Response to N-600

[inh]

A couple of months ago I filed form N-600. And posted some questions here.

Now they finally responded. with a request for more documents. This is what they want as listed on they're letter.

Evidence that prior to your birth your U.S citizen father was physically present in the US for a total of:

-10 years, 5 of which were after your parent's 14th birthday.
-10 years,5 of which were after your parent's 16th birthday.
-5 years,2 of which were after your US citizens parent's14th birthday.
- One continuous year prior to your birth.

I provided them my father's social security printouts that go from 1981 to 2008.
But our problem is the stuff from when he was a kid. As I understand it they went back to Mexico when he was seven or eight. My grandma seems to think my dad went to school for a short while in California but he doesn't seem to remember that.If he did that would really help out but we wont find out until they come back from spring break over there in California. If that doesn't work out our only option might be his vaccines or something medical like that.

But what I'm wondering is if this is all necessary. Shouldn't the fact that he is a U.S. born citizen be enough. And about the one continuous year prior to my birth, shouldn't that be covered by the social security printouts being that I was born in 1988.

And they also want both of my parents Naturalization certificates. But neither of them have them. My dad is U.S. born citizen and my mom is still only a resident. What should I do?

And by the way they need me to respond by May 6 ,actually the listed date is AUG 28, 2008. But they mailed it April 6 2009 and they want the response within 30 days so I assume that was just a misprint and that real date is May 6. But I'm still a bit uneasy about it. Seeing as the letter says "FAILURE TO RESPOND WITHIN 30 DAYS(AUG 28,2008) WILL RESULT IN YOUR APPLICATION BEING DENIED FOR LACK OF PROSECUTION".

This whole process is very confusing. Any help or clarifications would be greatly appreciated. On any of this please!

[inh]

A couple of months ago I filed form N-600. And posted some questions here.

Now they finally responded. with a request for more documents. This is what they want as listed on they're letter.

Evidence that prior to your birth your U.S citizen father was physically present in the US for a total of:

-10 years, 5 of which were after your parent's 14th birthday.
-10 years,5 of which were after your parent's 16th birthday.
-5 years,2 of which were after your US citizens parent's14th birthday.
- One continuous year prior to your birth.

I provided them my father's social security printouts that go from 1981 to 2008.
But our problem is the stuff from when he was a kid. As I understand it they went back to Mexico when he was seven or eight. My grandma seems to think my dad went to school for a short while in California but he doesn't seem to remember that.If he did that would really help out but we wont find out until they come back from spring break over there in California. If that doesn't work out our only option might be his vaccines or something medical like that.

But what I'm wondering is if this is all necessary. Shouldn't the fact that he is a U.S. born citizen be enough. And about the one continuous year prior to my birth, shouldn't that be covered by the social security printouts being that I was born in 1988.

And they also want both of my parents Naturalization certificates. But neither of them have them. My dad is U.S. born citizen and my mom is still only a resident. What should I do?

And by the way they need me to respond by May 6 ,actually the listed date is AUG 28, 2008. But they mailed it April 6 2009 and they want the response within 30 days so I assume that was just a misprint and that real date is May 6. But I'm still a bit uneasy about it. Seeing as the letter says "FAILURE TO RESPOND WITHIN 30 DAYS(AUG 28,2008) WILL RESULT IN YOUR APPLICATION BEING DENIED FOR LACK OF PROSECUTION".

This whole process is very confusing. Any help or clarifications would be greatly appreciated. On any of this please!

[federale86]

First of all, his being a citizen is NOT enough. The law requires more, which they detailed in your letter.

Now, obviously, the Social Security printouts were not enough. All they show is employment by an US employer, not where he was actually living while employed. For instance: He could have been employed by a company in the US but lived in Mexico, commuting over the border each day. Or worked overseas for an American company.

For you, your father's tax returns would be good. Copies of domestic drivers license records, copies of bills in his name such as utilities, credit cards, etc.

Provide copies of your mothers green card and father's birth certificate.

In your return, point out their error on the letter.

What is the basis of this claim? How did you come to be born outside the U.S.? Was your mother violating her residency requirement by living outside the U.S.? How long did you live overseas? Are your parents Mexican?

[inh]

We were thinking of getting something from his bank. Maybe some medical records. But those really don't prove he was here either as you said. So the tax returns would be great, but how do you get copies of that stuff. Does it take a long time?

They already have my Dad's birth certificate, but I guess I can attach another copy of it along with my mom's green card.

I was born outside of the U.S. because my Mom was staying with her parents those last couple of months before I was born. I don't think she was violating anything. She never stayed away for to long.

I was brought to the U.S. a couple weeks after I was born.

My dad is a third generation immigrant and my Mom I guess is still a Mexican citizen since she is only a resident.

[federale86]

If your father is still alive, he can request copies of his tax returns by a Freedom of Information Act request with the IRS.

With regards to proof, it is a matter of accumulating small amounts that add up, so every little bit helps.

Other things you can do is get employment records from his former employers; bank records are good, especially if he had an old style savings passbook account. If your mom was here all the time as well, her records of the same would be supportive, though not definative.

[inh]

would the deed to a house or land work. I think I can get some of the checks he used to pay it off to.

[inh]

Ive spent all night looking threw mountains of paper.With great results, I found tons of useful stuff. Bills, Letters, court papers, but most importantly I found some tax returns. To be exact I found all my dad's tax returns from 1988-2000. And I'm not done digging yet.

[inh]

I just called USCIS and the guy told me something that made me really nervous. He said that the "10 years, 5 of which were after your parents 14th birthday".Means he had to live in the U.S. from his 14th birthday to his 19th birthday uninterrupted. And he might have not done that as I mentioned earlier. He also said that if he hadn't been here during that period of time I would be ineligible for citizenship threw my father.

[federale86]

Not true, the 5 after 14th does not mean 5 between 14 and 19.

Relax. You have it covered.

[inh]

Oh I really hope youre right. Ive been really nervous all day.

[inh]

I go this off the UK embassy website

"Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child"

So since I was born in 1988 does this mean The only requirement I have to worry about is the 5 year one. And federale do you think the guy I talked with at the USCIS was just completely wrong?

[FSN]

Laws was changed on November 14, 1986...at O hours...washington DC Time......
If you are born on Nover 14, 1986 or after your Dad had to prove that he had lived in United States for 5 years...Period...
You were born in 1988.....?
New Law will apply to you ...and your father need to complete the Affidavit of his phycial present is United States.. and prove of his citizenship...
thats all you need to do.

If they are asking you all this information it means the person who is handling your case do not have any knowledge about the laws from the being...I can bet my life on this if you are born in 1988...You are a Citizen if your dad had lived in US. for 5years
I know where he/she is looking for they are looking at the Table s....tell them to read the law...27 years of experience in the filed of Citizenship matters.
You should have contacted Stae Department Consular Affaris and get the information and then file with this USCIS...