US Passport denied, should I apply for N600?

[Presh]

Hi All,

I recently applied for a US passport based on my dad being a US citizen. It was denied because of legitimation. Everything else was fine. His physical presence is satisfied, he has a US birth certificate. He's on my birth certificate including his social security number. I even have his last name. Also grandparents are US citizen.

The problem was because he and my mother were not married and he wasn't in my life much up until the age of 18. Only the first 3 years of my life. I reconnected with him at 19. I'm now 30. We now have a good relationship. It took 9 months for them to look at my application and deny it. I put forth some information on legitimacy in UK law which was the family reform act and found a bunch of other stuff to do with illegitimacy in the UK. They said it wasn't strong enough as the legitimacy act still out rules every other act created after it. I was born and raised in England, UK.

They are now putting an information pack on other ways for me to get my citizenship, which I have yet to receive. Someone told me I should try applying for N600, but I thought that also has the same requirements.

Any ideas if I should apply for the N600 or what other ways would be good to get my citizenship?

[rayb]

Legitimation before you turn 18 is critical to a later claim of derived U.S. citizenship.

If you have been in the U.S. with a Green Card for at least 4 years and 9 months, use the N-400 to apply for Naturalization.

The N-600 will subject you to the same scrutiny and probable refusal of derived citizenship.

--Ray B

Hi All,

I recently applied for a US passport based on my dad being a US citizen. It was denied because of legitimation. Everything else was fine. His physical presence is satisfied, he has a US birth certificate. He's on my birth certificate including his social security number. I even have his last name. Also grandparents are US citizen.

The problem was because he and my mother were not married and he wasn't in my life much up until the age of 18. Only the first 3 years of my life. I reconnected with him at 19. I'm now 30. We now have a good relationship. It took 9 months for them to look at my application and deny it. I put forth some information on legitimacy in UK law which was the family reform act and found a bunch of other stuff to do with illegitimacy in the UK. They said it wasn't strong enough as the legitimacy act still out rules every other act created after it. I was born and raised in England, UK.

They are now putting an information pack on other ways for me to get my citizenship, which I have yet to receive. Someone told me I should try applying for N600, but I thought that also has the same requirements.

Any ideas if I should apply for the N600 or what other ways would be good to get my citizenship?

[Presh]

Legitimation before you turn 18 is critical to a later claim of derived U.S. citizenship.

If you have been in the U.S. with a Green Card for at least 4 years and 9 months, use the N-400 to apply for Naturalization.

The N-600 will subject you to the same scrutiny and probable refusal of derived citizenship.

--Ray B

Thank you rayb for your reply. I don't have a Green Card. I've looked into it but it takes up to 5-7 years to get it. I'm in the States at the moment as I came over to apply for the passport with my dad. Will be going back home soon. It's a shame, that I won't have any claim to citizenship.

[rayb]

Don't give up on this, as late legitimation does happen, but simple applications for benefits (passport, citizenship cert) won't "get through the gate" without a USCIS official decision (after a decision, and/or denial and appeal).

I've worked with an organization in the Philippines which attempts to reunite Filipino orphans with U.S. fathers, and the lack of legitimation proof is the big barrier once the children 18, but there are alternative evidence options which the organization has been successful in using.

Unfortunately, the initial birth certificate of the child, with the U.S. father listed, is the primary document to later claiming.

--Ray B

Thank you rayb for your reply. I don't have a Green Card. I've looked into it but it takes up to 5-7 years to get it. I'm in the States at the moment as I came over to apply for the passport with my dad. Will be going back home soon. It's a shame, that I won't have any claim to citizenship.

[Presh]

Don't give up on this, as late legitimation does happen, but simple applications for benefits (passport, citizenship cert) won't "get through the gate" without a USCIS official decision (after a decision, and/or denial and appeal).

I've worked with an organization in the Philippines which attempts to reunite Filipino orphans with U.S. fathers, and the lack of legitimation proof is the big barrier once the children 18, but there are alternative evidence options which the organization has been successful in using.

Unfortunately, the initial birth certificate of the child, with the U.S. father listed, is the primary document to later claiming.

--Ray B

What do you suggest I do? Should I apply for my green card?

Thanks,
Presh

[rayb]

You can't just apply for a Green Card. You must be petitioned by a relative (blood or spouse) or gain it through an employment-based visa.

If your father petitions you, and evidence of relationship is slim, you may have to provide DNA proof, and that might later be used as a basis for derived citizenship (but it might be too late to establish such a basis).

--Ray B

What do you suggest I do? Should I apply for my green card?

Thanks,
Presh

[Presh]

You can't just apply for a Green Card. You must be petitioned by a relative (blood or spouse) or gain it through an employment-based visa.

If your father petitions you, and evidence of relationship is slim, you may have to provide DNA proof, and that might later be used as a basis for derived citizenship (but it might be too late to establish such a basis).

--Ray B

Thanks