Child citizenship retroactively challenged - rare situation. Guidance appreciated

[zonga85 3]

Hello everyone. Long time lurker, first time poster here. 
 

Facing a really unique situation and any guidance will be deeply appreciated. Will post as concisely as possible, and happy to give any details

 

 

* son born august 2018 outside of the US. Got I-551 stamped onto passport on first visit back in October 2018. Green card arrived later on

* wife and I got naturalized a few months later in April 2019

* we got our passports from passport office the same day we got naturalized

* same day, we asked for a passport for our son, given his qualification for automatic citizenship (LPR, living with us in the US)

* we had to leave the country a few days after getting the passports, as we had to attend to a family emergency. In fact, prior to naturalization we’ve been traveling back and forth to take care of a parent (who then passed away 1.5 year later). In the meanwhile (i.e., until the parent passed away) we had to take care of him full time, so were not able to go back to the US for quite some time.

* when we wanted to renew our son’s daughter a few weeks ago, we were challenged by our intent and whether we were actually living in the us, because we travelled a few days after getting the passports. 
 

now we’re having to go through submitting evidence again that we were living in the US at the time etc. I’m quite surprised as 1) the passport office officer who issued the passport to my son many years ago were all aware of this situation and were convinced AND 2) I thought once my son’s citizenship was established, that wouldn’t be up for discussion again?

 

my questions:

- can they actually go back and look at the circumstances again, particularly given the establishment of citizenship

- what sort of evidence would help make the case again (if I have to)? Last few months in the US, we were staying at a friend’s place, as flying back and forth to take care of the parent was super costly and we didn’t have a separate lease. We have a written statement from the owners of the place that we were residing there. Our kid’s green card was also sent to our friends’ address. 
- in the case that her passport renewal application is denied, what options would we have to get her citizenship back? Is N600K an option, as he was born after we were naturalized?

Appreciate your support!!!

[Boiler 45,445]

If a mistake has been made then iot can be corrected.

 

The question is if the child was actually resident in the US?

Edited December 25, 2023 by Boiler

[zonga85 3]

Our son came to the US 2 months before we got naturalized and started living in the US. At the time of naturalizing he’s been living in the US with us for that long - i.e., He was roughly 6 months old, last 2 of which were entirely in the US with the intention to obviously continue, if the family emergency didn’t happen.

[Boiler 45,445]

Certificate of Citizenship would be the best and obvious route, a Lawyer may be advisable in this situation.

 

I have seen people who wanted to naturalise normally who came and left soon after and USCIS took the view that the time needed to apply started when the fully moved not the initial entry date.

[R&OC 371]

I don’t see on which basis they could

deny her citizenship.  Please

update us of the development.

[manyfudge 285]

N600k is not appropriate.

 

Where do you live now?

 

 

[zonga85 3]

5 hours ago, R&OC said:

I don’t see on which basis they could

deny her citizenship.  Please

update us of the development.

Thabks for your comment. Will definitely do so.

[zonga85 3]

3 hours ago, manyfudge said:

N600k is not appropriate.

 

Where do you live now?

 

 

Outside of the US. We had to take care of the parent for quite some time (~1.5 - 2 years until she passed away) as I mentioned. That meant me having to start a new career abroad once we knew that we wouldn’t be able to go back for a meaningful time, while my wife taking care of the parent

 

i thought that n600k would be the most appropriate route in the alternative scenario. No?

[R&OC 371]

4 hours ago, zonga85 said:

Outside of the US. We had to take care of the parent for quite some time (~1.5 - 2 years until she passed away) as I mentioned. That meant me having to start a new career abroad once we knew that we wouldn’t be able to go back for a meaningful time, while my wife taking care of the parent

 

i thought that n600k would be the most appropriate route in the alternative scenario. No?

I believe the n-600 route is the one to pursue.

[manyfudge 285]

10 hours ago, zonga85 said:

would be the

You already have a U.S. passport for the kid.

 

When are you moving back?

[R&OC 371]

I am not understanding why State Department needs more evidence again? Did you communicate with USCIS? Or actually State Department/ Passport Office?

[zonga85 3]

On 12/26/2023 at 3:38 PM, manyfudge said:

You already have a U.S. passport for the kid.

 

When are you moving back?

Unfortunately we may not be able to move back soon. However we definitely do have the intent to go back within 1-2 years.

 

Before giving us this answer, they first cancelled the kid’s passport (punched holes). Not because of the stated issue above, but before having the interview, they ask whether “we’d need the passport soon as it would have to be cancelled for the new passport to be issued”. We said no, and they cancelled it, only to say later on “we need more evidende”. 

 

at least we got the cancelled passport back, which serves as some sort of evidence, I hope(!). Obviously my son can’t travel w that now.

6 hours ago, R&OC said:

I am not understanding why State Department needs more evidence again? Did you communicate with USCIS? Or actually State Department/ Passport Office?

Yes we went for a renewal of my son’s passport. That’s why.

[manyfudge 285]

@zonga85, then I would try N600k.

[zonga85 3]

Thank you all.

 

Can someone please confirm that INA 322 does not require that the parent be a US citizen at the time of the birth of the child? i.e., as we naturalized after our son was born, he could still qualify, provided that other conditions are met?

 

 

[R&OC 371]

On 12/28/2023 at 8:47 PM, zonga85 said:

Thank you all.

 

Can someone please confirm that INA 322 does not require that the parent be a US citizen at the time of the birth of the child? i.e., as we naturalized after our son was born, he could still qualify, provided that other conditions are met?

 

 

We are currently traveling but I will respond in more detail later. So the Consulate/Embassy refused /asked for more evidence?