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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 100053
Experience:  Private practice in several areas, including immigration
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I have the following document and am just waiting on the

Customer Question

I have the following document and am just waiting on the fathers birth certificate. Is this enough to satisfy my daughters citizenship claim? Can i post the completed N600 form from Australia with these documents alone or should i include anything further?
Thank you
Submitted: 9 months ago.
Category: Immigration Law
Customer: replied 9 months ago.
My Situation is as followsMy understanding is that my daughter Tamika McNaughton - Riley was “legitimised” under both the law of the her residence at the time of her birth (Australia) and the law of the father’s residence by the following means1 - Her father (Paul Riley) signed the notification of birth. This document was signed by him with him agreeing to be registered as the father of the child under the penalty of perjury and is attached (document 1 & 2)2 - His parentage has been recognised through government bodies in Australia & Texas through the collection & enforcement of child support for the past 18 years as attached (document 3)3 - His parentage has also been acknowledged in family court proceeding regarding “parental responsibility” and orders made regarding this issue dated September 1st 2005 as attached (document 4)I want to ensure my daughter is not refused her citizenship on the basis that the citizen parent (her father) is not participating in the process.We are in the process of obtaining his birth certificate and have the attached school records document 5) and can provide further information regarding his US citizenship after his return to America in 1999, where he joined the Army (document 6).
Expert:  Jennifer Marie, Esq. replied 9 months ago.

Hello again, this is Jennifer and thanks for requesting me. As I mentioned, my internet is limited at the moment. However, the questions you are asking require reviewing of documents and I would have to send you an additional service to do that since it is beyond the scope of answering questions. If you would like I can send that to you now.

Thank you.

Customer: replied 9 months ago.
Prior to reviewing any documents can you please answer the following questions.
18 year old daughter born abroad to unwed parents. US citizen father, alien mother. Currently residing with mother in AustraliaCan my daughter apply for an N600 from Australia and how does she prove citizenship or would she be better applying for a passport.
What documents would be required for either circumstance.Does her citizen fathers physical presence in the US after her birth (when he joined the army) help?Her father is not participating in the process, how do we overcome this?What is the cost for reviewing documents when required?
Expert:  Ely replied 9 months ago.

Hello. Your previous expert has opted out and I have opted in. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Can my daughter apply for an N600 from Australia and how does she prove citizenship or would she be better applying for a passport.

She can, if she receives citizenship from her father. For this, check the nuanced facts under the chart HERE and see if her situation fits. Note that she can fall under more than one scenario - provided she satisfies at least one, that is what matters.

She will need an N-600 approved in most cases to confirm that she is a US citizen, before she can apply for a US passport.

What documents would be required for either circumstance.

Assuming she is applying for the N-600, she'd need:

-birth certificate with her father's name listed on it

-her father's proof of US Citizenship (i.e. copy of US passport bio page)

-affidavits from mother and father confirming that she is their child.
Does her citizen fathers physical presence in the US after her birth (when he joined the army) help?

Her father is not participating in the process, how do we overcome this?

I am sorry to say that this is difficult. While USCIS can process the N-600 without his affidavit, a copy of his US Passport page is required. If this is impossible to get, then the next best thing would be a certified copy of an Australian court custody/support order that lists him as the father. The point is to show that he is the legal, biological father of the child. The proof can vary, but must be clear.

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