N600, reside abroad- denial?

[lshtefan]

Hi, Ron,

Thank you for this wonderful forum, it is great help for all of us.

I am USC through naturalisation, applied for certificate of citizenship for my minor child.

When I got my certificate of citizenship, I immediately applied and got US passport for him. But in fact at this time he did not reside most of time in US, he lived with my mother in Europe (which is not our home country).
Anyway he had valid Reentry Permit and was admitted in US as legal permanent resident and got his passport.

I applied for his N-600 as well and it took 2.5 years for USCIS to proceed for the interview step. But from that I read lately on this and other immigration forums I became more and more cautious about if I need to go on with process and bring him to the interview.

Since my naturalisation he was out of US for 2 years, and he is 18 already (at the time of my naturalisation he was 16). He does not have any valid US-issued documents (driver licence etc) except SScard and US passport. His RP expired and his GC was never received.


That bothers me is what it is stated somewhere in regulations that Certificate can be issued only "while in US"- does what mean that person can not leave country till the end of process analogically with N-400?

Another point- at the end of form N-600 officer has to confirm that person did not "expatriate"- how it can be proved? Does taking residence in other country is expatriation? I don't know that "expatriation" means in USCIS therms.

How big are chances for denial? Would he be asked on the interview about his school , job place etc.
That would be best course of action if this stands for denial- to withdraw application or pretend it was never received?

Thank you and everybody for an answer,

Leonid.

[Ron Gotcher]

The US Supreme Court has held that only an unexpired US passport is conclusive evidence of US citizenship. While it is nice of have a certificate of citizenship, that document is not dispositive of the issue and, in my opinion, of very little value. Just keep his passport current and you won't have any problems.

[lshtefan]

Thank you, Ron. Do I understand you right, that upon clearing that he was out of country for 2 years after application for N-600 he will be denied anyway?

[Ron Gotcher]

No. If he is a citizen, then he is eligible for a certificate of citizenship. His residence abroad after filing is of no consequence. Only a citizen my file, but one must be a citizen in order to file. US citizenship is not subject to any conditions subsequent, such as residency.

[lshtefan]

Actually, found this:

§ 1452. Certificates of citizenship or U.S. non-citizen national status; procedure



(a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of this title, or under the provisions of the Act of August 4, 1937 (50 Stat. 558), or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or under the provisions of section 1403 of this title, may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.



What states for "at the time"- at the time of application, pending for proceeding or only at the time of interview?

Thank you.

[Ron Gotcher]

The CIS would most likely interpret it as meaning both when filed and when adjudicated. The courts, however, would almost certainly interpret it as at the time of filing. It isn't the applicant's fault if the CIS takes years to adjudicate things.

[lshtefan]

Thank you, Ron. You cleared all my possible quiestions.
Have a great day!
Leonid.

[Ron Gotcher]

That's what I like to hear. Enjoy your weekend.