Family member

[aaron2020 11,651]

Just now, Tizz said:

I did filed n400

Then, you lied on your N-400 when you were an adult.  

[Tizz 1]

7 minutes ago, aaron2020 said:

Then, you lied on your N-400 when you were an adult.  

Okay I think maybe I'm understanding or you didn't get my point. I was 17 year old when my father applied n400 for me. I became citizen before my father did.  

[aaron2020 11,651]

6 minutes ago, Tizz said:

Okay I think maybe I'm understanding or you didn't get my point. I was 17 year old when my father applied n400 for me. I became citizen before my father did.  

No, I understand perfectly.  You are the one that is not understanding things.

 

Your LPR father filed for his wife.  Her derivatives are allowed to immigrate with her.  Instead of filing a separate I-130 to petition you, he lied and had you listed as your stepmother's biological child so you could be her derivative.

 

An 17 years old can not file an N-400.  You have to be 18 years old to naturalize.  You went to the interview.  You swore to the US Government that everything in your application was the truth.  You were an adult when you naturalized.  (You becoming a citizen before your father has nothing to do with this.)

Edited February 12, 2022 by aaron2020

[Tizz 1]

10 minutes ago, aaron2020 said:

No, I understand perfectly.  You are the one that is not understanding things.

 

Your LPR father filed for his wife.  Her derivatives are allowed to immigrate with her.  Instead of filing a separate I-130 to petition you, he lied and had you listed as your stepmother's biological child so you could be her derivative.

 

An 17 years old can not file an N-400.  You have to be 18 years old to naturalize.  You went to the interview.  You swore to the US Government that everything in your application was the truth.  You were an adult when you naturalized.  (You becoming a citizen before your father has nothing to do with this.)

Everything happened when I was a minor and that's the point. I did got my citizen at 17 thats a fact. All the application was done by my father. I mean I wouldn't want another lady to be my mother. Either way thank you for all the answers you gave I appreciated it.

[aaron2020 11,651]

1 minute ago, Tizz said:

Everything happened when I was a minor and that's the point. I did got my citizen at 17 thats a fact. All the application was done by my father. I mean I wouldn't want another lady to be my mother. Either way thank you for all the answers you gave I appreciated it.

A 17 years old can not file an N-400.  A 17 years old can not naturalize.  It's impossible unless you were active military at 17.  This is factual.  
 

[Allaboutwaiting 2,503]

22 minutes ago, Tizz said:

Everything happened when I was a minor and that's the point. I did got my citizen at 17 thats a fact. All the application was done by my father. I mean I wouldn't want another lady to be my mother. Either way thank you for all the answers you gave I appreciated it.

However it happened you need to fix that birth certificate ASAP.

Don't file for your mother before you do so. 

[Tizz 1]

5 minutes ago, Allaboutwaiting said:

However it happened you need to fix that birth certificate ASAP.

Don't file for your mother before you do so. 

Thank you so much for all the responses you guys provided. 

[African Zealot 1,455]

The sad thing about this case is the people accused the poster of lying before all the facts came out and even as at now because he was on the defensive we don’t have all the facts.

 

For example he says he filed N400 and got citizenship as a minor. That’s incorrect because minors don’t file N400. He must be mistaken or something.

 

VJ members should pump the brakes a little and get all the facts before jumping on accusing people as liars. 
 

@Tizz can you clarify if you filed N400? Because if you did it means you were no longer a minor and any untruths on your N400 cannot be excused by “I was a minor”. 
 

Did you file N400 or did you acquire citizenship automatically without N400? It’s very important in your case in determining IF you can go ahead and file for your mother without your own citizenship being jeopardized.

[Tizz 1]

6 minutes ago, African Zealot said:

The sad thing about this case is the people accused the poster of lying before all the facts came out and even as at now because he was on the defensive we don’t have all the facts.

 

For example he says he filed N400 and got citizenship as a minor. That’s incorrect because minors don’t file N400. He must be mistaken or something.

 

VJ members should pump the brakes a little and get all the facts before jumping on accusing people as liars. 
 

@Tizz can you clarify if you filed N400? Because if you did it means you were no longer a minor and any untruths on your N400 cannot be excused by “I was a minor”. 
 

Did you file N400 or did you acquire citizenship automatically without N400? It’s very important in your case in determining IF you can go ahead and file for your mother without your own citizenship being jeopardized.

Hi, thank you for the that I really appreciate it. 

And yes I did file n400 to get my citizenship. That's how I got my citizenship. My father filed it for me and that was 2011 and I was 17 years at that time. But anyway it was done through n400. 

[Allaboutwaiting 2,503]

34 minutes ago, Tizz said:

Hi, thank you for the that I really appreciate it. 

And yes I did file n400 to get my citizenship. That's how I got my citizenship. My father filed it for me and that was 2011 and I was 17 years at that time. But anyway it was done through n400. 

As mentioned by another member, as a minor you cannot apply for naturalization.

You either obtain it through a US citizen parent before 18 or wait until you are 18 to file.

 

So maybe you are not sure about the dates when things happened or your father filled the form stating you were 18.

 

You don't need to explain things in detail here in the forum -though it would be useful so members can help- but you MUST get accurate information about your own case and fix any possible issue you can find before moving forward.

[African Zealot 1,455]

1 hour ago, Tizz said:

My father filed it for me and that was 2011 and I was 17 years at that time.

But at the time you were approved you must have been over 18 which means you were an adult and hence responsible for the statements on your form. Go back and check the dates of your approval and date on your naturalization certificate versus your birthdate. It’s very important and material to this issue of minor vs adult.

 

My advise is consult a competent attorney because the issue can open up a whole can of worms for your father in particular and maybe you.

 

All the best.

[Tizz 1]

32 minutes ago, African Zealot said:

But at the time you were approved you must have been over 18 which means you were an adult and hence responsible for the statements on your form. Go back and check the dates of your approval and date on your naturalization certificate versus your birthdate. It’s very important and material to this issue of minor vs adult.

 

My advise is consult a competent attorney because the issue can open up a whole can of worms for your father in particular and maybe you.

 

All the best.

Thanks everyone.

[SteveInBostonI130 3,449]

11 hours ago, Tizz said:

Sir you didn't understand my point. All this happened when I was 13 years old. All of my documents gave her as my mother. I didn't lie I was a kid. Now on my n400 I put her because all the documents have her on it. 

 

Lastly I don't understand your question about the beneficiary. All I know is that her name is on my documents. 

 

I really don't know about this situation that's why seeking answers. 

Hi,

 

Just to clear thing up a bit, I am going to make some assumptions.  

1. Your biological father was an LPR when he filed for his wife (your stepmom) and her children. 
2. He completed a registry information for your BC to list him and your stepmom as your biological parents.
3. You immigrated to the US when you were 13.
4. When you were 17 your dad became a USC?
5. You filed a N400 at age 18 or older, listing your stepmom as your mother.

Is the above correct?  Assuming it is:

 

A.  You knew who your biological mother was all that time.

B.  Having a BC with the wrong mother is not your fault - you were a child and the fault is on your father.

C.  You listing your stepmom on the N400 was your fault, because you knew who your mother was and yet listed your stepmom "because other documents stated it".  The correct method was to have those other documents corrected with the right information.

D.  You attended the N400 interview and did not correct the misinformation about your mother/stepmom to the CO.

 

Also, just to be absolutely sure, did you file the N400 or did your dad file the N600 for you?

 

At this point, you should consult an immigration lawyer if you want to try to petition your mother.  Bring all the immigration documents you have to the lawyer and let him/her guide you.

 

In general, this is a cautionary tale for anyone.  Trying to circumvent normal processes leads to trouble, either immediately or down the road.  In this case, the father's "shortcut" is causing problems for the son.

[dnyal 32]

I think some respondents might be complicating the issue too much. OP said that they were “registered.” I’m originally from Colombia, a country where there’s an agency called the National Registry. When you’re born at a hospital or clinic, the doctor who assisted your birth gives your mother what would be the actual birth certificate. It only lists your mother, not your father, since it is a medical document filled out by the doctor. They can only be sure who your mother is, so, medically, they can only list your mother; the doctor cannot assume who your father is because there isn’t medical evidence to attest to that. The parents then take the baby and the birth certificate to a National Registry office. There, the baby is issued a “civil registry of birth,” in which they list your mother as it is on your birth certificate. Your father can be ANYONE who shows up with the mother at that moment to claim you as his child. The civil registry is the legal document that gives you legal life under the law.

 

Although I’m talking specifically about Colombia, this legal procedure is common across many countries in Latin America and elsewhere. The problem arises because your civil registry is not quite the same as an American birth certificate, but it is used as an equivalent during your immigration process. And that’s the key word here: they’re equivalent, but your civil registry is NOT the same as an American birth certificate. Civil registries can be easily and legally modified after birth, while that’s hard to do for an American birth certificate. I’ve heard of lots of cases when someone’s biological father or mother showed up years later, and they go along with their now adult child to amend their civil registry; no adoption or court procedures are necessary. In rural areas, where some people use midwives instead of going to the hospital to give birth, you can register your child simply by showing up to the registry office with two witnesses; no doctor’s birth certificate necessary, either. You can also use a baptismal certificate, which was much more common decades ago, when baptizing children was a much more important thing (in the Catholic tradition) than taking them to the registry office. Frankly, I was registered at age 5, after my father’s death. My mother used my baptismal certificate (I was baptized when I turned 1) with my father’s name on it. It was all completely legal, and I explained so when I went to the U.S. embassy in Bogota for my K visa. I had no issue whatsoever. Now, imagine trying to get a birth certificate here in America for a 5-year-old whose father died, but you still want the father listed on the birth certificate.

 

With all this context explained, it doesn’t have to be the case that the OP’s father LIED and got a fraudulent “birth certificate.” He probably had his kids registered when they were already grown children, and both the father and the step mother both claimed to be OP’s parents. Legally, they ARE the OP’s parents, so OP didn’t necessarily LIE when they filed for naturalization; they  had to list their mother as it was on their registry. Their “birth certificate” (probably just a civil registry) could be amended in their home country to register the biological mother. This is the result of different legal systems and customs, not necessarily of malice. However, USCIS and the U.S. government have no obligation to abide or understand the intricacies of foreign governments. So, I suggest the OP to get an immigration lawyer with experience in this sort of cases. They’ll have to tread carefully and fully explain the situation to USCIS in order to have a chance of success.

Edited February 12, 2022 by dnyal

[shefellfromheaven 18]

13 hours ago, aaron2020 said:

I asked if you filed an N-400 for US citizenship.  You should have said no.

 

You got derivative citizenship as a child.  You never filed an N-400.

Fix your birth certificate.  File for your mother.  Have a REALLY GOOD REASON as to why your birth is a late registration.  Prepare for a DNA test.  I suggest that you seek a US immigration lawyer to help you.  

+1

 

— 

Très compliqué