact that her parents were married at the time of birth.

I agree with some of the comments. This is a case where you need to get Congressional representation involved. I would file for the N-600 immediately. Do not let your sister leave the US until this matter is resolved. She may not be able to get back in. Her business travels are going to have to be postponed for a significant period of time.

My guess is that this case is complicated enough and the evidence grey enough that the State Department will not want to touch it. They will likely want the agency that directly deals with Citizenship matters, USCIS, to make the final decision.

This is a case where I would consult with a immigration attorney. He would be able to develop a case that would stand the best chance of success from USCIS scrutiny. Since this is not an open and shut case as far as evidence is concerned, it would be money well spent.

Best of luck

[zyggy 9]

Hi NickD, thanks for the tip on senator's office, we'd not considered this we shall give this a try!!

Our father served in the marine corps and is a korean war veteran. He was very young when he served. However, two of my brothers, also marines, served during the Vietnam war and one also served during desert storm. Sadly, we have been unable to request my father's military records to use as evidence for my sibling's passport, back then I believe they were issued a military record number rather than using the SSN. We shall call the senator's office, and keep you posted.

You should be able to get his DD-214 from the National Archives without the number.

Information to receive it is below:

http://www.va-home-loans.com/dd21_request_VA_loan.htm

[zyggy 9]

Agree that you sould contact the Consulate where she was born to see if a Consular Report of Birth Abroad was filed. If it was, then that is evidence of citizenship.

[zyggy 9]

Agree that you sould contact the Consulate where she was born to see if a Consular Report of Birth Abroad was filed. If it was, then that is evidence of citizenship.

To Replace a Consular Report of Birth Abroad (FS-240), You Must Submit:

1. A notarized written (or typed) request that includes all of the following information:

• Full name of the child at birth
• Any adoptive names of child
• Child's date and place of birth
• Any available passport information

• Full name of parents
• If known, the serial number of the FS-240
• Signature of requester
• Legal Guardian(s) Only: A copy of the court order granting guardianship

2. A copy of requester's valid identification

3. A $50.00 check or money order

• Make payable to "Department of State"
• The Department will assume no responsibility for cash lost in the mail.

4. Mail to:

Department of State

Passport Services

Vital Records Section

Room 510

1111 19th Street, NW

Washington, DC 20036

Edited April 6, 2011 by zyggy