New York & Certificates on Nonexistence

Share information about your experiences with the citizenship department of a particular Italian (or other) embassy or consulate.

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New York & Certificates on Nonexistence

Postby CPA21 » Fri Feb 12, 2010 6:48 pm

My ancestor never became an American Citizen. I have obtained numerous certificates of nonexistence from USCIS. However, the NY Consulate is rejecting all my Certificates of Nonexistence because, "I regret to inform you, however, that the certificate of Nonexistence of record, attached in PDF file, is not satisfactory because it does not specify that your ancestor never became a naturalized US citizen." As far as I have been able to determine all certificates of nonexistence have the same wording:

u.s. Department of Homeland Security....................... Certificate of Nonexistence of Record
u.s. Citizenship and Immigration Services ....................... HQORM-70/42.4 - C


I, Mike Quinn, certify to the following:

1. That I am the Chief in the Record Operations Branch, Office of Records, Headquarters, Citizenship and Immigration
Services, United States Department of Homeland Security, and by virtue of the authority contained in Section 47S(b)(1) of
the Homeland Security Act of2002, Section 290(d) ofthe Immigration and Nationality Act and 8 CFR 103.7(d)(4), I am
authorized to certify the nonexistence of an official Service record.

2. That Citizenship and Immigration Services maintains centralized records relating to immigrant aliens who entered the
United States on or after June 30, 1924, to nonimmigrant aliens who entered 011 or after June 30, 1948, and a centralized
index of all persons naturalized on or after September 27, 1906.

3. That I, or an agency employee acting at my direction, performed a search for records relating to the subject identified
below. Specifically this office searched the Central Index System (CIS), and the Master Index.

4. That after a diligent search was performed in these database systems, no record was found to exist relating to the
subject listed below.


This must be the 6th certificate of nonexistence I have obtained for my ancestor. Earlier versions had problems in that they did not cover a variety of alternate spellings of his name.

From my discussions with Mike Quinn the USCIS Certificate of Nonexistence People and the Italian Embassy work out the form and the format of the Certificate of Nonexistence. The format above is it!

Has anyone else had this problem?

Is the wording on other certificates of nonexistence any different?

I would appreciate any constructive comments
Posts: 265
Joined: Tue Sep 04, 2007 8:23 pm

Re: New York & Certificates on Nonexistence

Postby arist » Fri Feb 12, 2010 9:53 pm

what a joke...

mine has the exact wording. just part of the game ny plays... as they are becoming stricter with ancestors who haven't naturalized... maybe they want a document clearly stating "" XX XX never became an american cit.""
did you also give them a census record showing he was an alien?

my appointment is close...
Posts: 28
Joined: Sun May 31, 2009 6:40 am

Re: New York & Certificates on Nonexistence

Postby CPA21 » Fri Feb 12, 2010 10:41 pm

I provided NY with the Census record and the court searches as well. My grandfater died in 1918 and left my grandmother a widow. Until 1922 the wife's citizenship was derived from her husband. I demonstrated that my grandmother naturalized on her own 27 years after the death of her husband.

I first visited the consulate April 2008. They gave me a list of things to correct that was quite long including a comprehensived certificate of nonexistence that covered variations in the name. I returned to the consulate June 2009. I had everything they wanted. They had me fill out the paperwork to have my name recorded with one of the alternate spellings, the name we use in America. A month later I received a letter with a question about the Certificate of nonexistence and a "petition for citizenship." My ancestor had never filed a petition but I went out and obtained 2 more certificates of nonexistence that I sent in. In December they mailed back my file with the following:

(X) An Official statement issued by the U. S. Citizenship and Immigration Services, U. S. Department of Homeland Security, 1200 First Street, Washingtom, DC 20529,, specifiying that your ancestor never bacame a U. S. citizen. Such a document must show as confirmation, the full name with all aliases, the date and place of birth.

Since his certificate on nonexistence listed his place of birth as Italy I requested USCIS to change the place of birth to Palermo, Sicily, Italy. Then I was concerned that the date of birth might be a problem as they used American notation of Month/Day/year. (This was not much of a problem as his birthdate was the 21st). I e-mailed a copy of the certificate of nonexistence to the consulate with the question about the birth date.

They e-mailed me back today. My appointment is next month. When is your appointment?
Posts: 265
Joined: Tue Sep 04, 2007 8:23 pm

Re: New York & Certificates on Nonexistence

Postby arist » Sat Feb 13, 2010 10:23 am

yea this just sounds ridiculous. really sorry for you.

i'm up in X (single digit) days... (i fear the consulates hunt for us on these boards.. haha..)

will let you know how it goes...i'm expecting the worst..
Posts: 28
Joined: Sun May 31, 2009 6:40 am

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