Photo ID for a naturalized teenager.
September 3, 2013 5:37 PM Subscribe
My younger brother is a foreign-born child of two naturalized US citizens. He has no picture ID except his school ID, and has had trouble obtaining a state-issued picture ID. He is turning 18 soon, which will make it much more difficult for him to fly, get a job, and so on. Is this something an immigration lawyer can help with, or is there another kind of professional that I can engage here?
My younger brother's ID situation is limited to his Social Security card, a non-English birth certificate issued abroad, and his high-school student ID. The DMV turned him away when he tried to get a driving permit. I think it will also be impossible for him to fill out a W-4.
He obtained US citizenship when his parents were naturalized several years ago. No separate paperwork was submitted for him because he is a minor. His parents are now divorced and he lives with his mother. As far as I can tell from the UNCIS website, he will need to file form N-600. The form is confusing and requires a variety of supporting documents, some of which may not be available because his parents are definitely not on speaking terms. It's not clear which documents are mandatory and which are optional or not applicable in his particular situation. Moreover, the form will cost $600 to file and, if my own experience with UNCIS is any indication, may take many months to process.
I don't want the responsibility of filling out his citizenship paperwork. He generally doesn't trust himself to fill it out, and our mother is unable to because of her very limited English. It may also be the wrong form, for all I know, and there's quite a lot of forms and very small print on the UNCIS site.
If you've filed this form (or a related form) and found the process simple and straightforward, I'd love to hear about your experience. Alternatively, if you've used the help of an immigration lawyer or another professional for a related service, I'd love to hear about that as well. I'd especially love to learn about the cost, if this is a standard service, because I'll probably be the one who pays for this.
Bonus: my brother wants to change his legal name when he turns 18 (right now he carries his father's last name, wants to change it to his mother's labyrinthine maiden name). Is this a good opportunity to do it, or will it make everything more complicated?
My younger brother's ID situation is limited to his Social Security card, a non-English birth certificate issued abroad, and his high-school student ID. The DMV turned him away when he tried to get a driving permit. I think it will also be impossible for him to fill out a W-4.
He obtained US citizenship when his parents were naturalized several years ago. No separate paperwork was submitted for him because he is a minor. His parents are now divorced and he lives with his mother. As far as I can tell from the UNCIS website, he will need to file form N-600. The form is confusing and requires a variety of supporting documents, some of which may not be available because his parents are definitely not on speaking terms. It's not clear which documents are mandatory and which are optional or not applicable in his particular situation. Moreover, the form will cost $600 to file and, if my own experience with UNCIS is any indication, may take many months to process.
I don't want the responsibility of filling out his citizenship paperwork. He generally doesn't trust himself to fill it out, and our mother is unable to because of her very limited English. It may also be the wrong form, for all I know, and there's quite a lot of forms and very small print on the UNCIS site.
If you've filed this form (or a related form) and found the process simple and straightforward, I'd love to hear about your experience. Alternatively, if you've used the help of an immigration lawyer or another professional for a related service, I'd love to hear about that as well. I'd especially love to learn about the cost, if this is a standard service, because I'll probably be the one who pays for this.
Bonus: my brother wants to change his legal name when he turns 18 (right now he carries his father's last name, wants to change it to his mother's labyrinthine maiden name). Is this a good opportunity to do it, or will it make everything more complicated?
I am not in any way an expert on this, but per this USCIS guide, it looks like it might be easier (and cheaper) for him to start with the application for a U.S. passport instead.
Here, from the State Department website, is the list of secondary evidence they ask for in similar (though not identical) applications:
- Your foreign birth certificate (translated to English)
- Evidence of citizenship of your U.S. citizen parent
- Your parents' marriage certificate
- A statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth
From my experience, it helps to bring just about any additional documentation he has available that demonstrates that he was in the U.S. as a minor at the time his parents were naturalized: report cards, immunization records, school photos, health care enrollment info, yearbooks, etc..
Please feel free to memail me and I can provide some additional suggestions/guidance based on your brother's/family's specific situation. I've been down a similar road before.
posted by argonauta at 7:10 PM on September 3, 2013 [1 favorite]
Here, from the State Department website, is the list of secondary evidence they ask for in similar (though not identical) applications:
- Your foreign birth certificate (translated to English)
- Evidence of citizenship of your U.S. citizen parent
- Your parents' marriage certificate
- A statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth
From my experience, it helps to bring just about any additional documentation he has available that demonstrates that he was in the U.S. as a minor at the time his parents were naturalized: report cards, immunization records, school photos, health care enrollment info, yearbooks, etc..
Please feel free to memail me and I can provide some additional suggestions/guidance based on your brother's/family's specific situation. I've been down a similar road before.
posted by argonauta at 7:10 PM on September 3, 2013 [1 favorite]
Response by poster: Thank you, yes, that would be more convenient! Messaging now…
posted by Nomyte at 7:14 PM on September 3, 2013 [1 favorite]
posted by Nomyte at 7:14 PM on September 3, 2013 [1 favorite]
Here's a legal aid leaflet detailing the sort of paperwork you'd need to get him a passport (which looks to be the same stuff as for the N-600, but it's cheaper).
I believe if you change your name within a year of acquiring a US passport, the fee is waived to get a new passport (but I could be misremembering).
posted by hoyland at 7:15 PM on September 3, 2013 [1 favorite]
I believe if you change your name within a year of acquiring a US passport, the fee is waived to get a new passport (but I could be misremembering).
posted by hoyland at 7:15 PM on September 3, 2013 [1 favorite]
it looks like it might be easier (and cheaper) for him to start with the application for a U.S. passport instead
argonauta, that evidence is for people whose parents were already U.S. citizens when they were born abroad. Since the brother is claiming citizenship through the naturalization of his parents after his birth, form DS-11 (the passport application form) says he needs "Certificate(s) of Naturalization of [his] parent(s), [his] foreign birth certificate (and official translation if the document is not in English), and proof of [his] admission to the United States for permanent residence."
Did your brother have a green card at some point?
posted by one more dead town's last parade at 7:24 PM on September 3, 2013
argonauta, that evidence is for people whose parents were already U.S. citizens when they were born abroad. Since the brother is claiming citizenship through the naturalization of his parents after his birth, form DS-11 (the passport application form) says he needs "Certificate(s) of Naturalization of [his] parent(s), [his] foreign birth certificate (and official translation if the document is not in English), and proof of [his] admission to the United States for permanent residence."
Did your brother have a green card at some point?
posted by one more dead town's last parade at 7:24 PM on September 3, 2013
Yes, passport. FWIW, I have a friend who filed the N-600 AFTER already having a passport, essentially as backup, and it was apparently pretty easy. I don't think he even hired a lawyer. This was ~4-5 years ago. Something to consider if your brother doesn't trust himself not to lose his passport.
That said, most of my parents' friends' kids are in your brother's position (as am I) and they all only have passports and to my knowledge, no one has had a problem. We're all in our mid- to late 20s now. So passport should be sufficient.
posted by matildatakesovertheworld at 7:27 PM on September 3, 2013
That said, most of my parents' friends' kids are in your brother's position (as am I) and they all only have passports and to my knowledge, no one has had a problem. We're all in our mid- to late 20s now. So passport should be sufficient.
posted by matildatakesovertheworld at 7:27 PM on September 3, 2013
Response by poster: My brother's situation is covered in M-560, which argonauta linked to, under the rubric of "I was born overseas. After I was born, my parent(s) became naturalized U.S. citizens. Could I have derived U.S. citizenship?" I hope I am reading it correctly.
My brother may still have a 17-year-old green card that shows a picture of him as an infant.
posted by Nomyte at 7:29 PM on September 3, 2013 [1 favorite]
My brother may still have a 17-year-old green card that shows a picture of him as an infant.
posted by Nomyte at 7:29 PM on September 3, 2013 [1 favorite]
My brother's situation is covered in M-560, which argonauta linked to, under the rubric of "I was born overseas. After I was born, my parent(s) became naturalized U.S. citizens. Could I have derived U.S. citizenship?" I hope I am reading it correctly.
Yes, the situation is covered in that document, but the documentation argonauta lists is for people who were born to one or two parents who were already U.S. citizens at the time of the child's birth. What your brother will need, basically, is proof that one or both of his parents naturalized, and that he was a permanent resident and under 18 when this occurred.
posted by one more dead town's last parade at 7:37 PM on September 3, 2013
Yes, the situation is covered in that document, but the documentation argonauta lists is for people who were born to one or two parents who were already U.S. citizens at the time of the child's birth. What your brother will need, basically, is proof that one or both of his parents naturalized, and that he was a permanent resident and under 18 when this occurred.
posted by one more dead town's last parade at 7:37 PM on September 3, 2013
Oh, and if cost is an issue and he's not planning on traveling anywhere that's not part of the Western Hemisphere Travel Initiative, or anywhere international by air, he can also get just a passport card as proof of citizenship. It's $80 cheaper.
posted by one more dead town's last parade at 7:40 PM on September 3, 2013
posted by one more dead town's last parade at 7:40 PM on September 3, 2013
Quick drive by comment:
1. I was also going to chime in that you should investigate the passport route first. I used to work in one of the regional passport offices; crazy documentation is more common than you think. I don't know the rules well enough anymore to say whether or not he can get his passport now, but it's definitely worth investigating.
2. I understand not wanting to take responsibility for a bureaucratic nightmare, but you should help your brother out if his parents are not able to take the lead on us. This sort of thing was beyond me when I was 18. Again - it's not that bad - your brother's situation is not all that unusual.
3. Yes, it is possible to do INS paperwork on your own. I helped my mom do hers, I have friend who became naturalized citizens, they all did it without lawyers. Your brother is already a citizen. The problem is that one or both parents need to sort through their papers to find what's applicable to your brother. A lawyer isn't going to do that for him, you know? Also, if you do need a lawyer, don't just call the first name on the bar association list. It doesn't take much to remain "in good standing" and lawyers pay to be on those lists. You want a solid recommendation from someone. I've read too many horror stories of immigration attorneys who take the money and leave their clients languishing.
posted by stowaway at 7:45 PM on September 3, 2013
1. I was also going to chime in that you should investigate the passport route first. I used to work in one of the regional passport offices; crazy documentation is more common than you think. I don't know the rules well enough anymore to say whether or not he can get his passport now, but it's definitely worth investigating.
2. I understand not wanting to take responsibility for a bureaucratic nightmare, but you should help your brother out if his parents are not able to take the lead on us. This sort of thing was beyond me when I was 18. Again - it's not that bad - your brother's situation is not all that unusual.
3. Yes, it is possible to do INS paperwork on your own. I helped my mom do hers, I have friend who became naturalized citizens, they all did it without lawyers. Your brother is already a citizen. The problem is that one or both parents need to sort through their papers to find what's applicable to your brother. A lawyer isn't going to do that for him, you know? Also, if you do need a lawyer, don't just call the first name on the bar association list. It doesn't take much to remain "in good standing" and lawyers pay to be on those lists. You want a solid recommendation from someone. I've read too many horror stories of immigration attorneys who take the money and leave their clients languishing.
posted by stowaway at 7:45 PM on September 3, 2013
I used to be a paralegal for an immigration attorney and I have actually filled out N-600's before.
I would strongly recommend that you hire an attorney. Immigration mistakes are easy to make, and incredibly, incredibly difficult to fix (I've seen my share of clients who tried to do things on their own, as well as clients who hired terrible attorneys). Contact your local bar association, they will be able to give you a reputable referral.
An attorney will also be able to tell you the processing times as well as whether a name change is possible.
posted by helloimjohnnycash at 4:48 AM on September 4, 2013 [1 favorite]
I would strongly recommend that you hire an attorney. Immigration mistakes are easy to make, and incredibly, incredibly difficult to fix (I've seen my share of clients who tried to do things on their own, as well as clients who hired terrible attorneys). Contact your local bar association, they will be able to give you a reputable referral.
An attorney will also be able to tell you the processing times as well as whether a name change is possible.
posted by helloimjohnnycash at 4:48 AM on September 4, 2013 [1 favorite]
Note that a passport is as good as a drivers license for ID needs (though not driving). I used mine to get into bars in college when I'd managed to forget my ID at home, though I'm sure he'd put it to better use.
Also, I do want to back up the 'get an attorney' votes. I work in a department full of very intelligent foreigners that I'm proud to call fellow citizens... Except the one who had his paperwork filled out by someone who did it wrong. He's been stuck on some slow track at INS despite being here the same length of time as the others. Maybe you could cut the cost by having an attorney review a form you all have filled out though. There should also be immigrant orgs to help with this stuff in your nearest mega city. They should have the process down very well.
posted by jwells at 4:59 PM on September 5, 2013
Also, I do want to back up the 'get an attorney' votes. I work in a department full of very intelligent foreigners that I'm proud to call fellow citizens... Except the one who had his paperwork filled out by someone who did it wrong. He's been stuck on some slow track at INS despite being here the same length of time as the others. Maybe you could cut the cost by having an attorney review a form you all have filled out though. There should also be immigrant orgs to help with this stuff in your nearest mega city. They should have the process down very well.
posted by jwells at 4:59 PM on September 5, 2013
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Your state's bar association should be able to provide you with a referral to an immigration lawyer in good standing. Said immigration lawyer should be able to give you a rough idea of the cost either over the phone, or after a free/cheap consultation. If they will charge you for the consultation, they should tell you so over the phone.
posted by sparklemotion at 5:50 PM on September 3, 2013