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N-600 Application, Missing Birth Certificate

Discussion in 'Naturalization to become a US citizen' started by immigrantme, Jan 29, 2012.

  1. immigrantme

    immigrantme Junior Member

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    Hi Ron,

    Just stumbled upon your site today and found it very helpful. First, I'd like to thank you for taking the time posting when your time is certainly worth more than what answering our posts pay.

    So here's my situation, both my parents naturalized prior to me turning 18 so I qualify for naturalization through form N-600. Problem is I arrived as a refugee and don't have a birth certificate nor will I be able to obtain one. Years ago I applied and was denied for this reason. I produced signed affidavits which were used to obtain my green card but that was insufficient for naturalization. Will USCIS accept DNA testing or something else in lieu of a birth certificate as proof that I am the son of my parents?

    I'm hesitant to go the N-400 route as I've had two felonies as a juvenile though it's been over 10 years.
     
  2. MeirionGwril

    MeirionGwril Senior Member

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    Re: N-600 Application, Missing Birth Certificate

    If your parents naturalized before you were 18, then you ARE currently a citizen. N-600 appears to many to be simply a way for USCIS to make money.
    You should apply for a passport, using the evidence of your parents' naturalization. You will need some evidence of your date of birth, but the passport site does not mandate a birth certificate. I would contact the passport people and ask what you can use.
    A passport is definitive evidence of citizenship, and trumps an N-600.

    I am not a lawyer.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: N-600 Application, Missing Birth Certificate

    The USCIS will definitely accept DNA testing. As a practical matter, however, there is an easier way to establish your citizenship. Take your green card (which shows your date of birth, as established earlier before the USCIS) as well as one parent's naturalization certificate and apply for a U.S. passport. A valid, unexpired passport is the only conclusory evidence of U.S. citizenship. With it, you don't need an N-600.
     
  4. immigrantme

    immigrantme Junior Member

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    Re: N-600 Application, Missing Birth Certificate

    Thank you both for your responses. Good to know that I am in fact a citizen and what I am seeking is not naturalization but something to certify my citizenship. As I was filling out the passport application, I found the following under PROOF OF U.S. CITIZENSHIP:

    If you claim citizenship through naturalization of your parents: Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), and proof of your admission to the United States for permanent residence.

    Is there an unwritten rule that a green card is sufficient to satisfy the last last two items? Will they have access to my green card file that establishes my relationship to my parents? I called the DOS to inquire on the birth certificate requirement but the customer service on the phone didn't seem very knowledgeable beyond what was already available on the application. I found that only original documents are accepted so I want to be sure my documentation is acceptable before I send them off.
     
    samrust49 likes this.
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: N-600 Application, Missing Birth Certificate

    No, they need proof that you are the child of the naturalized parents.
     
  6. immigrantme

    immigrantme Junior Member

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    Re: N-600 Application, Missing Birth Certificate

    Just wanted to follow up in case I could help anyone else that happens to be in the same situation. I applied for a passport without the necessary birth documentation and explained my situation. The DOS contacted me and recommended DNA testing. Had that done and was issued a passport. Cost was a bit over $500. Prices vary by hundreds so make sure to call around. The testing lab does not have to be local - many have sample collection sites that are all over the US.

    Thanks to the advice on this board, I didn't waste $600 on the COC.
     
  7. MeirionGwril

    MeirionGwril Senior Member

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    Re: N-600 Application, Missing Birth Certificate

    Thanks for following up - very useful information.
    And congratulations on the passport! :)
     
  8. samrust49

    samrust49 New Member

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    Dear Ron, i have the same issue with not having a birth certificate. i tryed to apply for a passport with just my green card, mothers passport and naturalization certificate but the agency did not allow this.They want to see evidence of marriage or how i am related to my mother witch i do not have. What would you recommend .
     
  9. samrust49

    samrust49 New Member

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  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Get two sworn affidavits.
     
  11. samrust49

    samrust49 New Member

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    So all need to to is get 2 sworn affidavits from my bother and sister saying that I am a child of my mother and father and they would except that?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They should
     
  13. Tizita Arzate

    Tizita Arzate New Member

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    Did they accept the sworn affidavits? I am having the same issue
     

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