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Filed: Other Country: China
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Posted
3 hours ago, Osee said:

I have no idea where the certificate is. Never seen it in decades. Is it a must to fill out that part of the i130 and if so what should be done now?

Enter all zeros, then use your passport copy as evidence of US Citizenship.  No worries.

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Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Posted (edited)

I strongly suggest getting one. You may be asked to present it by USCIS at other stages of your beneficiary's immigration process.

 

It's also not uncommon to get asked for it when renewing US passport or getting benefits from SSA.

 

Obtaining it takes time, the last thing you want is to be turned away in the future for not having it.

 

It's a vital document, just like Birth Certificate.

Edited by OldUser
Filed: Other Country: China
Timeline
Posted
6 hours ago, OldUser said:

I strongly suggest getting one. You may be asked to present it by USCIS at other stages of your beneficiary's immigration process.

 

It's also not uncommon to get asked for it when renewing US passport or getting benefits from SSA.

 

Obtaining it takes time, the last thing you want is to be turned away in the future for not having it.

 

It's a vital document, just like Birth Certificate.

Not a bad idea, but not a requirement for filing the I-130.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Country: China
Timeline
Posted
1 minute ago, OldUser said:

I thought USCIS can ask for the certificate during the process on their discretion?

Not sure why you would think that.  I suppose anything is possible, but the US Citizenship is already established with a copy of the passport.  USCIS knows they issued a Naturalization certificate to that passport holder, when, where, and the number.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted (edited)
9 hours ago, OldUser said:

I strongly suggest getting one. You may be asked to present it by USCIS at other stages of your beneficiary's immigration process.

 

It's also not uncommon to get asked for it when renewing US passport or getting benefits from SSA.

 

Obtaining it takes time, the last thing you want is to be turned away in the future for not having it.

 

It's a vital document, just like Birth Certificate.

A valid US passport is absolute proof of citizenship.
 

If one has it there is no need for a citizenship certificate because the Department of State has determined that the individual in question is a U.S. citizen.

 

That’s why adults without CRBA can apply for a passport and bypass USCIS entirely.

 

There was talk ages ago of moving passport issuance to USCIS, but because of their poor reputation within the confines of DC that never happened because getting citizenship determination and passport issuance right was too important.

 

Short of it is: a valid passport is all that is needed to prove citizenship to the U.S. government. That includes for immigration purposes.

Edited by SansTortoise
Posted (edited)
7 minutes ago, SansTortoise said:

A valid US passport is absolute proof of citizenship.
 

If one has it there is no need for a citizenship certificate because the Department of State has determined that the individual in question is a U.S. citizen.

 

That’s why adults without CRBA can apply for a passport and bypass USCIS entirely.

 

There was talk ages ago of moving passport issuance to USCIS, but because of their poor reputation within the confines of DC that never happened because getting citizenship determination and passport issuance right was too important.

 

Short of it is: a valid passport is all that is needed to prove citizenship to the U.S. government. That includes for immigration purposes.

I think you explained this in great detail. I-130 is reviewed by USCIS, but passport is issued by DOS.

 

If you search the web, you'll see examples when USCIS requested other proof of US citizenship than US passport. It's rare but it happens. Not saying it will be needed in OPs case for sure.

Edited by OldUser
Posted
25 minutes ago, OldUser said:

I think you explained this in great detail. I-130 is reviewed by USCIS, but passport is issued by DOS.

 

If you search the web, you'll see examples when USCIS requested other proof of US citizenship than US passport. It's rare but it happens. Not saying it will be needed in OPs case for sure.

Not that government agencies not following the law as written doesn’t occur, but if those internet stories are real, USCIS would be directly violating the U.S. Code:  22 USC 2705 makes a passport equivalent to a naturalization certificate or citizenship certificate.

 

I get that people want to play it safe, but the short answer to OP’s question is that the law is clear that a valid U.S. passport is legally equivalent to a citizenship certificate or naturalization. My overall view is that when the law is clear that something that somebody already has is sufficient, we shouldn’t be telling them to spend more money in an already expensive process on the off chance USCIS decides to not follow the law.

Filed: Other Country: China
Timeline
Posted
39 minutes ago, SansTortoise said:

Not that government agencies not following the law as written doesn’t occur, but if those internet stories are real, USCIS would be directly violating the U.S. Code:  22 USC 2705 makes a passport equivalent to a naturalization certificate or citizenship certificate.

 

I get that people want to play it safe, but the short answer to OP’s question is that the law is clear that a valid U.S. passport is legally equivalent to a citizenship certificate or naturalization. My overall view is that when the law is clear that something that somebody already has is sufficient, we shouldn’t be telling them to spend more money in an already expensive process on the off chance USCIS decides to not follow the law.

I agree.  The only situation I can think of where USCIS would be justified in asking for a Naturalization Certificate (when a US passport is in hand) is if they have actual reason to believe the passport is a forgery.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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