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AP786

REVOKED US PASSPORT OF MINOR CHILD

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6 hours ago, Boiler said:

I certainly have nothing against Margaret, just mentioned my recommended one in this area.

Margaret Stock is of course Champion of All Things Military 😂..Naturalization Law is her focused specialty plus she sues the government left and right. …and wins.
 

She even managed to get a court order for USCIS to pay the $13K attorneys fees for a delayed natz WOM..

 


Case PULATOV v US ( casetext.com) …am still not able to copy and paste links, so apologies 

 

In sum, the Court concludes that Pulatov is entitled to an award of attorney's fees and costs under the EAJA, and therefore his motion for attorney's fees is granted.

6 hours ago, Boiler said:

I certainly have nothing against Margaret, just mentioned my recommended one in this area.

Margaret Stock is of course Champion of All Things Military 😂..Naturalization Law is her focused specialty plus she sues the government left and right. …and wins.
 

She even managed to get a court order for USCIS to pay the $13K attorneys fees for a delayed natz WOM..

 


Case PULATOV v US ( casetext.com) …am still not able to copy and paste links, so apologies 

 

In sum, the Court concludes that Pulatov is entitled to an award of attorney's fees and costs under the EAJA, and therefore his motion for attorney's fees is granted.

6 hours ago, Boiler said:

I certainly have nothing against Margaret, just mentioned my recommended one in this area.

Margaret Stock is of course Champion of All Things Military 😂..Naturalization Law is her focused specialty plus she sues the government left and right. …and wins.
 

She even managed to get a court order for USCIS to pay the $13K attorneys fees for a delayed natz WOM..

 


Case PULATOV v US ( casetext.com) …am still not able to copy and paste links, so apologies 

 

In sum, the Court concludes that Pulatov is entitled to an award of attorney's fees and costs under the EAJA, and therefore his motion for attorney's fees is granted.

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51 minutes ago, Family said:

Margaret Stock is of course Champion of All Things Military 😂..Naturalization Law is her focused specialty plus she sues the government left and right. …and wins.
 

She even managed to get a court order for USCIS to pay the $13K attorneys fees for a delayed natz WOM..

 


Case PULATOV v US ( casetext.com) …am still not able to copy and paste links, so apologies 

 

In sum, the Court concludes that Pulatov is entitled to an award of attorney's fees and costs under the EAJA, and therefore his motion for attorney's fees is granted.

Margaret Stock is of course Champion of All Things Military 😂..Naturalization Law is her focused specialty plus she sues the government left and right. …and wins.
 

She even managed to get a court order for USCIS to pay the $13K attorneys fees for a delayed natz WOM..

 


Case PULATOV v US ( casetext.com) …am still not able to copy and paste links, so apologies 

 

In sum, the Court concludes that Pulatov is entitled to an award of attorney's fees and costs under the EAJA, and therefore his motion for attorney's fees is granted.

Margaret Stock is of course Champion of All Things Military 😂..Naturalization Law is her focused specialty plus she sues the government left and right. …and wins.
 

She even managed to get a court order for USCIS to pay the $13K attorneys fees for a delayed natz WOM..

 


Case PULATOV v US ( casetext.com) …am still not able to copy and paste links, so apologies 

 

In sum, the Court concludes that Pulatov is entitled to an award of attorney's fees and costs under the EAJA, and therefore his motion for attorney's fees is granted.

Here is proper link to the case . In Short she won a WOM then motioned for attorney fees . Government fought back but hats off to Margaret Stock for a big win. 
 

..apparently I can link from iPhone so I must have boomer-ed my iPad  😂


https://casetext.com/case/pulatov-v-us-citizenship-immigration-servs

Plaintiff's motion for attorney's fees [19] is granted. Defendants shall pay Plaintiff $13,370.13 in attorney's fees and costs by April 30, 2021. See the accompanying Statement for details.

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8 hours 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.

 

 

Opinion only / my speculation

 

I agree this is silly. I think DOS is proactively trying to cut the US citizens who:

 

-  Do not live / never lived in the US for extended periods of time AND / OR

- Do not pay taxes from overseas

 

I can see how these people maybe perceived as "unnecessary burden" (sorry about the term used) by the government. Passport fees don't cover the cost of replacing their passports, providing consular support in various matters. Also, some of them may petition other people who'd live very small portion of their lives in the US and use US passport as a fancy travel document only e.g. cost US more $$$.

 

I know there are requirements to be able to sponsor somebody (domicile) or transfer citizenship (living in the US 5+ years for CRBA etc).

 

It's just pragmatic move by US to reduce the cost of such citizens. I do not agree with this approach, just stating my thoughts around it.

 

Plus don't forget the security aspect of it all. If somebody never lived in the US, can they be a security threat? E.g. hired by foreign intelligence and come into the US freely as a citizen, since no need to go through process of obtaining visas etc.

 

I'm sorry OP is caught in all of this.

I hope this gets resolved soon for their kid. By no any means I blame OP, I think it's a somewhat rare and unfortunate situation. It's a reminder to always get certificate of citizenship.

 

Disclaimer: All of the comments above is just my personal opinion, unsupported by any official documentation and may be utterly incorrect.

 

 

Edited by OldUser
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Filed: IR-1/CR-1 Visa Country: Germany
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This is interesting because I have seen 3+ cases on this and the other big immigration forum raising this issue. You are not the only family who is going through this right now. The N-600 would be the correct form to apply for. Do not use CA if possible as wait times are ridiculously long. We waited over two years for my children‘s N-600 and they have a similar case. 

 

I am surprised State Department revoked the US passport. The day of receiving the citizenship NOT your continued residence matters.

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36 minutes ago, R&OC said:

I am surprised State Department revoked the US passport. The day of receiving the citizenship NOT your continued residence matters.

I guess they're trying to revoke it on a basis it was issued "in mistake" making OP reprove everything, which is more and more difficult as time passes. N-600 is always worth its filing fee IMHO.

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Filed: IR-1/CR-1 Visa Country: Germany
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58 minutes ago, OldUser said:

I guess they're trying to revoke it on a basis it was issued "in mistake" making OP reprove everything, which is more and more difficult as time passes. N-600 is always worth its filing fee IMHO.

Given the number of cases I recently heard about, I have a feeling State Department may have a memo out to scrutinize these cases more thoroughly.

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Filed: IR-1/CR-1 Visa Country: Germany
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If I were you, I would retain an attorney and immediately peruse the legal route.

1.) file the N-600 as soon as possible

2.) challenge State Departments decision by providing the necessary documentation.

 

Given you have more children (younger than your son?) you may want to ensure this is getting resolved as soon as possible.

 

I do not believe this can be fixed anytime soon.

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On 4/12/2024 at 4:23 PM, Redro said:

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? 

I worked for a US corporation with factory in Dubai, they moved me to Dubai

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On 4/13/2024 at 2:36 AM, R&OC said:

If I were you, I would retain an attorney and immediately peruse the legal route.

1.) file the N-600 as soon as possible

2.) challenge State Departments decision by providing the necessary documentation.

 

Given you have more children (younger than your son?) you may want to ensure this is getting resolved as soon as possible.

 

I do not believe this can be fixed anytime soon.

I have already filed the N-600k, but the processing time seems to be over 9 months, need to expedite this process to urgent to save my child from repeating full year of grade 12.

Other children were born after both parents were naturalized and have the Consular Report of Birth Abroad (CRBA) certificate, dont think they need the citizenship certificate

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31 minutes ago, AP786 said:

I worked for a US corporation with factory in Dubai, they moved me to Dubai

That’s an angle you could take to show you never gave up US residency…and your should get his passport ASAP

im thinking about the rules applied to US military spouses and overseas workers who qualify for expedited citizenship…

im talking about this:

 

https://www.state.gov/global-community-liaison-office/naturalization-of-foreign-born-spouses/guidelines-for-expeditious-naturalization/
 

@Family do you think my idea has any merit? 

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46 minutes ago, Redro said:

That’s an angle you could take to show you never gave up US residency…and your should get his passport ASAP

im thinking about the rules applied to US military spouses and overseas workers who qualify for expedited citizenship…

im talking about this:

 

https://www.state.gov/global-community-liaison-office/naturalization-of-foreign-born-spouses/guidelines-for-expeditious-naturalization/
 

@Family do you think my idea has any merit? 

Super creative…but no. 

 

 

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Filed: IR-1/CR-1 Visa Country: Germany
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6 hours ago, AP786 said:

I have already filed the N-600k, but the processing time seems to be over 9 months, need to expedite this process to urgent to save my child from repeating full year of grade 12.

Other children were born after both parents were naturalized and have the Consular Report of Birth Abroad (CRBA) certificate, dont think they need the citizenship certificate

The N-600k establishes citizenship and N-600 confirms it. Two different perspectives. You need to file the N-600 not N-600k unless State insists and USCIS confirms the error made back when son got his first US passport.

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Filed: Citizen (apr) Country: Ecuador
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On 4/11/2024 at 9:06 PM, AP786 said:

I have applied for the N-600k but this can take up to 12 months due to the long processing time

A U.S. Congressman's office might be able to help.  If you've maintained residency in the U.S., find out who represents you, and contact that office.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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