Legal Question in Immigration Law in New York

I am a son to an American citizen, I was born in Dominican Republic and came to the United States(New York)when I was 14 years old since then I am a Permanent Resident. When I was 17 my father applied for my citizenship with the N-600 form and I was denied because my father "didn't have my custody" so Now, I'm 19 years old I was told (by an Immigration Lawyer) that I am an American Citizen and all I have to do is go to a passport agency or postal office with my Father, the necessary documents and apply for my American passport. Now my questions are:

1- if my father doesn't have my custody how come he brought me to the United States to live with him?

2- if my father does not have my custody i can't become an American citizen and I have to apply for it?

3- If I apply for the passport and I get my passport, how and where or when do I get the Naturalization Certificate or Certificate of Citizenship?


Asked on 12/28/09, 6:34 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

You may be able to apply for a passport. You didn't provide enough information to judge whether you are eligible for citizenship through your father (N-600).

However, the right approach is to either apply for a certificate of citizenship (based on your father's naturalization while you were a LPR and were in his custody), OR apply for naturalization yoruself (N-400) as now you are over 18.

Usually, the corect approach is to apply for citizenship (either through naturalization or a parent), and then apply for a passport.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/02/10, 7:46 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need additional information regarding your particular case before I could comment on it properly.

However, if you have been given a green card (a Permanent Resident card) by the US government, as you stated, then you are NOT a US citizen.

The government has already looked at your birth certificate and related documents before granting you the green card.

1) I cannot answer whether or not your father had custody this involves looking at various court papers.

2) Once you obtained the green card you can apply for your citizenship.

3) In applying for a US passport you will need to provide various documents. You should mention that you are a permanent resident and provide your naturalization certificate.

Patricia Martin-Gibbons

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Answered on 1/07/10, 2:21 pm


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