ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionPassport denial
Yes she can travel on the greencard and Phil passport, as long as it has at least 6 months on if for the return trip. Is your daughter's father's name on her birth certificate?

They need it notarize i think but ill see i will be going home on March maybe I could talk to him and bring him to us consulate in the Philippines,

but traveling with daughters Phil passport and greencard not a problem right?


CaryhMalePhilippines2012-11-19 12:55:00
US Citizenship General DiscussionNew Citizenship ?
You can obtain other citizenships, but their are conditions you should be aware of. You must not renounce your USA citizenship. You may be required to declare you have not renounced your USA citizenship. You cannot serve in a foreign military. It is assumed you are not renouncing USA citizenship when your obtain citizenship in another country, unless you specifically renounce it.
CaryhMalePhilippines2013-01-04 08:30:00
US Citizenship General DiscussionMy conditional green card never issued.Then,When Can I apply for US citizenship.

The boy is me? rofl.gif devil.gif devil.gif   or you rofl.gif rofl.gif . Oh just joking devil.gif

 

 

 

Who's on first? I don't know is on third.

 

The only thing that matters on the card is the date after "resident since". Three years later you are eligible for citizenship when you've been married to a USC. Application can be made 90 days before that date. There's truly nothing you can do about it, even if USCIS lost your application and then found it and issued the green card late. Be glad they found it, I've heard of cases where it was never found and the applicant had to reapply after going through hell for a couple years trying to get it resolved.


CaryhMalePhilippines2014-03-11 15:27:00
US Citizenship General DiscussionMy conditional green card never issued.Then,When Can I apply for US citizenship.

Oh yes, I'm sure that's what happened. I'm just leaving open the possibility that he was approved a few years ago but USCIS issued a green card with an incorrect date tongue.png If that's what happened, he should have them resolve the issue, but I expect that the date is correct.

 

He would not have been called for an interview then. He's likely assuming his EAD approval was his green card approval. If he has the actual welcome approval letter though, and the green card did not show up, he certainly should be bringing this up. But there would be no need to call him in for an interview, or issue him a card. 

 

 

Me_Theo go to the USCIS case status page, enter your case number for the I-485, not the EAD or AP case number and tell us the status. 

 

https://egov.uscis.g...is/Dashboard.do

 

It should say 

Your Current Case Status for Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

 

With the card production dot filled in

 

followed by 

The USPS reported that your new card was delivered on "Date of Delivery", directly to the address we had on file. The USPS tracking number assigned was 91019

 

You permanent residence status started shortly before that date.


CaryhMalePhilippines2014-03-11 14:14:00
US Citizenship General DiscussionMy conditional green card never issued.Then,When Can I apply for US citizenship.

You really don't understand the process. You had an AOS interview in February 2014, right? Nobody who has an interview for AOS becomes a LPR before the interview. You became a LPR on the day of your interview. You need to be a LPR for 3 years (minus 90 days) to be eligible for citizenship. You have not been a LPR for that amount of time. They'll take your money and deny your application.

 

He just doesn't want to hear the bad news. He feels screwed by USCIS, and he probably was, so he wants some other way to justify getting citizenship earlier. Its not going to happen of course, and everyone with any experience knows it, but he doesn't want to hear it. 


CaryhMalePhilippines2014-03-11 13:54:00
US Citizenship General DiscussionMy conditional green card never issued.Then,When Can I apply for US citizenship.

 
The number for USCIS Customer Service is 1-800-375-5283.
Be warned that I doubt that USCIS made a mistake, so I doubt that you'll get any help. It's far more likely that you misunderstood something along the way.

 

Back to the disinformation line rofl.gif

 

Given the time frame he filed to adjust status, I wouldn't be surprised if his petition was misplaced and it wasn't until his congressman inquired that they went searching for it. AOS applications were totally overloading USCIS at the time, and many waited over a year. But it doesn't really matter, when they issued the green card is the date he's stuck with, together with all the others that waited longer than normal back then. His isn't the first, nor will it be the last case, where USCIS misplaced a petition for a couple years. 


CaryhMalePhilippines2014-03-11 13:47:00
US Citizenship General DiscussionMy conditional green card never issued.Then,When Can I apply for US citizenship.

Dear Shub ,

If you know some way I can fix the problem, please tell me.

How i can send a request to find out or fix the problem  about  it .

 

Also I didn't  have travel out of USA after I arrive to  USA on 1 sep/2011. Even I didn t travel out of our state.

 

 I want to know  if some thing i should to do before sending N-400 forms to USCIS ,

I will send my  all document on the Dec 15 . 2014 in USCIS.

The day is = 3 years +  about 1 month from my married.

 

 

 

If you send your N-400 on Dec 2014, you will be denied and waste your fee. 

You did not become a permanent resident until the date on your card says you did. Living here, being married to a USC, does not make you a permanent resident. You only reach that status when your green card is issued, because that is when USCIS gives you the legal status of permanent resident. Yes, USCIS appears to have screwed up and not processed your card. My wife arrived around the same time as you did, her card was issued on June 27th, 2012. We applied for her green card in November 2011, after being married in October of 2011. She can apply for citizenship 90 days before june 27, 2015. It matters not when she arrived, or when we got married, the only thing that matters is when the card was issued. USCIS got really backed up on processing green cards for K-1s back in 2012. We only got her's when we did because we kept on them, and got a congressman involved as soon as we fell behind their published timeline for processing. Many who just waited, got their cards more than a year after applying. You're an even exceptionally longer case to get your green card. But again it does not matter. There's no fixing this, USCIS did not issue you the status of permanent resident until the date stated on your card. You really should have gotten your congressman involved back in the summer of 2012, and not waited until this year. But now there is nothing you can do about this, unless you want to hire a lawyer to appeal the N-400 petition once its denied. If you're lucky, you'll finish in court about the time you're actually eligible to file for citizenship based on the date on your green card.  


CaryhMalePhilippines2014-03-11 11:58:00
US Citizenship General DiscussionPrevious marriage and N 400

I believe its going to depend on what your state calls it. In my state the "Final order of Marriage dissolution" includes every aspect of the divorce settlement and the judges decision. By filing a separate paper with the court, we can get a simple "Divorce Decree", which basically states your were officially divorced on this particular date. The later is 2 pages, the former can be hundreds of pages depending on how complex the divorce was.

 


CaryhMalePhilippines2014-04-03 13:47:00
US Citizenship General DiscussionDeported for an Agravated felony but we think he is a US Citizen? What to do next?

 Look Im just as confused, imagine me being somebody that doesn't know anything about immigration, being put in this situation ,I just want to help and if there is a way I will find it and help any which way I can but I am the only one in my family that can put this out there and ask for help . Im telling it like I am being told, I'm not adding anything extra, or making anything up, why would I? I know that with Immigration any 2 extra words, or any 2 words less can definitely screw everything up. Hell I couldn't even help myself at some point

 

I'm assuming what is going to happen is he will get his citizenship recognised based on a late report of birth of an American citizen. As his father is still around to help him, this should be doable, although proving he's the natural child of his father may take time. If that is deemed to take to long, they could also go to opt for citizenship based on being a child of his mother and in her custody when she became a citizen. Either methods should work, but the child of a USC should be one taking precedence as he was already a citizen when his mother became one.


CaryhMalePhilippines2014-03-05 14:16:00
US Citizenship General DiscussionDeported for an Agravated felony but we think he is a US Citizen? What to do next?

ANd to all the people that are being mean and saying that he needs to stay out, thats not what I asked, the courts already judged him. He did his time, paid for his crime. That is done and over with.  SO since you are a US CITIZEN because you commit a crime they should deport you as well? His crime makes him less of a US CItizen than you? Come on doesn't make sense. 

 

There are some that certainly would want to deport citizens by birth within the USA for crimes. But where would they be deported to?


CaryhMalePhilippines2014-03-05 13:08:00
US Citizenship General DiscussionDeported for an Agravated felony but we think he is a US Citizen? What to do next?

 

I think you are referring to the relevant section of the State Department's Foreign Affairs Manual:

 

http://www.state.gov...ation/86757.pdf

 

But you are misremembering, or you misunderstood, what it says.  It says that the US only follows jus sanguinis to the extent provided for in US nationality law -- meaning that citizenship is only transmitted when specific transmission requirements are met.  The State Department does indeed have the authority to determine, based on the law, when foreign-born children of US citizens are citizens (i.e., they make a judgment on that when processing CRBA and passport applications), but they don't "refer to the CRBA as acquiring citizenship for the child."  A clue is right there in the title of the section: "Acquisition of U.S. Citizenship by Birth Abroad to a U.S. Parent" (Not "by Issuance of a CRBA")!

 

I believe that is it, and its quite likely I misunderstood a part of it. 


CaryhMalePhilippines2014-03-05 12:19:00
US Citizenship General DiscussionDeported for an Agravated felony but we think he is a US Citizen? What to do next?

If you find it, please share. There is a difference between having citizenship and documenting it. If you want some interesting reading, check out the situation with Americans of polish decent visiting Poland a while back and being held when trying to leave because the needed to make a polish passport to leave because they were automatic polish citizens because there parents or grandparents were.

 

It was an interesting read. It was on the state department web site, and went through all the minor changes in the laws over time that affected citizenship for children of USC's. They made direct mention of the USA not following the Roman method of automatically making children of citizens, citizens. But rather the state department had the right to determine which foreign children of US citizens are citizens. This is why they refer to the CRBA as acquiring citizenship for the child. It is retroactive to birth, and for all practical purposes appears automatic, although legally its not. Any president could presumably make it very difficult for a foreign born child to acquire citizenship.


CaryhMalePhilippines2014-03-05 11:52:00
US Citizenship General DiscussionDeported for an Agravated felony but we think he is a US Citizen? What to do next?

 

 

Can you please cite a source? I cite the N-600 instructions: http://www.uscis.gov.../n-600instr.pdf -- sorry I can't copy paste the relevant part, but look at page 1.

 

 

 

Having trouble finding the source again. But technically they are not citizens of the USA until the report of birth abroad has been completed. They have the right to apply, but they do not have citizenship until its been determined they qualify, and the state department has sole authority to decide who qualifies and gets citizenship. 


CaryhMalePhilippines2014-03-05 11:19:00
US Citizenship General DiscussionDeported for an Agravated felony but we think he is a US Citizen? What to do next?

You don't need to claim your citizenship before turning 18, typically.
In this case, he could be a US citizen by birth or by virtue of his mother naturalizing before he turned 18. Either way it's automatic and you don't need to claim it.
Generally speaking, babies born abroad to US citizens don't need to claim anything. They are US citizens, period, whether they know it or not smile.png

 

Actually they are not automatically a US citizen because a parent is a USC when born in the foreign country. They must go through the process of having the birth reported abroad to gain that citizenship. It is up to the state department to determine if they meet the standard of proof required to acquire US citizenship. 


CaryhMalePhilippines2014-03-05 10:38:00
US Citizenship General DiscussionWhen can I file?

Must be three years from the date  LPR since xxxx on your green card.

 

You can apply as early as 90 days before the above mentioned date. 


CaryhMalePhilippines2014-06-13 10:52:00
US Citizenship General DiscussionProof of Marriage

Send marriage certificate, passport bio page from USC spouse, and/or birth certificate. You're applying at three years based on marriage to a citizen correct? If 5 years or more, marriage to USC proof is not needed.


CaryhMalePhilippines2014-06-16 13:33:00
US Citizenship General DiscussionN-400 filing status question! -*Please help*

filing at 3 years and married to a citizen requires more documentation which you currently do not need to do, as you qualify at the 5 year resident. 

 


CaryhMalePhilippines2014-06-26 13:18:00
US Citizenship General DiscussionWhen can I apply for citizenship

I have the similar question. I got married last Feb 2011. I got my green card on June 2011. My conditional status was lifted last year - June 2013. Does it mean I'm already eligible to apply for citizenship since June this year (2014)? I wasn't sure if the conditional permanent status for 2 years counted against the permanent residency. Could you please confirm? Thanks.

 

Yes, actually 90 days before the date in June of 2014. Go get your N-400 in.


CaryhMalePhilippines2014-07-07 07:50:00
US Citizenship General DiscussionWhen can I apply for citizenship

90 days before the date in 12/2014, provided you're not out of the country too long and stay married to the same USC spouse during this time.

 

 


CaryhMalePhilippines2014-06-27 13:21:00
US Citizenship General DiscussionFiling for a I-130 petition

Yes US citizens can petition their immediate relatives, parents and children. Petitioning a sibling is a very different situation. You can do it, but there is a waiting list about 20 years long for siblings from the Philippines. Fastest way to get a sibling is to petition the parent, who petitions their child. 

 


CaryhMalePhilippines2014-08-08 11:46:00
US Citizenship General DiscussionAttention Ladies are pencil skirts ok for interview?

Think of the embassy interview as a job interview, and dress accordingly per your local culture.

 


CaryhMalePhilippines2014-08-21 08:18:00
US Citizenship General Discussionhow long!!!

Go here, find your local office and find their processing time. There usually is some kind of wait afterwards to schedule the swearing in ceremony.

 

https://egov.uscis.g...sDisplayInit.do


CaryhMalePhilippines2014-09-08 14:55:00
US Citizenship General DiscussionFreaking out. selective services registration.

Well thx everybody for the info...I've decided not to take the risk and just wait a couple years until I turn 31.I'm still gonna request the status letter from the sss just to have on hand and prove I tried to register when I found out I was required to.

 

That's the smart plan in my view.


CaryhMalePhilippines2014-09-09 12:47:00
US Citizenship General DiscussionFreaking out. selective services registration.

I'm not sure how it works when you are under 31 and didn't register but after you are 31, this is definitely NOT an issue. So even if your N400 gets denied based on this, you would still be eligible for citizenship when you turn 31. So even if one willfully fails to register, it's not a permanent bar to citizenship, go figure. I found this:

 

A: Note to USCIS officers: In accordance with U.S. Citizenship & Immigration Service (USCIS) Policy Manual - Volume 12 - Part D - Chapter 7, applicants for naturalization who are over age 31 are eligible for naturalization even if they knowingly and willfully failed to register. This is because the applicant's failure to register would be outside of the statutory period during which the applicant must show that he is of good moral character and disposed to the good order and happiness of the United States. Thus a man's failure to register with Selective Service does not make him ineligible for naturalization because he is age 31 or older.

 

http://www.sss.gov/Status.html

 

Personally I would wait until obtaining age 31. Things have been known to go seriously wrong for green cards holders who are found to be of bad moral character when they apply for citizenship. As in revocation of green card and deportation proceedings wrong. I'm not sure when the welcome letter started including the information on selective service registration being required of young men, but that alone could be all the proof someone at USCIS could decide they need. I believe in treading carefully where the consequences are high. 


CaryhMalePhilippines2014-09-09 09:02:00
US Citizenship General DiscussionFreaking out. selective services registration.

Google is your friend. Its not impossible, but you might have to wait a bit longer. Read this article

 

http://www.nolo.com/...ve-service.html


CaryhMalePhilippines2014-09-08 15:08:00
US Citizenship General DiscussionN-400 application with international travel coming up, what to do?

There's no rush to file for citizenship, such as ROC where you have the 90 day window. So why not just wait? I highly doubt they're going to pay attention to a note about travel and schedule the biometrics based on that.

 


CaryhMalePhilippines2014-09-10 15:28:00
US Citizenship General Discussiondo i count 5 year residency from my new Green card or from the date i entered the states?

http://www.uscis.gov...lace-green-card

 

You would need to do a paper filing to request a corrected card with the correct "resident since" date.

Not sure if you're going to bother to do that when you're filing for citizenship. But I would be sure to include copies of both cards and the reason why, so they can easily see your qualifying date is not the date on the 10 year card.

 


CaryhMalePhilippines2014-09-19 13:08:00
US Citizenship General Discussiondo i count 5 year residency from my new Green card or from the date i entered the states?

The date on your original card. Unless for some reason you lost your status and then regained your status and got the 10 year card, but your profile says you removed conditions. You should have applied for a replacement card when you got the 10 year card, as the date is wrong on when you became a permanent resident. 


CaryhMalePhilippines2014-09-19 13:03:00
US Citizenship General Discussiondo i count 5 year residency from my new Green card or from the date i entered the states?

from the green card "resident since date", as that is the date you officially are recorded as being a legal resident. Did you come on a CR-1 or K-1? If you were CR-1 and arrived in 2009, it looks like there was an error on your 10 year card.

 


Edited by Caryh, 19 September 2014 - 12:52 PM.

CaryhMalePhilippines2014-09-19 12:50:00
US Citizenship General DiscussionHow to enter country for naturalization under 319(b) after having been abroad for more than 6 months?

Staying out of the country so long is resetting your residency calendar to qualify for citizenship. Please review the residency requirement for citizenship. A lawyer can't help if you don't qualify because you're not living in the USA.

Staying out more than a year without a re-entry permit will get your green card pulled, which means starting over from scratch with a new visa. Even between 6 to 12 months this can happen if they question your maintained residency within the USA or you have repeated long periods out of the country.

 

 

oops sorry, I wasn't aware of the 319(b) method. Interesting, I'm going to need to read up more on this.

 

 

 


Edited by Caryh, 07 October 2014 - 11:06 AM.

CaryhMalePhilippines2014-10-07 11:01:00
US Citizenship General DiscussionField office question

You can't request an appointment in another location, but you can do a walk in biometrics before your appointment in any location that will allow you an early walk in.

 


CaryhMalePhilippines2014-10-14 15:19:00
US Citizenship General DiscussionMarried for almost 4 years total, but separated.

Applying at 3 years would require his cooperation. Sounds like you do not have it at this point. Finish with the divorce and wait until you've been a legal resident for 5 years.

 


CaryhMalePhilippines2014-10-20 13:52:00
US Citizenship General DiscussionUS Citizenship Claim from Deceased Parent

 

As mentioned in the original post he already has a vistor's visa which he has used many times and has never over stayed when he has traveled here. The card is a border crossing card. It says B1/B2 on it. When he visits he gets an separate card that is an I-94 departure arrival record that has a stamped date. And it says how many days he has until that card must be turned back in at the border when he leaves. They usual grant 6 months at a time.

 

I must have forgotten that from the original post. With such a record, I doubt trying to see if he is a citizen would have any affect at all on future visitor visas.


CaryhMalePhilippines2014-10-22 12:57:00
US Citizenship General DiscussionUS Citizenship Claim from Deceased Parent

Applying for a US passport doesn't show intent. Otherwise all children who had CRBA's filed would also live in the US. It would be more a clearence if there is a claim to citizenship. But I agree ont he proof, he will have to provide everything.

 

How you or I view isn't the point, what is the point is how will a CO view it, who is trained to think everyone has intent to stay in the USA to begin with. It sounds like he only wants to be able to visit the USA. I'd lock down that ability first before throwing any flags up that might make it harder to do. 


CaryhMalePhilippines2014-10-22 10:11:00
US Citizenship General DiscussionUS Citizenship Claim from Deceased Parent

I'm curious if the man in question applies for a passport and gets rejected if it would affect his visitor's visa or hurt his chances of getting a new visa afterwards.

 

Well attempting to get a USA passport would show intent to move to the USA. That could only make it harder to get a visitors visa in my opinion. Might be better to get the visitors visa first, confer with a good lawyer who would know exactly how the law stood, and if he has the required evidence to get USA citizenship. Beyond being qualified per the laws, there is likely a burden of proof he's going to need to show. 


CaryhMalePhilippines2014-10-22 08:11:00
US Citizenship General DiscussionUS Citizenship Claim from Deceased Parent

 It appears you father lost his claim to citisenship via the 1940 act which required someone with a birth claim to have resided in the US doe 5 years between the ages of 13 and 21    If he did not do that then he lost his claim and no following acts would have restored claims lost via non residence. 

 

Do you have a link or at least the name of the act? 1940 act is only bringing up hits on an investment and broker act.


CaryhMalePhilippines2014-10-21 14:54:00
US Citizenship General DiscussionUS Citizenship Claim from Deceased Parent


 

Still you have to go further back than 1952 in this case. Just for one example, that USC was lost through marriage is here in this article http://en.wikipedia..../Seoul_City_Sue (read the part on "Nationality").

 

That's pretty interesting. From 1907 to 1922 that was exclusively true. From 1922 to 1936 it was partly true based on the race of the husband or how long they stayed out of the country. Married to an Asian and they still lost citizenship until 1931. The OP's father in law's mother was born in 1922, so unless she was married by age 14 and stayed out of the country long enough, it would not apply to her citizenship. I'm not sure if this was repealed by congress or the courts, but the designation based on race, you would think would not be considered constitutional today. 

 

http://en.wikipedia.org/wiki/Cable_Act

The Cable Act of 1922 (ch. 411, 42 Stat. 1021, "Married Women?s Independent Nationality Act") was a United States federal law that reversed former immigration laws regarding marriage, also known as the Married Women's Citizenship Act or the Women's Citizenship Act. Previously, a woman lost her U.S citizenship if she married a foreign man, since she assumed the citizenship of her husband?a law that did not apply to men who married foreign women. It repealed sections 3 and 4 of the Expatriation Act of 1907.[1]

The law is named for Ohio representative John L. Cable, who proposed the legislation.

Former immigration laws prior to 1922 did not make reference to the alien husband's race.[2] However, The Cable Act of 1922 guaranteed independent female citizenship only to women who were married to "alien[s] eligible to naturalization".[3] At the time of the law's passage, Asian aliens were not considered to be racially eligible for U.S. citizenship.[4][5] As such, the Cable Act only partially reversed previous policies, allowing women to retain their U.S. citizenship after marrying a foreigner who was not Asian. Thus, even after the Cable Act become effective, any woman who married an Asian alien lost her U.S. citizenship, just as she would have under the previous law.


CaryhMalePhilippines2014-10-21 08:32:00
US Citizenship General DiscussionUS Citizenship Claim from Deceased Parent

 

Much to my knowledge, US citizenship law was quite different back then. I think citizenship for a married woman was almost exclusively based on that of her husband, particularly if they lived in his native land. This means his mother lost her USC once she married a Mexican national.

 

It is actually rather difficult to get rid of USA citizenship. And it certainly doesn't happen because someone married a foreign national. As far back as 1952, the supreme court recognized that a USC could have citizenship in two countries (Kawakita v. U.S.). And citizenship is a much higher level of ties to a country than being married to one of it's citizens or living abroad. The issue of date of father in law's birth, has more to do did the right need to be asserted before age 18, or required time period his mother would have need to spend living in the USA prior to the father in law's birth.


CaryhMalePhilippines2014-10-20 15:16:00
US Citizenship General DiscussionUS Citizenship Claim from Deceased Parent

This is tricky and going to depend on the laws when he was born, and if he has enough evidence. Here's a link to the checklist at the Philippine embassy. You might find a similar document for the embassy in Mexico., but it should help in getting an idea of what type of proof he is going to need.

 

https://www.google.c....77880786,d.aWw


Edited by Caryh, 20 October 2014 - 02:40 PM.

CaryhMalePhilippines2014-10-20 14:40:00
CanadaRequest For Evidence (RFE 2012)

You need to send in:
-the letter of intent to marry, from both of you, a template is available on this site under the K-1 guides.
-proof you have met in the past two years. Either receipts, boarding passes, stamps in passports, photos of the two of you together. The more the better.
-Send them a page of the story how you met and proposal.
-Reason for the customs violation, whatever that might be, and the outcome.
-proof the prior marriages were terminated, either by death or divorce BEFORE the K-1 was filed.

Someone didn't read the guides before they sent in their package.


The customs violations wasn't the parties violating customs laws, it was the exception to meeting in person if it violates long standing customs in the religion or culture.


Pay very close attention to the primary evidence list. Without any primary evidence your secondary evidence may not be acceptable to them. With little primary evidence, include a lot of secondary evidence. Also include a letter describing those meetings. It ties the evidence together. Get the dates, where and who written on the photos. Make it as easy as possible for them to understand what each bit of evidence means. Do not assume any evidence you sent originally is still with your petition. Resend all the original evidence again and include more.
CaryhMalePhilippines2012-04-20 13:29:00