Applying for naturalization without green card in hand

[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. 

What if I applied for a certificate of naturalization for her, although it will cost me more than the N-400 .

[Lil bear 4,347]

16 minutes ago, Disteny said:

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

Locate the webpage of your federal senators… you are looking for the contact person on their staff who assists constituents who are having difficulties with federal departments. If the link isn’t there, then call the office of each one and ask how you contact the staff member who has that role 

[Lil bear 4,347]

20 minutes ago, Disteny said:

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.

It may worth sending another letter ..and send it certified mail with signature required and a USPS notification of delivery that comes back to you 

Keep a copy of everything to do with that letter .. the letter and the envelope and the receipt .. at least you can then know that they have received it .. 

[SusieQQQ 11,587]

2 hours ago, Disteny said:

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

Usually a contact form on their website, you can find your representative here https://www.house.gov/representatives/find-your-representative

 

 

If I were you - I would have your daughter file her naturalization application now. It usually takes months for them to get processed, I would not first wait to get the green card back - it should be back by the time she gets an interview.

[Ontarkie 14,535]

4 hours ago, Disteny said:

What if I applied for a certificate of naturalization for her, although it will cost me more than the N-400 .

I haven't looked at the N-600 process. Check out what the requirements are for that process.

Definitely call your representative and get them to light a fire under the Passport agency butt.

[SusieQQQ 11,587]

9 hours ago, Ontarkie said:

I haven't looked at the N-600 process. Check out what the requirements are for that process.

Definitely call your representative and get them to light a fire under the Passport agency butt.

I did both for my kid. N600 is the same requirements. 

[arken 4,197]

One possibility on N-400 is that it could be denied during the interview for the reason she was already a US Citizen before she turned 18. N-600 might be the better approach.

Edited May 25, 2021 by arken

[Ontarkie 14,535]

2 hours ago, arken said:

One possibility on N-400 is that it could be denied during the interview for the reason she was already a US Citizen before she turned 18. N-600 might be the better approach.

That is what I was thinking too. 

 

Here's a similar thread. N400 denied because they said he was already a USC. The OP never answered my question on how custody is handled in her home country. If she can find information from the home country that says she has custody (similar to like how all single/never married mothers get sole custody in the PI. She can use that to show she had sole custody). 

 

 

[SusieQQQ 11,587]

3 hours ago, arken said:

One possibility on N-400 is that it could be denied during the interview for the reason she was already a US Citizen before she turned 18. N-600 might be the better approach.

 

57 minutes ago, Ontarkie said:

That is what I was thinking too. 

 

Here's a similar thread. N400 denied because they said he was already a USC. The OP never answered my question on how custody is handled in her home country. If she can find information from the home country that says she has custody (similar to like how all single/never married mothers get sole custody in the PI. She can use that to show she had sole custody). 

 

 

OP was adamant in previous thread she could not get acceptable proof of legal custody. N600 would not be granted in that case either. I have done both and there is no difference in the proof required (other than n600 also asked for an upload of physical custody proof). Curious as to why you guys think there will be a different outcome when both require the same set of proof under INA320.

[arken 4,197]

38 minutes ago, SusieQQQ said:

 

OP was adamant in previous thread she could not get acceptable proof of legal custody. N600 would not be granted in that case either. I have done both and there is no difference in the proof required (other than n600 also asked for an upload of physical custody proof). Curious as to why you guys think there will be a different outcome when both require the same set of proof under INA320.

 

 My point is let's say they go thru N400 and it all goes to the interview. The IO could see that the person was under 18, entered US legally, a perm resident, and living with the parent when the parent became the citizen. For the IO, the person is a USC at that time. So he/she will tell them to file for N600. Even if the person tells them oh my parent didn't have the sole custody so i can't do N600, the IO i believe still can't approve N400 unless N600 ineligibility comes from authorized body which is again USCIS. They may lose time n money.

 

[SusieQQQ 11,587]

18 minutes ago, arken said:

 

 My point is let's say they go thru N400 and it all goes to the interview. The IO could see that the person was under 18, entered US legally, a perm resident, and living with the parent when the parent became the citizen. For the IO, the person is a USC at that time. So he/she will tell them to file for N600. Even if the person tells them oh my parent didn't have the sole custody so i can't do N600, the IO i believe still can't approve N400 unless N600 ineligibility comes from authorized body which is again USCIS. They may lose time n money.

 

Getting denied from passport agency is same thing imo. They have correspondence to show passport agency doesn’t accept proof that INA320 is met. If passport agency is authorized to accept proof to issue passport they are also authorized to deny. OP is losing time now waiting  for green card to come back. Paying $1170 and waiting months to get n600 denial hardly seems like a win.

 

 

Edited May 25, 2021 by SusieQQQ

[arken 4,197]

2 hours ago, SusieQQQ said:

Getting denied from passport agency is same thing imo. They have correspondence to show passport agency doesn’t accept proof that INA320 is met. If passport agency is authorized to accept proof to issue passport they are also authorized to deny. OP is losing time now waiting  for green card to come back. Paying $1170 and waiting months to get n600 denial hardly seems like a win.

 

 

Yes that's a possibility. The problem seems that the passport agency hasn't even provided the denial letter and not even sure if they will provide any of such kind. Yeah it could go into N400-N600 and back to N400 or if lucky toward N400 or N600 approval on the first try now that the person is over 18.

[SusieQQQ 11,587]

2 hours ago, arken said:

Yes that's a possibility. The problem seems that the passport agency hasn't even provided the denial letter and not even sure if they will provide any of such kind. Yeah it could go into N400-N600 and back to N400 or if lucky toward N400 or N600 approval on the first try now that the person is over 18.

That’s why the need the congressperson, to get it resolved and get the package back.

[To_the_moon 94]

On 5/25/2021 at 10:36 AM, Ontarkie said:

That is what I was thinking too. 

 

Here's a similar thread. N400 denied because they said he was already a USC. The OP never answered my question on how custody is handled in her home country. If she can find information from the home country that says she has custody (similar to like how all single/never married mothers get sole custody in the PI. She can use that to show she had sole custody). 

 

 

I didn't actually go through the whole application process for N400, I started filling out the online form when the message popped up on my screen saying that I could already be a citizen because I moved here when I was under 18. So I didn't submit the form and applied for a passport instead. It took me 6 months before I finally received my passport. I had the same problem with proof of legal custody since my home country doesn't have such documents. So I sent them multiple mails explaining that I can't provide a court order and showing them extracts from my home country's family code, where it says that the court order is only given when one parent sues another. I also had one conventional document, my mother's written consent that was used for immigration purposes, where she states that she allows me to live with my father in the U.S. I don't know if that played the role,  but I think explaining the family code was quite persuasive. 

 

I agree with you that with a little bit more effort the OP could gather information about her home country and the problem could be resolved. Anyway, if they can afford the naturalization process that could be a better option. I personally couldn't wait that long because my home country's passport was expiring and I couldn't renew it due to covid travel ban.

 

Also, I remember when they sent me the RFE and asked for a proof of legal custody, they said that if they do not receive it within 90 days then the application will be withdrawn. So, I'm not quite sure why the OP's documents are still being reviewed. Does the Passport Center website says it's still in process?

Edited May 27, 2021 by Husky_Rescue

[SusieQQQ 11,587]

7 hours ago, Husky_Rescue said:

I didn't actually go through the whole application process for N400, I started filling out the online form when the message popped up on my screen saying that I could already be a citizen because I moved here when I was under 18

My (aged out from automatically acquiring) daughter got this “warning” and even I did as an adult with a USC parent. It doesn’t mean in every case that the person is already a citizen, they are just getting you to check.