zonga85

thank you. I’m in touch with 2 lawyers, one of which is recommending n600, and the other one n600k. clearly an edge case 🙂 I’m 100% sure about having qualified for citizenship. the consular officer took many weeks to research the case, look at the evidence and and set a record for the future. It wasn’t an easy decision. Also, if I were to go through the n600k route today without any history, I have a rock solid case. What makes n600k challenging is the language around “do not … if ina 320 …”

Hi all Following up from the following thread: Long story short: I want to have a certificate of citizenship for my son in order to avoid the situation mentioned in the thread above the case is: - he was born outside of the us when my wife and I were LPR - we got naturalized and were living in the us at the time, thus she became a citizen, and received a passport - we left the country soon after she became a citizen due to unforeseen personal challenges. We thought we’d come back, but couldn’t - 1 year later made the decision to fully start living abroad. - time for renewal of the passport, his passport was challenged but eventually issued - don’t want to deal w it again so want to apply for CoC. now - we reside abroad. is the route n600 or n600k? on the one hand, it feels it should be n600 as we were living in the US when she became a citizen. However the form says “do not file if you do not regularly reside in the us” i go to n600k. Residence is not a challenge but it says “do not file if automatically acquired citizenship through ina 320”, which is my son’s case. any guidance appreciated. ps: he’a about 6 years old now

That’s what my research is proving as well.

So, an update. the consulate got back and approved the passport given the evidence. at this point, I’m considering applying for n600 as secondary evidence of citizenship in order not to deal w this again in 5 years. I can’t do n600k given the situation (i.e., will have a valid passport) questions: - any guidance overall? Anyone been in this situation before? - ok to apply for n600 from outside of the us?

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.

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?

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)

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.

n600 is for individuals residing in the US, correct?

through INA322?

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.

To be clear, lots of people do what?

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?

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

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?

Thabks for your comment. Will definitely do so.

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.

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!!!