No proof of citizenship - estranged from father

[Pinkrlion 2,719]

I am here trying to assist my nephew with his citizenship. He states that his father has been a citizen for over 15 years as he went to the oath ceremony, but he does not have proof, and they are no longer on speaking terms.

He was born out of wedlock, came to US as a K-2 at age 12 and lived with father and step mother until he was 20. He is now 30 and still has a GC. His father is now divorced.

What documents does he need to provide since his father is not cooperating? Does he just apply for a US Passport with his birth certificate, and GC card? Should he file for a Citizenship Certificate?

Should he be referred to a lawyer?

Thanks

[Georgia16 2,858]

Why doesn't he file to Naturalized by himself?

[canadian_wife 1,822]

If he has been a green card holder for this long I believe he qualified for naturalization by himself. Why not eliminate the father completely and he files independently? That sounds like it would solve all your problems

good luck

[Pinkrlion 2,719]

Why should he file when he is already a citizen

[EM_Vandaveer 2,408]

Why should he file when he is already a citizen

Because he can't prove it. What good does it do if he can't prove it?

[aaron2020 11,651]

Why should he file when he is already a citizen

Because he's SOL without his father's cooperation. He needs proof that his father naturalized while he was under 18 years old and proof that he was living with his father. There is no way to force his father to cooperate. His BC and his GC doesn't prove he's a US citizen. His BC, GC, and father's naturalization certificate would. Without the proper proof, he's SOL. He needs a copy of his father's naturalization certificate.

[newacct 688]

Because he's SOL without his father's cooperation. He needs proof that his father naturalized while he was under 18 years old and proof that he was living with his father. There is no way to force his father to cooperate. His BC and his GC doesn't prove he's a US citizen. His BC, GC, and father's naturalization certificate would. Without the proper proof, he's SOL. He needs a copy of his father's naturalization certificate.

But USCIS knows all the info about his father's naturalization. So USCIS should be able to issue a Certificate of Citizenship.

[aaron2020 11,651]

But USCIS knows all the info about his father's naturalization. So USCIS should be able to issue a Certificate of Citizenship.

How would USCIS go about looking up his father's naturalization?

There's no way to look it up without violating the father's privacy. Naturalization documents are not public records. You can't have a third party go fish around for another person's naturalization records; even when the third party is a child. The son has no rights to get any information from USCIS about his father's naturalization because of privacy laws.

Please read the N-600 Certificate of Citizenship instructions. The applicant is required to provide proof that the parent is/was a USC. No proof = no certificate since the burden is on the applicant to provide the required proof.

Edited May 30, 2016 by aaron2020

[JimmyHou 611]

The n400 application asks if either parent is a citizen.

He will have to answer yes, his father is a citizen.

As soon as he does so, and they realize that he too is be a citizen, they will deny his n400 application.

U.S. citizens are not eligible to naturalize. That's why those two questions about citizenship of parents are on the form.

There was actually a case similar to this posted here a couple of years ago... and the applicant was told he couldn't naturalize.

So I don't think the n400 is an option. What do you guys think? They're not going to approve an n400 (naturalization) unless he says his parents are not citizens or they otherwise determine that the applicant is not a citizen.

I think the only way is to prove naturalization of the father. He can't just apply for a passport because he doesn't have his dad's naturalization certificate. So n600 is the only option and it's going to be hard... he'll need a copy of a passport, a naturalization certificate, court records indicating naturalization... something like that to even have a chance.

[Caykay1 71]

Because he can't prove it. What good does it do if he can't prove it?

All he has to do is call Uscis. They will get some info from him and show him how to get the citizenship certificate. He's already a citizen.

[EM_Vandaveer 2,408]

All he has to do is call Uscis. They will get some info from him and show him how to get the citizenship certificate. He's already a citizen.

I realize that he is a citizen, but he has to prove it and cannot. Read the earlier posts. USCIS won't look for proof, he has to provide it. And apparently he can't naturalize either. Tough spot.

I suppose a FOIA request is not possible either, because it's his father's records, not his? But at the same time he must have been mentioned on his father's immigration paperwork. Can't he get something because of that?

[EM_Vandaveer 2,408]

Sounds like lawyer time, at least for a consultation.

[EM_Vandaveer 2,408]

I know that once his father dies, he can get his father's naturalization certificate by a Geneology FOIA request, but before that, I don't know.

[EM_Vandaveer 2,408]

This is from a DoJ booklet https://www.justice.gov/sites/default/files/eoir/legacy/2013/01/22/Determining%20US%20Citizenship%20-%20English%20(15).pdf

"Otherwise, you can submit a Freedom of Information Act (FOIA) request for copies of your parents naturalization history. You must have your parents consent to do a search of their immigration records!"

Edited May 30, 2016 by EM_Vandaveer

[Jawaree 717]

He simply ask an atty to navigate things...he cannot get parent info, if he is not on speaking term with his father its time

for him to man up with an olive branch (we get only one set of parent) If he has a good relationship with mom maybe she

can find the info among old docs...he cannot lie on N400 to naturalize. last resort attys help