N-600K

[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.

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...

Thank you Zyggy. I was not confused as to who is entitled to derive citizenship from their parents, rather I felt that your previous post, with no link or cite, was confusing to those who have not been through the process of obtaining citizenship for their children. You are quite right, the situation the OP outlines means that the child concerned is not entitled to derive citizenship in the same way my child did. In my opinion, the I-130 route is the best option in this case.

[eau_xplain 2]

Thank you for your clarification Zyggy.

[EBONY_SEAN 1]

Thank you for your clarification Zyggy.

ZYGGY I AM A CITIZEN BY NATURALIZATION, MY SON IS 22 BUT HE CAME TO THE US WHEN HE WAS 15, IS HE AUTOMATICALLY A CITIZEN? WHAT IS MY BEST OPTION?

[zyggy 9]

Thank you for your clarification Zyggy.

ZYGGY I AM A CITIZEN BY NATURALIZATION, MY SON IS 22 BUT HE CAME TO THE US WHEN HE WAS 15, IS HE AUTOMATICALLY A CITIZEN? WHAT IS MY BEST OPTION?

That would depend on what was the age of your son when you naturalized, when you naturalized, and whether he was a Permanent Resident of the US at that time...

Edited May 9, 2007 by zyggy

[EBONY_SEAN 1]

Thank you for your clarification Zyggy.

ZYGGY I AM A CITIZEN BY NATURALIZATION, MY SON IS 22 BUT HE CAME TO THE US WHEN HE WAS 15, IS HE AUTOMATICALLY A CITIZEN? WHAT IS MY BEST OPTION?

That would depend on what was the age of your son when you naturalized, when you naturalized, and whether he was a Permanent Resident of the US at that time...

I BECAME A CITIZEN BEFORE MY SON CAME HERE AND WHEN HE DID ARRIVE HE WAS 15 AND HE CAME AS A PERMANENT RESIDENT......SO IS HE CONSIDERED AUTOMATIC? WHAT STEPS DOI NEED TO TAKE NOW THAT HE IS 22?

[zyggy 9]

Thank you for your clarification Zyggy.

ZYGGY I AM A CITIZEN BY NATURALIZATION, MY SON IS 22 BUT HE CAME TO THE US WHEN HE WAS 15, IS HE AUTOMATICALLY A CITIZEN? WHAT IS MY BEST OPTION?

That would depend on what was the age of your son when you naturalized, when you naturalized, and whether he was a Permanent Resident of the US at that time...

I BECAME A CITIZEN BEFORE MY SON CAME HERE AND WHEN HE DID ARRIVE HE WAS 15 AND HE CAME AS A PERMANENT RESIDENT......SO IS HE CONSIDERED AUTOMATIC? WHAT STEPS DOI NEED TO TAKE NOW THAT HE IS 22?

Based on what you have mentioned above, yes, it appears that your son became a US Citizen upon his entry to the US. File a N-600 to get a Certificate of Citizenship for him or file for a US Passport...

Edited May 14, 2007 by zyggy

[jcsdragon 0]

Zyggy,

I'm not sure if I fall under Sec 1433 but I have a stepdchild 9 yrs of age, though marriage. My wife has full custody of the child and both her and the child have green cards. However, all of us reside overseas due to my contract work commitments and will continue to do so potentially for years. I would like my wife and my stepchild to apply for citizenship. As a naturalized USC, I have already met the physical presence requirements. Based on these facts, am I able to submit a N600-K for my stepchild?