N600K Question

[miriamlee 0]

Hi

Just joined this forum as I am quite confused and would love some help please.

I am a US citzen but have never lived in the US (so I can not automatically pass on citzenship to my children. My children and I live in Australia.

I have heard that my children can be granted citzenship by way of the N-600K form using my father (US citizen) residency in the US.

Is this true?

Thanks

[Jojo92122 1,924]

Hi

Just joined this forum as I am quite confused and would love some help please.

I am a US citzen but have never lived in the US (so I can not automatically pass on citzenship to my children. My children and I live in Australia.

I have heard that my children can be granted citzenship by way of the N-600K form using my father (US citizen) residency in the US.

Is this true?

Thanks

Read this;

http://travel.state.gov/visa/immigrants/types/types_1312.html#9

What Are the Other Provisions of the Child Citizenship Act?

Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the United States Citizenship and Immigration Service (USCIS) in the Department of Homeland Security for a certificate of citizenship if the following conditions are met.

At least one parent of the child is an American citizen by birth or naturalization.

The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it.

The child is under the age of eighteen.

The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the United States Citizenship and Immigration Service in the Department of Homeland Security and go through the naturalization process.

[Jojo92122 1,924]

It's true. Use Form N-600K to naturalize your child.

The US Embassy in Australia does not offer much information on this subject, but here is a link to the US Embassy in Austria;

http://austria.usembassy.gov/dhs_children.html

Children's Citizenship (N-600K)

In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood. The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli. Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis, which holds that the country of citizenship of a child is the same as that of his/her parents. The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act (INA).

Naturalization of Children Who Regularly Reside Outside the United States (Form N-600K)

Certain children who regularly reside outside the U.S. may be eligible for citizenship under Section 322 of the INA. Form N-600K may be filed by:

A U.S. citizen parent seeking citizenship on behalf of a minor adopted or biological child under Section 322 of the INA (providing for citizenship through an application process for biological and adopted children who regularly reside outside of the U.S. and meet certain conditions while under age 18); or

If a U.S. citizen parent of a child who otherwise meets the eligibility requirements of INA 322 has died, a U.S. citizen grandparent or a U.S. legal guardian can file the application at any time within five years of the U.S. citizen parent's death.

If the child's citizen parent has not lived in the United States for at least 5 years, 2 of which were after that parent's 14th birthday, the citizen parent currently has a parent (child's grandparent) who:

Is also a U.S. citizen, and

Lived in the United States for 5 years, at least 2 of which were after the citizen grandparent's 14th birthday, and

May be living or deceased at the time of the adjudication of the application and the taking of the Oath.

There are further requirements for eligibility; see the N-600K Form for more information.

Form N-600K must be filed with one of the USCIS offices in the United States.

Form

Form N-600K (Application for Citizenship and Issuance of Certificate under Section 322)

For more information, please see the USCIS website page on "Citizenship Through Parents." In addition, the U.S. Department of State's webpage on "Citizenship and Nationality" provides guidance on some citizenship issues including information on dual nationality, documentary evidence required to establish a citizenship claim, and renunciation of U.S. citizenship.

Edited July 9, 2011 by Jojo92122

[miriamlee 0]

Thank you for help.

Does it matter which uscis office I file the forms with? Can I just choose one with the shortest processing time?

Also, if it says processing time is 5 months, is that 5months till they call you for your interview, you have your interview or citzenship is granted?

[miriamlee 0]

Hi

I am going to file n600k forms for my children. We live in Australia.

When they are called for an interview is it ok to enter the US under th VWP and have there status changed to citizen?

Thanks

[miriamlee 0]

Hi

I am a US citizen, married to an Australian with two Australian born children. I have never lived in the US so I can not automatically give my children.

I want my children to have US citizenship. I was told the only way that was possible was for them to become LPRs.

So, we decide we will move to the US. A few weeks ago I submitted I130s at the Sydney consulate for my husband and children. I have received packet 3 but have not returned any forms yet.

I have just discovered that I can apply for citizenship for my kids using n600k form and my fathers residency in US.

I would prefer to use n600k unstead of LPR because it is cheaper and there are no vaccination requirements. My kids are not vaccination so I would need a waiver for LPR.

My question is this, Can I cancel my kids i130s but leave my husbands to be processed and submit n600ks for them.

Thanks

[Ban Hammer 13,531]

duplicate topics and one related to the duplicates have been merged.

Edited July 9, 2011 by charles!