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  • N-600 rare/complicated case

    Hi,

    I do quality for derived citizenship under INA 320. To better explain I did qualify when I was under 18. I am above 18 now. However my U.S. citizen father who applied for my green card, is refusing to give his documents for me to file for N-600. Even though I qualify. The problem is proving my case. And the most difficult part is to prove my father is a United States citizen and he naturalized when I was under 18. I am looking for a solution here. N-400 is my plan B. If anyone has been in a situation like mine( where you qualify but proving becomes the problem) I would truly appreciate your advise. Like the law says it is my burden to prove that I qualify under INA 320. At this point I do not have the documents to prove my case. I have received all kinds of answers from immigration lawyers. Some say I can prove some say it is an almost impossible case. I understand I have a complicated case to prove, yet I believe there should be a way for me prove my case without my father's cooperation.
    Last edited by Monira Saberi; 06-25-2015, 01:00 PM.

  • #2
    If your father got you a green card, you can file a Privacy Act request for the documents related to the issuance of your immigrant visa. You should be able to use those copies to apply for registration as a citizen, assuming you qualify.

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    • #3
      I applied for my FOIA through USCIS. What is Privacy Act request?

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      • #4
        Same process, different checkbox on the form http://www.uscis.gov/about-us/freedo...foiapa-request

        Release of records of United States citizens and United States lawful permanent residents are governed by the Privacy Act.
        Release of records of aliens who are not permanent residents are governed by the Freedom of Information Act.

        I can't even be sure they will grant your request because you were not the applicant, but you don't have many choices here.

        You can use Form I-824 to request a copy of the I-130 approval notice, but that is no good to you, because you need the naturalization information listed on the original application form.

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        • #5
          So where do you see my case going? Almost impossible to prove? Can you give me a more understanding of what is likely to happen. Thank you!

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