N-600 Approval

[Family 4,065]

3 minutes ago, Chancy said:

17 minutes ago, Timona said:

she's out, he's in US. So, how was she eligible? 

 

Where the daughter or her parent currently reside is irrelevant for N-600.  What matters is the documentation that the parent qualified to transmit citizenship at the time of the daughter's birth.  USCIS already determined that the documentation they submitted is enough to prove that the parent was indeed qualified, hence the daughter is a US citizen from birth.

 

Like @Timona I cannot see the whole picture ..but I believe in miracles.,will take an Approval  and run with it…cause often it’s a matter of miscommunication 

 
In this instance , OP said the US mother always lived in the US and daughter always lived in home country..?? 

[Chancy 6,243]

3 minutes ago, Timona said:

how's she gonna get inside US to go for that oath ceremony?

 

By getting a US passport, as has been repeatedly suggested already.  If she had enough supporting evidence to be approved for N-600, then she definitely has enough to get a passport.

 

[Chancy 6,243]

5 minutes ago, Family said:

OP said the US mother always lived in the US and daughter always lived in home country..??

 

I'm fairly certain that was an exaggeration.  Maybe the mother gave birth while on a visit abroad?  I doubt the mother could have given birth while being in a different country from the baby?  Unless this is another case of birth through surrogacy, like in that other thread 😆

 

As for passing citizenship to a child, only the parent's whereabouts prior to the birth matters.  Even if the parent leaves the child right after the birth, it doesn't affect their ability to transmit citizenship to the child at birth.

 

[Family 4,065]

If emergency passport falls through in time for oath, consulate has to give her a B1/B2 to attend …it’s law.  
And there is no way to waive oath of allegiance..nor will consulate administer it.
 

But I am remain intrigued if  proving custody  is an issue at all under what I assume is INA 320 ( she turned 18 after 2000) ..

Am giving myself a headache..😀

[Timona 4,208]

OP, kindly update us whatever happens. 

 

I'm always ready and willing to learn. 

[Chancy 6,243]

Just now, Family said:

But I am remain intrigued if  proving custody  is an issue at all under what I assume is INA 320 ( she turned 18 after 2000) ..

 

This could not have been a case of acquiring citizenship AFTER birth via INA 320.  This could only be a case of transmitting US citizenship AT birth, otherwise the N-600 would have been denied for someone who has never lived in the US.  For transmitting citizenship AT birth, parental custody is not directly relevant.  The relevant point is whether the child was born in or out of wedlock.  That point would determine how much US physical presence is required for the USC parent to qualify.

 

[Mike E 11,741]

Correct procedure would have been to apply for a U.S. passport at the U.S. embassy. IMO the embassy would have given the applicant the run around. I am not surprised the N-600 route was tried.

Once N-600 is denied, one cannot apply for it again so I would do everything humanly possible to make that appointment. 
 

*  Definitely try an emergency passport appoint with embassy.

 

* Canada, Mexico, and U.S. require visas for citizens of Antigua and Barbuda. I would apply for tourist visas at all 3.

 

If U.S. does not approve a tourist visa in time, maybe Canada or Mexico will. If so, show up at land border with all the USCIS N-600 notices in hand, and after long secondary be admitted to the U.S.

 

* While waiting for a visa or passport appointment, since no visa needed for  Bahamas, and I believe Turks and Caicos, Aruba, and Bermuda, and so each of those has U.S. CBP pre-clearance ports of entry, I would fly to one or more of each, and try to board a flight to U.S., again showing all USCIS notices to CBP at those countries. The challenge is getting the airline to issue a boarding pass.

 

* The closest living relatives in the U.S. needs to get their U.S. senators to help.

 

If you cannot make the N-600 appointment reschedule. 
 

 

 

 

 

 

 

Edited April 20, 2023 by Mike E

[Family 4,065]

Thank you @Chancy…it’s 309 C …brain fog cleared. Out of wedlock mother just needed to prove 1 year and zero custody issues. 

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

A person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if 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

[Timona 4,208]

Wait wait. So OP's cousin was born out of wedlock? How'd we reach here? 

[Imani 105]

13 hours ago, Chancy said:

*** Moved from Bringing Family of USC forum to Passports, etc sub-forum, where topics about N-600 are discussed ***

 

 

For N-600 applicants who acquired citizenship after birth (via INA 320), USCIS may require oath-taking for those who are over 14 years old.  Not sure if there is an oath-taking requirement for those who applied based on acquiring US citizenship at birth.  It's likely that the certificate of citizenship will just be mailed to your cousin's daughter.  In any case, I agree with the suggestions above for her to immediately apply for a US passport.

 

This is what I thought

[SteveInBostonI130 3,471]

17 hours ago, Timona said:

Wait wait. So OP's cousin was born out of wedlock? How'd we reach here? 

 

The OP's cousin's daughter.

 

It is an assumption based on OP stating that the cousin always lived in US and the daughter always lived in her country.  

[Paul Hanaki 72]

On 4/20/2023 at 11:15 AM, Chancy said:

]

BUT, if your cousin's daughter had asked here before going through the process, I would have recommended applying for US passport first BEFORE applying for N-600.  N-600 before passport was a risky approach.  Glad she was approved.  Unlike passport application, N-600 is a one-time deal.  If she had failed her N-600 attempt due to some missing document or some trivial reason, N-600 would never be available to her again.

 

That is extremely misleading. You can apply for the N-600 only once but if it is denied you can file motion to reopen or reconsider on Form I-290B it with new evidence. It is not a one and done thing. You can also file an appeal if within 30 days of denial. 

[Mike E 11,741]

5 minutes ago, Paul Hanaki said:

you can file motion to reopen or reconsider on Form I-290B it with new evidence

On what basis would OP re-open / re-consider the denied N-600?

[Paul Hanaki 72]

2 minutes ago, Mike E said:

On what basis would OP re-open / re-consider the denied N-600?

The OP would not have to do anything as the N600 was not denied. It was approved.

[Mike E 11,741]

16 minutes ago, Paul Hanaki said:

The OP would not have to do anything as the N600 was not denied. It was approved.

There is an interview. When OP misses the interview, what then?