REVOKED US PASSPORT OF MINOR CHILD

[AP786 1]

Summary of my child’s case:

 

* I got naturalized in August 2008.

* In September 2008 applied for my 1 year old child’s green card, got approval and immigrant visa stamped in May 2009 at US embassy in Abu Dhabi and was informed once he enters USA, automatically becomes US citizen and can apply for his US passport as me the father is US citizen.

* In June 2009 my child entered USA and he got his US passport issued in July 2009.

* Resided 4 months in USA then due to unforeseen circumstances had to move back to Dubai.

* Renewed child’s US passport every 5 years (2014 & 2019) at US consulate Dubai, never any questions were asked and the process was very smooth.

* In November 2023 applied for renewal of his passport (due to expire in March 12 2024), Officer at consulate directly questioned my son (16 year old minor) if he ever lived in USA, son replied he has always lived in Dubai, the officer gave me pink paper and told they need to review the application for renewal without informing what the reason was.

* Despite numerous weekly emails to consulate to follow-up on renewal, no response or reason of delay was given.

* On March 4th 2024, me and my son traveled to New York for a 4 days trip, to attend 3 different university tours he had applied for admission for his studies in NY for fall 2024 and also reapplied his US passport renewal at New York passport agency as the consulate in Dubai were not responding on the passport renewal.

* On March 6th, we went to collect his renewed passport but the NY passport agency told there already is a pending application from another office (Consulate in Dubai) they cannot renew the passport at the moment and need to wait on the decision.

* On March 7th 2024 received notice from State department that his US passport has been revoked due to not maintaining residency in USA and the previous passport given at the NY passport office will be destroyed.

 

Now my son is stuck in New York, without a passport
Urgently needs to travel to Dubai, attend his 12th grade final school exams in April 2024
If he does not appear for the exams will have to repeat the full year of 12th grade and also will not be able to join the university in New York.

 

The manager at NY passport office was very supportive and understanding, advised if we could get the citizenship certificate would issue the passport immediately, so now I have applied for the N-600k but this can take up to 12 months due to the long processing time and my son will turn 18 after 11 months, then not eligible.

 

I never knew there was any requirement of maintaining residency in USA after getting the passport back in year 2009, otherwise would have applied for the N-600k citizenship certificate during that time.

Me, my wife and all children are US citizens and currently reside in Dubai.

 

I already have visited two different attorneys, both charged me heavy consultation fees and at the end informed they have no experience in this kind of case.

 

Please can someone advise or recommend an immigration attorney who has experience or specializes in this kind of case, need to expedite the N-600k to urgent or if any other way to get his US passport issued immediately.

[Ontarkie 14,237]

Were both parents living or moved to the US when your son got his Visa issued? 

[AP786 1]

Yes both parents with the child had moved to California, had provided the consulate year 2009 documents of home lease, utility bills, vehicle registration/ insurance and work proofs

but we had to move back to Dubai after 4 months due to my work requirements

[Ontarkie 14,237]

That is so weird. Hopefully others will be of more help. 

[Boiler 45,585]

My reply on your other post

 

There is no requirement for a USC to maintain residency in the US.

 

On here I always recommend getting a Certificate of Citizenship as you have nothing otherwise.

 

These conditions must be met before you turn 18 years of age:
1. Your parent must be a U.S. citizen;
2. You must be the biological child of that U.S. citizen parent;
3. You must be lawfully admitted to the United States for lawful permanent residence; and
4. You must be living in the United States in the legal and physical custody of your U.S. citizen parent.

 

I assume this is the issue  if he ever lived in USA, son replied he has always lived in Dubai

[Boiler 45,585]

Ohh it has been a few years, quite a few years but there was a Lawyer on another Forum who I always thought of as solid who mentioned this lady as his maven on Citizenship matters.

 

https://mautinolaw.com/about/

[Family 4,015]

They are referencing the Policy Manual and have determined that 4 month stay does not establish child resided in the US. 

 

@jan22 occasionally checks and may add valuable info. 
 

Attorney with expertise in writing laws and suing the government is Margaret Stock…out of Alaska. 
 

My apologies…am unable to post any links..even though I go through the usual motions …brrr

 

Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

 

Commuters and Temporary Visits to the United States

Residence is more than a temporary presence or a visit to the United States. Therefore, temporary presences and visits are insufficient to establish residence for the purposes of transmitting citizenship. For example, someone who resides along the border in Mexico or Canada, but works each day in the United States, cannot use his or her workplace to establish a residence.

Vacations or brief stays in the United States do not qualify as residence in the United States. However, attendance at school, college, or university in the United States for an extended period of time may be considered as residence in the United States depending upon the totality of the circumstances.^[38]

 

 

[Boiler 45,585]

I have Margaret down as my Military maven.

 

[AP786 1]

Any idea the minimum period required to proof residency in this case 

[AP786 1]

7 hours ago, Boiler said:

My reply on your other post

 

There is no requirement for a USC to maintain residency in the US.

 

On here I always recommend getting a Certificate of Citizenship as you have nothing otherwise.

 

These conditions must be met before you turn 18 years of age:
1. Your parent must be a U.S. citizen;
2. You must be the biological child of that U.S. citizen parent;
3. You must be lawfully admitted to the United States for lawful permanent residence; and
4. You must be living in the United States in the legal and physical custody of your U.S. citizen parent.

 

I assume this is the issue  if he ever lived in USA, son replied he has always lived in Dubai

My child was 2 years old baby at that time, he didnt remember when lived there

 

and honestly we were not expecting any sort of questions on renewal nor did we know about this residency requirement after obtaining the passport

[Boiler 45,585]

In my mind the whole thing is stupid, I have not seen it come up where someone has a Certificate of Citizenship and not sure I understand why that would make a difference.

 

I am sure I have seen many cases where the child comes over on holiday to get their citizenship, lives with another parent outside the US and never has a problem and a few where they do.

 

I was just trying to suggest why the issue arose in this case, all I can think of, essentially it seems a matter of opinion, maybe there has been a memo that went around?

 

I suppose at least if you are in the US you can eventually take it to an IJ, however my focus would be talking to one of the 2 lawyers mentioned, I certainly have nothing against Margaret, just mentioned my recommended one in this area.

 

[AP786 1]

3 minutes ago, Boiler said:

In my mind the whole thing is stupid, I have not seen it come up where someone has a Certificate of Citizenship and not sure I understand why that would make a difference.

 

I am sure I have seen many cases where the child comes over on holiday to get their citizenship, lives with another parent outside the US and never has a problem and a few where they do.

 

I was just trying to suggest why the issue arose in this case, all I can think of, essentially it seems a matter of opinion, maybe there has been a memo that went around?

 

I suppose at least if you are in the US you can eventually take it to an IJ, however my focus would be talking to one of the 2 lawyers mentioned, I certainly have nothing against Margaret, just mentioned my recommended one in this area.

 

Sorry I don’t understand, what is IJ ?

[Redro 4,611]

9 hours ago, AP786 said:

Yes both parents with the child had moved to California, had provided the consulate year 2009 documents of home lease, utility bills, vehicle registration/ insurance and work proofs

but we had to move back to Dubai after 4 months due to my work requirements

Were you working for the US government in Dubai or another entity with significant ties to the U.S.? I would definitely consult with a lawyer. You might be able to fight their definition of residency in the US…

Does you son not have any other citizenship can he not obtain an emergency passport allowing him to return to school so he can write his exams? 

[Boiler 45,585]

10 minutes ago, AP786 said:

Sorry I don’t understand, what is IJ ?

Immigration judge

[Demise 1,294]

4 hours ago, Boiler said:

Immigration judge

Immigration judges have no jurisdiction in matters of citizenship. Even when you get sworn in as a citizen that's before an Article III court. If you try to naturalize or claim derived citizenship as a defense to removal the judge can only postpone until USCIS or DOS resolves the matter. If you naturalized by fraud then it's an article III court that has to void your naturalization before an immigration judge can order you removed.

 

Likely what she'd have to do is either file N-600 to get USCIS to issue a certificate of citizenship, or try with the NY passport office to fight the decision like yeah kid was here when he was 1, he wouldn't remember and answered incorrectly, but originally moved to establish residency until unforeseen circumstances forced them to move back.

Last option is to sue the state department in federal court.

Edited April 12 by Demise