N-600 Denied and Child Citizenship Act

[Edmund]

Hi,

I'm an american citizen (my wife is candaian) and have lived recently in
the US for 5 years. During that time my biological minor child was admitted as a Lawful Premanent Resident, received a citizenship and passport via the Child Citizenship Act section 320 of the INA.

I applied for a Certificate of Citizenship (N-600) on the child's behalf, but before finishing that process had to temporarily move out of the country for some business reasons. As such, I could not attend the interviews (stating that it's due to a temporary move out of the country) and eventually got a
denial from them reasoning that "the child is not residing in the US undery my physical custody"

(1) Does that mean that my child's citizenship and passport are not valid anymore?

My worry is upon the last sentence in the denial letter: "Furthermore, after meticulously review your application along with documentation submitted by you, it is determined that, based on CIS record, you are not eligible for the benefots afforder through section 320 of the INA, Therefore you application is DENIED as a matter of law"

(2) Is there a sense to appeal?

Thanks

[Ron Gotcher]

You should definitely appeal this decision. Your child became a citizen when admitted to the US as an LPR and was in your custody at that time. The fact that you subsequently moved outside the US does not act to revoke your child's citizenship.

[Edmund]

Thanks Ron,

Do you understand from these paragraphs that the citizenship has been actually revoked?

What will happen if the child tries to enter the US with the valid passport she currently has?

And finally, does your office deal with such cases?

Thanks

[Ron Gotcher]

It can't be revoked. Revocation is a long and involved judicial procedure. I think that the idiot who wrote the decision you received probably thought that it might be possible to do a summary revocation, but that is nonsense.

[Edmund]

Thanks Ron,

So if the US citizenship and passports are valid, and literaly they do not currently qualify for a N-600 (as we currently are not residing in the US), do you still think I should appeal?

Edmund

[Ron Gotcher]

Go ahead and appeal because you are entitled to a certificate. The passport is controlling, however.

[Edmund]

Thanks Ron,

Sorry, but I do not understand what you mean when you say "The passport is controlling, however"

Edmund

[Ron Gotcher]

The United States Supreme Court has held that the only conclusive evidence of US citizenship is a valid, unexpired US passport. If the CIS challenges someone's claim to citizenship, they must go to the State Department and make a case for revocation of the passport. Any such revocation can be challenged in federal court. At the end of the day, what the CIS thinks really doesn't matter.