N-600K

[USnoiva 0]

Has anyone here filed an N-600K?

If so, could you let me know the process in a nut shell?

I have a stepdaughter that lives permanently overseas. Her father will soon naturalize. I understand that we must file this form so she may claim citizenship of the US under her soon-to-be USC father.

Can this citizenship claim happen completely overseas?

Does she simply go to a US consulate and apply for a US passport once the N-600K is approved?

[Nanusia & Lukaszek 0]

The process is not as simple as you may think. Just because her father will naturalize soon does not mean she gets automatic citizenship! The paperwork you are filing for takes time, and she will get a green card, not citizenship. To get a green card she must come to the US, and establish residency here. She can not continue to live abroad and claim to be a "permanent resident". To keep permanent resident status, you must be in the USA for 1 month out of the year.

[USnoiva 0]

Hi, I'm not looking for automatic citizenship, but rather for her to "claim" citizenship based on being a minor child of a biological parent being a naturalized USC.

She can claim US citizenship based on this.

What I really need is some direction from someone who has done it this way or someone who is familiar with this approach since it is not much talked about.

I would like to know the steps and what to expect if at all possible.

She must eventually need to file for a US passport I assume if the form is approved. So does anybody know if this is done from the consulate abroad?

[Dr. Obvious 49]

I found this on the topic:

6. Parents Naturalized February 27, 2001 to Present

You derive U.S. citizenship if and when all of the following three things become true: (1) one of your parents was born in the United States or has become a naturalized citizen, (2) you are under the age of 18, and (3) you have a green card (lawful permanent residence) and are living in the legal and physical custody of your U.S. citizen parent. This law applies to both natural and adopted children. This law also applies to you if your parent naturalized before February 27, 2001 but you were under age 18 and satisfied the green card and residency requirement at the time.

http://immigration.findlaw.com/immigration...ou-know(2).html

[USnoiva 0]

Thank you wacken.

If she had a green card then she would obtain "automatic" citizenship as that link describes.

Unfortunately, she is not here in the USA, she is abroad.

Upon reading the instructions for the N-600K, it gets very confusing for definitions of "legal and physical" custody and "legitimated" children. Does my husband have "legal" custody? yes. but physical? well, she has never been to the US so I guess that would be no. Ahhh

And legitimate to them, means exactly what?

She is born out of wedlock to my husband and his ex-girlfriend. The ex-girlfriend gave up custody to my husband years ago. The daughter is 12 now.

Well, I found this........

I gather that we file the N-600K when my husband naturalizes......

then, when N-600K is approved, she needs to come to the USA temporarily to "naturalize" and take oath.

So, how exactly is she to be temporarily admitted on what kind of document? It would seem that this is all covered by filing the N-600K?

Doesn't seem like many have done this route.

Now I am wondering if it would just be easier or quicker to file an I-130 and then just have her "enter" the US on the IR-3. Then, at the POE she is "AUTOMATICALLY" a citizen.

Information for Adoptive Parents with Children Residing Abroad, January 2004

Some adopted and biological children do not qualify for automatic citizenship as stated under Section 320 of the Immigration and Nationality Act. However, U.S. citizen parents may still apply for U.S. citizenship for their adopted children who permanently reside abroad.

Frequently Asked Questions on Children Residing Abroad

1) Is automatic citizenship provided for children living outside the United States?

No. In order for a foreign-born child living outside the United States to acquire citizenship, the U.S. citizen parent must still apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.

To be eligible, a child must meet the following requirements:

The child has at least one U.S. citizen parent (by birth or naturalization);

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;

The child is under 18 years of age;

The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died.

The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and

The child must meet the requirements applicable to adopted children under immigration law

If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)

If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, USCIS may waive the oath requirement.

2) I am filing for a child who lives abroad. What documents do I have to submit with the form?

If your child has not immigrated to the United States (does not have a "green card"), you should submit:

Photographs of your child,

Fee,

Your child's birth certificate,

Your birth certificate or naturalization certificate,

Your marriage certificate (if applicable),

Evidence of termination of previous marriages (if applicable),

Evidence of a full and final adoption (if applicable),

Evidence of all legal name changes (if applicable), and

Form N-600k.

3) What forms do I file and what are the fees?

You can apply for evidence of citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322) at any USCIS District Office or Sub-Office in the United States. If you are filing on behalf of an adopted minor child, the fee is $145 (all other applicants must pay $185).

4) Where should I file the forms?

If filing for a child who lives abroad, you may file the Form N-600K at any USCIS District Office or Sub Office in the United States. You and your child will need to travel to the United States to complete this application process.

5) What resources are available to answer questions about the Child Citizenship Act?

For more information about the CCA application procedures and forms, you may go to the USCIS Web site at http://uscis.gov or contact our National Customer Service Center at 1-800-375-5283. USCIS has also made available field guidance and public materials to all information officers and other front line staff to aid them in answering questions.

Hmmmmmmmmm maybe I should give Angelina Jolie a call... she must be a pro at this type of thing

Edited May 6, 2007 by USnoiva

[zyggy 9]

Hi, I'm not looking for automatic citizenship, but rather for her to "claim" citizenship based on being a minor child of a biological parent being a naturalized USC.

She can claim US citizenship based on this.

What I really need is some direction from someone who has done it this way or someone who is familiar with this approach since it is not much talked about.

I would like to know the steps and what to expect if at all possible.

She must eventually need to file for a US passport I assume if the form is approved. So does anybody know if this is done from the consulate abroad?

The N-600K wouldn't work for you... did you read the fine print...

The child has at least one U.S. citizen parent (by birth or naturalization);

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; -comment- this has to be done AFTER the citizenship has been conferred, so in an additional 5 years

The child is under 18 years of age;

The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died. comment- I don't believe this is the case for you.. if your spouse had custody she would be living with you in the US correct

The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and

The child must meet the requirements applicable to adopted children under immigration law

If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)

I think the only way you're going to be able to get US Citizenship for this child is to file an I-130 and have the child apply for a immigrant visa... and the only way that is going to happen is if the mother agrees to allow your husband to become the custodial parent... and that may take the assistance of a lawyer to make that happen...

ANd the process for Angelian Jolie is completely different... in her case she adopted the children.. that takes an I-600...

Edited May 7, 2007 by zyggy

[eau_xplain 2]

The child has at least one U.S. citizen parent (by birth or naturalization);

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; -comment- this has to be done AFTER the citizenship has been conferred, so in an additional 5 years

The child is under 18 years of age;

The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died. comment- I don't believe this is the case for you.. if your spouse had custody she would be living with you in the US correct

The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and

The child must meet the requirements applicable to adopted children under immigration law

If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)

I think the only way you're going to be able to get US Citizenship for this child is to file an I-130 and have the child apply for a immigrant visa... and the only way that is going to happen is if the mother agrees to allow your husband to become the custodial parent... and that may take the assistance of a lawyer to make that happen...

ANd the process for Angelian Jolie is completely different... in her case she adopted the children.. that takes an I-600...

Zyggy,

Does this mean that when I apply for naturalization in 2008 and am eventually granted citizenship in, let's say, 2009, my 17 y.o. son won't be able to derive US citizenship from my naturalization process? He's currently in the US as an LPR and when I read the naturalization process, I had interpreted it to mean that my son will also automatically become a USC as soon as I naturalize.

[zyggy 9]

The child has at least one U.S. citizen parent (by birth or naturalization);

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; -comment- this has to be done AFTER the citizenship has been conferred, so in an additional 5 years

The child is under 18 years of age;

The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died. comment- I don't believe this is the case for you.. if your spouse had custody she would be living with you in the US correct

The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and

The child must meet the requirements applicable to adopted children under immigration law

If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)

I think the only way you're going to be able to get US Citizenship for this child is to file an I-130 and have the child apply for a immigrant visa... and the only way that is going to happen is if the mother agrees to allow your husband to become the custodial parent... and that may take the assistance of a lawyer to make that happen...

ANd the process for Angelian Jolie is completely different... in her case she adopted the children.. that takes an I-600...

Zyggy,

Does this mean that when I apply for naturalization in 2008 and am eventually granted citizenship in, let's say, 2009, my 17 y.o. son won't be able to derive US citizenship from my naturalization process? He's currently in the US as an LPR and when I read the naturalization process, I had interpreted it to mean that my son will also automatically become a USC as soon as I naturalize.

No...

In your case, a Child under 18 whose parent becomes a US Citizen automatically becomes a US Citizen if they are a permanent resident of the US and they have legal and physical custody of the child which resides in the US...

It appears that you meet this condition... it appears that the OP does not..

Edited May 7, 2007 by zyggy

[Girona40 0]

The child has at least one U.S. citizen parent (by birth or naturalization);

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; -comment- this has to be done AFTER the citizenship has been conferred, so in an additional 5 years

The child is under 18 years of age;

The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died. comment- I don't believe this is the case for you.. if your spouse had custody she would be living with you in the US correct

The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and

The child must meet the requirements applicable to adopted children under immigration law

If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)

I think the only way you're going to be able to get US Citizenship for this child is to file an I-130 and have the child apply for a immigrant visa... and the only way that is going to happen is if the mother agrees to allow your husband to become the custodial parent... and that may take the assistance of a lawyer to make that happen...

ANd the process for Angelian Jolie is completely different... in her case she adopted the children.. that takes an I-600...

Zyggy,

Does this mean that when I apply for naturalization in 2008 and am eventually granted citizenship in, let's say, 2009, my 17 y.o. son won't be able to derive US citizenship from my naturalization process? He's currently in the US as an LPR and when I read the naturalization process, I had interpreted it to mean that my son will also automatically become a USC as soon as I naturalize.

No...

In your case, a Child under 18 whose parent becomes a US Citizen automatically becomes a US Citizen if they are a permanent resident of the US and they have legal and physical custody of the child which resides in the US...

It appears that you meet this condition... it appears that the OP does not..

That's right. On the day I became a USC my daughter automatically became a USC also. She was 17, lived with me, and was a LPR. We did not file an N-600, but chose to simply apply for a US Passport - which came in a couple of weeks. With our past USCIS experiences and the time they take to do anything, plus the cost of filing, it just made more sense to us. She hasn't needed a Naturalization Certificate for anything, and I can't see her needing one any time soon. She can file an N-600 any time in the future, if she feels the need.

[USnoiva 0]

I think the only way you're going to be able to get US Citizenship for this child is to file an I-130 and have the child apply for a immigrant visa... and the only way that is going to happen is if the mother agrees to allow your husband to become the custodial parent... and that may take the assistance of a lawyer to make that happen...

What does that mean? Custodial parent?

She has no legal rights to her daughter. They went to court and she gave up custody to my husband years ago. She never even visits her daughter. Doesn't even call on her birthday. Nobody even really knows where she is at this point.

Do you really think we are going to have to track her down for this?

All paperwork for his daughter is in his name.

[USnoiva 0]

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; -comment- this has to be done AFTER the citizenship has been conferred, so in an additional 5 years

The child is under 18 years of age;

I have looked and looked and cannot find any information stating that the "physical presence" starts AFTER the citizenship.

Where did you cite this?

Everything I have read makes no indication that this "physical presence" must be whilst in Citizen Status.

[Girona40 0]

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; -comment- this has to be done AFTER the citizenship has been conferred, so in an additional 5 years

The child is under 18 years of age;

I have looked and looked and cannot find any information stating that the "physical presence" starts AFTER the citizenship.

Where did you cite this?

Everything I have read makes no indication that this "physical presence" must be whilst in Citizen Status.

Zyggy, where did you get this information - there is no link to what you have "quoted". When my daughter became a US citizen, her citizenship derived from mine, and confirmed by USCIS officials at my Oath Ceremony, I had not been in the US 5 years, and she gained her citizenship the exact same moment I gained mine, so not sure where this information "has to be physically present in the US for five years, at least two of which were after the age of 14" comes from. Or that "this has to be done AFTER the citizenship has been conferred". That just isn't correct.

Edited May 8, 2007 by Girona40

[Girona40 0]

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; -comment- this has to be done AFTER the citizenship has been conferred, so in an additional 5 years

The child is under 18 years of age;

I have looked and looked and cannot find any information stating that the "physical presence" starts AFTER the citizenship.

Where did you cite this?

Everything I have read makes no indication that this "physical presence" must be whilst in Citizen Status.

Zyggy, where did you get this information - there is no link to what you have "quoted". When my daughter became a US citizen, her citizenship derived from mine, and confirmed by USCIS officials at my Oath Ceremony, I had not been in the US 5 years, and she gained her citizenship the exact same moment I gained mine, so not sure where this information "has to be physically present in the US for five years, at least two of which were after the age of 14" comes from. Or that "this has to be done AFTER the citizenship has been conferred". That just isn't correct.

If I am a U.S. citizen, is my child a U. S. citizen?

A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. citizen at birth.

A child who is:

born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child’s birth, or

born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child’s birth, or

adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

The child was lawfully admitted for permanent residence*; and

Either parent was a United States citizen by birth or naturalization**; and

The child was still under 18 years of age; and

The child was not married; and

The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and

If adopted, the child met the requirements of section 101(B)(1)(E) or and has had a full and final adoption; and

The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and

The child was residing in the United States in the physical custody of the U.S. citizen parent.

If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to USCIS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(B)(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

Legal Opinion

[zyggy 9]

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14; -comment- this has to be done AFTER the citizenship has been conferred, so in an additional 5 years

The child is under 18 years of age;

I have looked and looked and cannot find any information stating that the "physical presence" starts AFTER the citizenship.

Where did you cite this?

Everything I have read makes no indication that this "physical presence" must be whilst in Citizen Status.

Zyggy, where did you get this information - there is no link to what you have "quoted". When my daughter became a US citizen, her citizenship derived from mine, and confirmed by USCIS officials at my Oath Ceremony, I had not been in the US 5 years, and she gained her citizenship the exact same moment I gained mine, so not sure where this information "has to be physically present in the US for five years, at least two of which were after the age of 14" comes from. Or that "this has to be done AFTER the citizenship has been conferred". That just isn't correct.

All of you are confusing the two processes... In this case there are two distinct processes through differing parts of the INA depending on whether the child is a resident or a non-resident of the US. Remember that I was answering the question on whether or not they could use the N-600K for their daughter i.e. citizenship for a child that was not a resident of the US... There is a way to get citizenship for their foreign daughter, but not through Section 1433 of the INA at this time... and therefore by not filing an N-600K...

The path that the OP was talking about was through Section 1433 of the INA.. in this case, yes, the five years of residency must be fulfilled before one is eligible to apply for naturlaization in this Section. A N-600K petition is used solely to apply for citizenship through natualization through this Section of the INA...

Sec 1433 http://www.law.cornell.edu/uscode/uscode08...33----000-.html

A parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 1431 of this title. The Attorney General shall issue a certificate of citizenship to such applicant upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:

(1) At least one parent (or, at the time of his or her death, was) is a citizen of the United States, whether by birth or naturalization.

(2) The United States citizen parent—

(A) has (or, at the time of his or her death, had) been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or

(B) has (or, at the time of his or her death, had) a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.

(3) The child is under the age of eighteen years.

(4) The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application).

(5) The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.

As can be seen above, in order for a child to be eligible for citizenship in this path, the citizen parent must have been resident in teh US for more than 5 years before they could apply for citizenship for a child that is NOT resident in the US. There is no stipulation for automatic citizenship for a child upon naturalization of the parent once the naturalization is conferred if the child is NOT resident in the US. If the child is NOT resident in the US, the parent must have 5 years of residence before they can apply for naturalization of the non-resident child...

THe other path to citizenship through naturalization of a parent is through Section 1431 of the INA...

1431 http://www.law.cornell.edu/uscode/uscode08...31----000-.html

a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

Note Subparagraph 3...

The child must be residing in the US (i.e. permanent resident) and be in the full legal and physical custody of the citizen parent... THe OP has not fulfilled the requirements of this Section at the present time. If they want their alien daughter to get her US Citizenship through her naturalized father, then she must become a permanent resident of the US. If the father has full legal custody, then that will make getting an immigrant visa for her that much easier...

I hope this clears up the confusion that people are having... Everone who replied above, your children were able to get citizenship through the naturalization of the parent because you fulfilled the requirements of Section 1431. In the OP's case, unless their child enters the US as a Permanent Resdient before they turn 18 they will not be able to confer citizenship to their child through Section 1431. If they wish to apply for naturalization of their child under Section 1433, then they will have to wait 5 years after naturalization before they can do that... FIle the N-600 K and have her take the Citizenship oath before she turns 18...

Edited May 8, 2007 by zyggy

[USnoiva 0]

Thank you very much.

I think we are going to just file an I-130 and have her enter on an IRvisa.