Child citizenship retroactively challenged - rare situation. Guidance appreciated

[Boiler 45,445]

On 12/28/2023 at 12:47 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?

 

 

Lots of people do this, someone I know her husband will file for his daughter when ha naturalises, she will pop over get her US Passport and then go home.

[zonga85 3]

10 minutes ago, Boiler said:

Lots of people do this, someone I know her husband will file for his daughter when ha naturalises, she will pop over get her US Passport and then go home.

To be clear, lots of people do what?

[zonga85 3]

1 hour ago, R&OC said:

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

thank you so much for your attention.

 

Yes they did ask for more evidence, which now I’m gathering. I have a strong case, however still not ruling out an alternate path if I absolutely have to.

[Boiler 45,445]

Naturalise their children

[zonga85 3]

9 minutes ago, Boiler said:

Naturalise their children

through INA322?

[Boiler 45,445]

3 hours ago, zonga85 said:

through INA322?

Sadly I am not as familiar with the INA clauses as I should be 

[R&OC 371]

On 12/30/2023 at 9:28 PM, Boiler said:

Naturalise their children

The child(ren) are already US citizens. So the naturalization already took place when their parents became US citizens. What they would need is a certificate of citizenship (n-600).

[zonga85 3]

On 1/5/2024 at 1:39 AM, R&OC said:

The child(ren) are already US citizens. So the naturalization already took place when their parents became US citizens. What they would need is a certificate of citizenship (n-600).

n600 is for individuals residing in the US, correct?

[zonga85 3]

Quick update on my end

 

the consulate had questions which I responded to, explaining the situation.

 

they said it’s a complex case and needed advice from state dept in the US

 

waiting for a response at this point.

[OldUser 6,608]

1 hour ago, zonga85 said:

Quick update on my end

 

the consulate had questions which I responded to, explaining the situation.

 

they said it’s a complex case and needed advice from state dept in the US

 

waiting for a response at this point.

I doubt the consulate has any interest doing the legwork for you. If I was in your shoes, I'd hire a good immigration lawyer to do the research and prove the child is indeed a US citizen. Then file N-600K (if child resides outside of the US) with sufficient proof.

Edited January 14 by OldUser

[zonga85 3]

There's no work to be done. Child already had a US passport that was about to expire, but got punched through in the consulate as we were there to renew it. I responded to the questions consulate asked for them to understand if they could issue a new passport.

 

Now the consulate needs to either 1) renew the passport or 2) say they believe she might not have qualified for the citizenship at the first place (which is when we need to file the n600k)

[OldUser 6,608]

14 minutes ago, zonga85 said:

There's no work to be done. Child already had a US passport that was about to expire, but got punched through in the consulate as we were there to renew it. I responded to the questions consulate asked for them to understand if they could issue a new passport.

 

Now the consulate needs to either 1) renew the passport or 2) say they believe she might not have qualified for the citizenship at the first place (which is when we need to file the n600k)

A US passport is not always a proof of US citizenship. I know it sounds ridiculous, but sometimes it's given out in error. There was a recent case about a guy who had a US passport for most of his life but turned out to be not a US citizen.

 

The consulate officials may slow walk this inquiry and hope that you'll give up. They may not want to take responsibility making a decision in a difficult case.

 

I hope you don't waste time dealing with them, then involving congress person and ending up going to a lawyer who can take that responsibility proving your child is a citizen by providing evidence and citing INA.

 

Either way, let us know how it goes.

 

 

[zonga85 3]

58 minutes ago, OldUser said:

A US passport is not always a proof of US citizenship. I know it sounds ridiculous, but sometimes it's given out in error. There was a recent case about a guy who had a US passport for most of his life but turned out to be not a US citizen.

 

The consulate officials may slow walk this inquiry and hope that you'll give up. They may not want to take responsibility making a decision in a difficult case.

 

I hope you don't waste time dealing with them, then involving congress person and ending up going to a lawyer who can take that responsibility proving your child is a citizen by providing evidence and citing INA.

 

Either way, let us know how it goes.

 

 

 

Really appreciate the guidance. I'll wait for 1 more week to follow up w/ the consulate and we'll see.

 

An immigration lawyer already engaged, and suggested waiting for a response from the consulate first. The challenge is, what if USCIS also rejects the N600K purely based on the fact that she's already a US citizen as she was issued a passport (this is a q asked as part of the N600K application). Then she's in "limbo". Hence we thought maybe at least the consulate says "they're not able to renew the passport", then we could use that to go the USCIS route.

 

In terms of engaging the congressman route. how would you recommend that we go about it, given that we're living outside of the US?

[OldUser 6,608]

3 hours ago, zonga85 said:

 

Really appreciate the guidance. I'll wait for 1 more week to follow up w/ the consulate and we'll see.

 

An immigration lawyer already engaged, and suggested waiting for a response from the consulate first. The challenge is, what if USCIS also rejects the N600K purely based on the fact that she's already a US citizen as she was issued a passport (this is a q asked as part of the N600K application). Then she's in "limbo". Hence we thought maybe at least the consulate says "they're not able to renew the passport", then we could use that to go the USCIS route.

Sounds like a logical plan, good luck! I hope it works out. 

Edited January 14 by OldUser

[zonga85 3]

Anyone here have a recommendation for a lawyer who might be experienced in a tricky case like mine? I'd like to get a second opinion.