USCIS and Department of State on citizenship verification a choice of either.

I applied for a u.s passport inside America for the first time aged 38 and came into America on esta waiver via Brittish passport. I have now over stayed 4 months of the esta.

I believe I qualify for u.s citizenship under the child citizenship act 2001.

My passport application has gone for on for 6 months now applied back in may with 3 rfes and the final request rfe sent to me and responded to it a few weeks ago. Now silence.

I sent them school records showing I lived with my mother who is a u.s born citizen in Florida.

I have proven our relationship ect and proved her citizenship and custody.

Problem is they have no records of my entry in 1998 they are lost. USCIS wasn't around then.

It is illogical for them to assume an 11 year old strolled into America illegally and engaged in full time education with grades and immunisation records in the context of living with a u.s born mother. Logically It's possible but so unlikely.

These cases are judged upon the preponderance of the evidence and they won't decide if I'm a citizen or not yet.

Really frustrating I'm entitled to an adjutication and I wasn't in control of immigration record keeping because I was a child at the time and the government and my mother was in charge of my entry papers.

Estrangement from mother 20 years and don't know where she is and also it's clear she will have nothing from back then anyways.

I remember coming through customs legally aged 11 but now all FOIA requests come back no records found CPB and USCIS not around in 1998 so I was expecting it and department of state can't find anything also I assume. I sent them my FOIA s showing I tried to find records of my entry but no records found.

I noticed they subtly put "early school records" in a category of evidence of lawful admittance prior to 18 in the final request RFE

Which normally school records are not usedused for evidence of entry but evidence of custody and residence. So maybe they are accepting them as secondary evidence?

I think it might be an authentication issue with the school records because I broke the seal on the envelope and destroyed the chain of custody unknowingly. So I got the school to remail the transcripts and never opened he envelope and sent it unopened to the state department.

Speculation on my part because they never tell you directly just put up a template of evidence required of citizenship.

What will they likely do? Just never decide my case? Obviously they are seriously considering my case or they would have denied me already right?

I hear many records of entry was lost at this time frame because USCIS and CPB was in place yet and files had to be transferred later when these agencies came into place.

Any body have knowledge of this?

What will they likely decide in my case?