Applying for naturalization without green card in hand

[Disteny 39]

Hi VJ members

We've been in this dilemma since Nov 2020 , The passport center holds my daughter's green card and other documents since then , they haven't issued nor a passport or given her the green card back, although we called them many times asking for her documents back and we mailed them asking to withdraw the application and have the documents back, because I don't have what's called a proof of custody because she was below 18 when I naturalized but now she turned 18, I am wondering why they didn't ask for that proof of custody when we applied for immigration 5 years ago. My kids officially are eligible to apply for naturalization in October based on 5 years rules, the question is can she apply with no green card in hand, but she has a copy of it? 

[igoyougoduke 1,656]

which country passport center is holding the green card ? why did they riginal green card 

[Disteny 39]

6 minutes ago, igoyougoduke said:

which country passport center is holding the green card ? why did they riginal green card 

The passport center in New Orleans , I applied for US passport for me and my daughter who was under 18 at that time, I got mine, but not hers because they need a proof of custody, when you apply for US  passport you have to submit the original documents.

Edited May 23, 2021 by Disteny

[Ontarkie 14,220]

5 hours ago, Disteny said:

Hi VJ members

We've been in this dilemma since Nov 2020 , The passport center holds my daughter's green card and other documents since then , they haven't issued nor a passport or given her the green card back, although we called them many times asking for her documents back and we mailed them asking to withdraw the application and have the documents back, because I don't have what's called a proof of custody because she was below 18 when I naturalized but now she turned 18, I am wondering why they didn't ask for that proof of custody when we applied for immigration 5 years ago. My kids officially are eligible to apply for naturalization in October based on 5 years rules, the question is can she apply with no green card in hand, but she has a copy of it? 

In order for them to issue her a passport you have to show she was in your legal custody. You needed a court certified document saying you have joint, full or sole custody. As for why she didn't need it to immigrate is because they have a different requirement. Did you have the father's permission to immigrate? That is usually all they ask for at the interview. How does your daughter's birth country handle custody. Sometimes you can get a lawyer in teh US who is familiar with the laws of the birth country and can show the legal mumbo jumbo to the Passport agency and help clear things up for you. 

 

Also as applying for naturalization while they already derived citizenship from you is not going to happen. They will look at the dates and say hey you can't naturalize you're already a USC. You need to get the passport agency sorted out first. 

Edited May 23, 2021 by Ontarkie

[Okboy 43]

23 hours ago, Disteny said:

Hi VJ members

We've been in this dilemma since Nov 2020 , The passport center holds my daughter's green card and other documents since then , they haven't issued nor a passport or given her the green card back, although we called them many times asking for her documents back and we mailed them asking to withdraw the application and have the documents back, because I don't have what's called a proof of custody because she was below 18 when I naturalized but now she turned 18, I am wondering why they didn't ask for that proof of custody when we applied for immigration 5 years ago. My kids officially are eligible to apply for naturalization in October based on 5 years rules, the question is can she apply with no green card in hand, but she has a copy of it? 

You can apply for N400 without a physical green card. I once asked my attorney about that and he said it’s absolutely possible.  

[SusieQQQ 11,586]

I think considering the green card is currently in the possession of the US Department of State she can definitely apply. I know this has been a long and stressful process for you - good luck, hopefully the end is in sight now.

[SusieQQQ 11,586]

On 5/22/2021 at 11:18 PM, Ontarkie said:

 

 

Also as applying for naturalization while they already derived citizenship from you is not going to happen. They will look at the dates and say hey you can't naturalize you're already a USC. You need to get the passport agency sorted out first. 

OP has previous threads on this saga. The passport center has basically told them she’s not eligible for derived citizenship because she can’t show the required legal custody, so imo she should be able to naturalize in that case. I presume OP has correspondence about this to show/upload as additional evidence for the n400 application.  I don’t understand why the passport center is not returning the documents as OP had requested. Maybe time for a congressperson to get involved.
 

Edited May 24, 2021 by SusieQQQ

[Ontarkie 14,220]

4 hours ago, SusieQQQ said:

OP has previous threads on this saga. The passport center has basically told them she’s not eligible for derived citizenship because she can’t show the required legal custody, so imo she should be able to naturalize in that case. I presume OP has correspondence about this to show/upload as additional evidence for the n400 application.  I don’t understand why the passport center is not returning the documents as OP had requested. Maybe time for a congressperson to get involved.
 

That is what I was thinking,, but she said they are waiting for her to submit documents. Ones she doesn't have. If they outright denied her they would have sent all the stuff back but they haven't. She needs to get that part straightened out. 

[SusieQQQ 11,586]

3 hours ago, Ontarkie said:

That is what I was thinking,, but she said they are waiting for her to submit documents. Ones she doesn't have. If they outright denied her they would have sent all the stuff back but they haven't. She needs to get that part straightened out. 

She’s already told them she doesn’t have what they need and asked them to return the package, and they are not. This is why i suggested congressperson involvement. 

[Disteny 39]

On 5/22/2021 at 11:18 PM, Ontarkie said:

In order for them to issue her a passport you have to show she was in your legal custody. You needed a court certified document saying you have joint, full or sole custody. As for why she didn't need it to immigrate is because they have a different requirement. Did you have the father's permission to immigrate? That is usually all they ask for at the interview. How does your daughter's birth country handle custody. Sometimes you can get a lawyer in teh US who is familiar with the laws of the birth country and can show the legal mumbo jumbo to the Passport agency and help clear things up for you. 

 

Also as applying for naturalization while they already derived citizenship from you is not going to happen. They will look at the dates and say hey you can't naturalize you're already a USC. You need to get the passport agency sorted out first. 

I already told them and explained that I don't have that legal custody, meaning she's been with me since she was born , I got divorced when she was only 3 months old and her father left them to me, we didn't go to court .

[Disteny 39]

10 hours ago, SusieQQQ said:

OP has previous threads on this saga. The passport center has basically told them she’s not eligible for derived citizenship because she can’t show the required legal custody, so imo she should be able to naturalize in that case. I presume OP has correspondence about this to show/upload as additional evidence for the n400 application.  I don’t understand why the passport center is not returning the documents as OP had requested. Maybe time for a congressperson to get involved.
 

I requested many time to get the documents back by mail , by phone calls and by emails. I have a feeling that they lost the documents.

[Disteny 39]

3 hours ago, SusieQQQ said:

She’s already told them she doesn’t have what they need and asked them to return the package, and they are not. This is why i suggested congressperson involvement. 

How could I contact a congress person ? Do I have to call ?

[Disteny 39]

6 hours ago, Ontarkie said:

That is what I was thinking,, but she said they are waiting for her to submit documents. Ones she doesn't have. If they outright denied her they would have sent all the stuff back but they haven't. She needs to get that part straightened out. 

I told them already that I couldn't provide them with that legal custody. I asked them to withdraw the application and return my documents back, but nothing happened.

[Disteny 39]

10 hours ago, SusieQQQ said:

I think considering the green card is currently in the possession of the US Department of State she can definitely apply. I know this has been a long and stressful process for you - good luck, hopefully the end is in sight now.

Yes very stressful for all of us, I really hope that she can apply for her naturalization without any more complication.

[Disteny 39]

On 5/23/2021 at 5:15 PM, Okboy said:

You can apply for N400 without a physical green card. I once asked my attorney about that and he said it’s absolutely possible.  

I hope so, thanks a lot.