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jcopjcop

i got denied because of adaption

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I remember your posting about this on another board (you were asking whether you were adopted, when your post itself said you were adopted), but you still have not posted a question. If you just posted to tell us you got denied for something immigration-related, all we can do is say "okay, and ...?"

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i dont understand why they denied my application for us citizenship.

my father was US born citizen and my mother is Philippines citizen.

i gave my birth certificate showing my biological father and adoptive father is the same person.

i dont know why my father did petition me for adoption (his deceased now

) i can only guess because of Philippines law?

thanks

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Your father probably adopted you because he was not married to your mother and that's what Philippines law probably required at the time.

"i dont understand why they denied my application for us citizenship."

What did you apply for, the N-600? If yes, then you should know the N-600 Application for a Certificate of Citizenship is a complicated application requiring lots of specific evidence when the child was born overseas to a citizen father and an alien mother, especially when birth was outside of wedlock. USCIS may have denied you simply because of lack of proof. They did not deny merely because you were adopted by your father. Only a trained immigration attorney can look at what USCIS wrote as the reasons for denial and see if you could try applying again.

If, on the other hand, you tried to apply for a green card through your father's petition for you, then you probably already know that when the petitioner who's a parent dies, the petition does not have validity anymore and must be denied.

Larry L. Doan, Esq.

Be sure to visit my blog - http://GuruImmigration.wordpress.com

www.GuruImmigration.com (click on Contact Us)

Note: The above response is provided for legal information only and should

not be construed as legal advice, nor to create an attorney-client

relationship, which can only be established through payment of

consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has

been screened. If follow-up advice on your specific situation is

desired, please visit my website www.GuruImmigration.com for more details.

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Your father probably adopted you because he was not married to your

mother and that's what Philippines law probably required at the time.

"i dont understand why they denied my application for us citizenship."

What

did you apply for, the N-600? If yes, then you should know the N-600

Application for a Certificate of Citizenship is a complicated

application requiring lots of specific evidence when the child was born

overseas to a citizen father and an alien mother, especially when birth

was outside of wedlock. USCIS may have denied you simply because of

lack of proof. They did not deny merely because you were adopted by

your father. Only a trained immigration attorney can look at what

USCIS wrote as the reasons for denial and see if you could try applying

again.

If, on the other hand, you tried to apply for a green

card through your father's petition for you, then you probably already

know that when the petitioner who's a parent dies, the petition does

not have validity anymore and must be denied.

thanks to all you guys for your time,

when i went for the interview that day all they want me to bring is my green card and my adoption paper which i have. i have all the document sumitted including my birth certificate, father military record(when and were he was) and more

ok heres the review summary i got after my interview. their decision as follows

1. you were born on 12-11-58

2. you were adopted by your USC father on 7-31-59

3. your adoptive father was USC at birth

4. you were admitted to US as a permanent resident on 5-20-75

the facts thus show that you did not take the oath by your 18 b-day and is no longer elegible for section 321. furthermore you are ineligible to acquire a certificate of citizenship as you were over the age of 18 when you submiited your application for a certificate of citizenship.

your application n-600 therefore must be and hereby denied.

---------------------------------------------------------------------------------------------------------------------------------------

-I dont understand they did not mention about my biological father (a USC at birth) on the review summary.

- what is section 321?

thanks again

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"-I dont understand they did not mention about my

biological father (a USC at birth) on the review summary."

You appear to be hung up on this point. USCIS knew your biological

father and your adopted father was the same man. That's not why they

denied your N-600 (which is exactly the application I suspected you applied for

although you did not mention it the first time you posted the question). They denied it because of Section 321.

I don't know how long ago you filed the N-600 but Section 321 of the Immigration

and Nationality Act (INA) is a now repealed section of law, i.e., it's no

longer valid since February 2001. It was replaced at that time with other amended sections

of law that are fairly similar. Your application was decided under the

old Section 321, and under that old law, to receive automatic transmission of citizenship

at your birth through your father (even though you were born in the Philippines),

you must have applied for the N-600 and taken the oath of naturalization before the age of

18. If you didn't do that by 12-11-1976, then it was too late.

As I said before, this is not something to be played around with by self-help.

If I had applied for you, I would not have proceeded under the old Section 321,

but under Section 301 of the INA: there

IS a way for you to get your automatic citizenship by showing that your father was physically present in the United States for a period or periods

totaling not less than 5 years, at least two of which were after attaining the

age of 14. You could still apply under this basis.

Larry L. Doan, Esq.

Be sure to visit our blog - http://GuruImmigration.wordpress.com

www.GuruImmigration.com (click on Contact Us)

Note: The above response is provided for legal information only and should

not be construed as legal advice, nor to create an attorney-client

relationship, which can only be established through payment of

consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has

been screened. If follow-up advice on your specific situation is

desired, please visit our website www.GuruImmigration.com for more details.



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thanks again,

can i apply a US passport without saying im adopted (still answering thoughtfully when applying) or is it to late because i already apply n600 and got denied. i can show my birth certificate, my father birth certificate, my dad military service and working at US embassy at Philippines at the time i was born and after, proof he was here at US (notify letter from her sister) my dad dead certificate and whatever they require documents.

thanks for looking

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