Is Adult Born Overseas A U.S. Citizen if Parent Is an American Citizen?

[JuliaRoss]

My stepdaughter (I’ll call her Dorothy) was born in the Philippines in 1985.

Dorothy’s father was born and grew up in the U.S. He spent his whole life in the U.S., except for brief periods in the Philippines and in the Caribbean to study medicine, and for his daughter's birth.

Her mother was born in the Philippines. Her mother wanted Dorothy to be born in the Philippines.

The father and mother were married at the time of the birth. Dorothy immigrated to the U.S. when she was about 4 or 5 years old. She visited her grandparents in the Philippines a few years later and came back after about six months.

Dorothy also lived in a Caribbean country for a couple of years when her father attended medical school in that country.

She has lived in the United States for many years. She attended elementary, middle, and high school in the United States. She graduated from college in America and is married to an American citizen. She has a green card.

What really is her citizenship status?

[rayb]

Dorothy should be eligible for derived U.S. citizenship if her father's name is shown on Dorothy's birth cert. Also,the father should have claimed paternity and have it reported on the Philippine birth cert.

The best test of her derivative ciitizenship eligibility is to apply for a U.S. passport, with proof of her birth relationship to her U.S. citizen father and his proof of U.S. citizenship. The passport agency will review her passport application very seriously and explore the citizenship regulations in effect when Dorothy was born.

--Ray B

My stepdaughter (I’ll call her Dorothy) was born in the Philippines in 1985.

Dorothy’s father was born and grew up in the U.S. He spent his whole life in the U.S., except for brief periods in the Philippines and in the Caribbean to study medicine, and for his daughter's birth.

Her mother was born in the Philippines. Her mother wanted Dorothy to be born in the Philippines.

The father and mother were married at the time of the birth. Dorothy immigrated to the U.S. when she was about 4 or 5 years old. She visited her grandparents in the Philippines a few years later and came back after about six months.

Dorothy also lived in a Caribbean country for a couple of years when her father attended medical school in that country.

She has lived in the United States for many years. She attended elementary, middle, and high school in the United States. She graduated from college in America and is married to an American citizen. She has a green card.

What really is her citizenship status?

[JuliaRoss]

She has a Philippines passport. So if she applies for a U.S. passport, she will find out her correct status?

If I understand INA Act 301 correctly, shouldn't she be a U.S. citizen from birth?

She has already spent hundreds of dollars filing citizenship applications. When she tried last time, after spending weeks on the paperwork, they told her she filled out the wrong forms! Over 600 dollars down the drain.

Now she is trying to apply again, for another 600+ fee. If she is already a citizen, why does she need to do this?

It is so, so confusing.

[rayb]

Which citizenship application did she use? N-400 or N-600? Either way, her eligibility might have been misunderstood.

Applying for a U.S. passport is the fastest way to get her citizenship recognized. If that is denied, then she needs to use the N-400 to apply for Naturalization (if her previous application that was denied was the N-600).

From what you have told me, her derivative citizenship is already effective, but the N-600 is to apply for the Certificate, not to apply for her citizenship (which she already had).

But if both the passport and N-600 are denied. her only remaining option is to use the N-400.

ANYWAY, WHAT FORM DID SHE SUBMIT ALREADY THAT WAS DENIED?

--Ray B

She has a Philippines passport. So if she applies for a U.S. passport, she will find out her correct status?

If I understand INA Act 301 correctly, shouldn't she be a U.S. citizen from birth?

She has already spent hundreds of dollars filing citizenship applications. When she tried last time, after spending weeks on the paperwork, they told her she filled out the wrong forms! Over 600 dollars down the drain.

Now she is trying to apply again, for another 600+ fee. If she is already a citizen, why does she need to do this?

It is so, so confusing.

[JuliaRoss]

Which citizenship application did she use? N-400 or N-600? Either way, her eligibility might have been misunderstood.

Applying for a U.S. passport is the fastest way to get her citizenship recognized. If that is denied, then she needs to use the N-400 to apply for Naturalization (if her previous application that was denied was the N-600).

From what you have told me, her derivative citizenship is already effective, but the N-600 is to apply for the Certificate, not to apply for her citizenship (which she already had).

But if both the passport and N-600 are denied. her only remaining option is to use the N-400.

ANYWAY, WHAT FORM DID SHE SUBMIT ALREADY THAT WAS DENIED?

--Ray B

I'm not sure. I'll have to ask her.

[rayb]

Julia,

It's an important question, so that her next step can be planned with the alternative form.

One poster on another forum had been adopted and brought to the U.S., after children adopted by U.S. citizens were automatic derived citizens. But she never obtained proof of her status When 30 years old, about 20 years later she applied for a U.S. passport and was denied (normally that is no problem for adopted children now), so then went ahead and used form N-400. During her interview, the interviewer told her that she was considered to be a citizen already, but they were proceeding with the Naturalization process anyway.

--Ray B

I'm not sure. I'll have to ask her.

Quote Originally Posted by rayb View Post
Which citizenship application did she use? N-400 or N-600? Either way, her eligibility might have been misunderstood.

Applying for a U.S. passport is the fastest way to get her citizenship recognized. If that is denied, then she needs to use the N-400 to apply for Naturalization (if her previous application that was denied was the N-600).

From what you have told me, her derivative citizenship is already effective, but the N-600 is to apply for the Certificate, not to apply for her citizenship (which she already had).

But if both the passport and N-600 are denied. her only remaining option is to use the N-400.

ANYWAY, WHAT FORM DID SHE SUBMIT ALREADY THAT WAS DENIED?

--Ray B
I'm not sure. I'll have to ask her.

[JuliaRoss]

Julia,

It's an important question, so that her next step can be planned with the alternative form.

One poster on another forum had been adopted and brought to the U.S., after children adopted by U.S. citizens were automatic derived citizens. But she never obtained proof of her status When 30 years old, about 20 years later she applied for a U.S. passport and was denied (normally that is no problem for adopted children now), so then went ahead and used form N-400. During her interview, the interviewer told her that she was considered to be a citizen already, but they were proceeding with the Naturalization process anyway.

--Ray B.

Her husband now says that someone at immigration told her that she is considered a citizen. So she needs to apply for the N-600? And an American passport?

[rayb]

Before going any further, you should verify which form she used that was rejected. If that question isn't answered, you're just "treading water" by offering her suggestions.

If she submitted form N-400 (Naturalization application) and that was rejected and she was told what you just reported (which you should have been told before now), then the next test is to apply for a U.S. passport. But the passport application might still be rejected, in which case the N-600 (Citizenship certificate application) is the last step.

--Ray B

Her husband now says that someone at immigration told her that she is considered a citizen. So she needs to apply for the N-600? And an American passport?