Question on whether to do N-400, N-600 or US passport

[Jung Ho Shin]

Hi I lost my South Korean Passport and also my green card. I have plans to travel within the next month. I have a deceased father who acquired US citizenship right around when I was 1 years old. I have his expired US passport. I recently finished my biometrics and am waiting on the physical card, but that will be several more months. According to some lawyers, I can apply immediately for the US passport? However, my mom doesn't remember whether my parents filed a marriage certificate. We used to live in Virginia and now I am here in Los Angeles California. In addition, I don't have a birth certificate. I tried to call the hospital that I was born in Korea, but they seem to have trouble locating my certificate or birth information. What is my best route of action here...?

[newacct]

When did you turn 18? When did you become a permanent resident?

[Jung Ho Shin]

I was born in 1990 and turned 18 in 2008. I got my green card in 1993 and it expired in october of 2016.

[newacct]

It seems like you are already a US citizen. If at any time on or after February 27, 2001, you were a permanent resident under 18 living in the US with a US citizen parent, you automatically became a US citizen if you were not already one. Since you were under 18 and a permanent resident and your dad was a citizen, you became a citizen at the latest at that time.

Prior to 2001, the rule was that if you were a permanent resident under 18 in the US and both your parents naturalized, you automatically became a US citizen. You did not mention the situation with your mother, but if she naturalized too then you may have become a citizen earlier. But if not, you became a citizen in 2001.

You should apply for a US passport. N-600 for a Certificate of Citizenship is a big wastse of money in my opinion.

[Jung Ho Shin]

It seems like you are already a US citizen. If at any time on or after February 27, 2001, you were a permanent resident under 18 living in the US with a US citizen parent, you automatically became a US citizen if you were not already one. Since you were under 18 and a permanent resident and your dad was a citizen, you became a citizen at the latest at that time.

Prior to 2001, the rule was that if you were a permanent resident under 18 in the US and both your parents naturalized, you automatically became a US citizen. You did not mention the situation with your mother, but if she naturalized too then you may have become a citizen earlier. But if not, you became a citizen in 2001.

You should apply for a US passport. N-600 for a Certificate of Citizenship is a big wastse of money in my opinion.

That's what my lawyer said as well. But, when I looked up all the documents I needed for the US passport, I don't have my parent's marriage certificate nor do I have a birth certificate. My mom doesn't remember if they registered the marriage but I do know they claimed taxes together. So I do have a couple tax returns that states me as a dependent and both my parents.

[newacct]

You can go here, enter the country of birth, and go to birth certificate to see what kind of documents are accepted for birth certificates. I think there must be something you can obtain as a birth certificate; otherwise you would not be able to prove you are your parent's child in any legal situation.

The law requires that you were in the "legal and physical custody" of your US citizen parent, and doesn't necessarily require that your parents be married. I am not exactly sure what documents would be good for proving legal and physical custody.

[Melchor Chakrian]

Naturalization being done individually.

I have a question also regarding mysef. I came here in USA way back 1992.I was only 13 years old at that time.Before I applied my citizenship I called uscis to make sure what form should i use.if iam derived by my father citizenship n-600 or should i appy for my self n-400. The person ive asked me how old am i before february 27 2011.I said 21. That person told me that iam not eligible for derivative through my father. The person told me to apply individually for myself. For which I did. I applied n-400. I was interviewed and passed the test. The officer even said congratulation you passed the test. But he said i will wait and see if you are already citizen through your father. He asked me for many so many documents that both of my parents no longer have.what should i do. He told me that its up to them to make decision and if i dont provide documentation my case will be denied.😭😭😭😭.please help me.