N-400 and N-600 July 2020 filers

[The Burts 6]

Hi July 2020 filers. I filed online from Arizona for our daughter 17 years (N-600) and myself (N-400) after 3 1/2 years of being here on CR-1 & CR-2 Visa. We filed July 25 and the N-400 NoA received online same day but my estimation of case conclusion is 8/2021, my daughter's came on July 28th and showing that her case is in process already. As I have been reading on Visa Journey forum, I am having hard time knowing the difference between N-600 & N-400. I think I read some people filed N-400 for minors which left me brainless. I am totally confused now, but thanks to my husband: everything is done though.

 

Are you guys practicing for US Civic Test? How is it going? I downloaded an App (US Citizenship Test 2020) on my phone which is really helpful to study for Civic Test, just in case someone would like this helpful. Good luck everyone!!!!!

Edited August 8, 2020 by The Burts

[HRQX 4,145]

3 hours ago, The Burts said:

I filed online from Arizona for our daughter 17 years (N-600)

Did your husband legally adopt her? Just being a stepchild of a US Citizen isn't enough to become a citizen automatically by INA 320. Can only file N-600 if she already (automatically) became a US citizen.

https://www.uscis.gov/forms/all-forms/n-600-application-for-certificate-of-citizenship-frequently-asked-questions "You may also file Form N-600 to obtain evidence of citizenship if you automatically became a U.S. citizen by operation of law after your birth but before you turned 18 years of age."

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Edited August 8, 2020 by HRQX

[The Burts 6]

Here, back to square one again. Now I don't know where to reply to an individual post. I dont remember where to find REPLY button. I am trying to see if this is replying to HRQX's post. If so, yes all that is in order.

[The Burts 6]

On 8/8/2020 at 1:01 AM, HRQX said:

Did your husband legally adopt her? Just being a stepchild of a US Citizen isn't enough to become a citizen automatically by INA 320. Can only file N-600 if she already (automatically) became a US citizen.

https://www.uscis.gov/forms/all-forms/n-600-application-for-certificate-of-citizenship-frequently-asked-questions "You may also file Form N-600 to obtain evidence of citizenship if you automatically became a U.S. citizen by operation of law after your birth but before you turned 18 years of age."

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Here, back to square one again. Now I don't know where to reply to an individual post. I dont remember where to find REPLY button. I am trying to see if this is replying to HRQX's post. If so, yes all that is in order.

 

I think I just found it.

[HRQX 4,145]

17 hours ago, The Burts said:

If so, yes all that is in order.

 

I think I just found it.

Yes; "Quote" = reply.

On 8/7/2020 at 9:40 PM, The Burts said:

our daughter 17 years

How many months until she turns 18? If she turns 18 before you complete the citizenship process, then she'll need to file her own N-400 as an adult (i.e. she can't file N-400 before turning 18).

Edited August 10, 2020 by HRQX

[HRQX 4,145]

8 hours ago, HRQX said:

How many months until she turns 18? If she turns 18 before you complete the citizenship process, then she'll need to file her own N-400 as an adult (i.e. she can't file N-400 before turning 18).

@The Burts: And since she entered the US with IR-2 in Feb. 2017, she won't be eligible to submit N-400 until 90 days before completing 5-year requirement of being LPR: https://www.uscis.gov/forms/uscis-early-filing-calculator So we're talking about late 2021 to start her process if you don't complete your naturalization process before she turns 18.

[The Burts 6]

On 8/10/2020 at 10:00 AM, HRQX said:

Yes; "Quote" = reply.

How many months until she turns 18? If she turns 18 before you complete the citizenship process, then she'll need to file her own N-400 as an adult (i.e. she can't file N-400 before turning 18).

8 months until her 18th birthday, but they said she became a citizen on the day she got admitted in US. Just waiting for her Citizen certificate now and they also mentioned  that she will be scheduled for an interview. I don't understand that, I thought they don't interview under 18 years children.

[The Burts 6]

On 8/10/2020 at 6:22 PM, HRQX said:

@The Burts: And since she entered the US with IR-2 in Feb. 2017, she won't be eligible to submit N-400 until 90 days before completing 5-year requirement of being LPR: https://www.uscis.gov/forms/uscis-early-filing-calculator So we're talking about late 2021 to start her process if you don't complete your naturalization process before she turns 18.

Thank you @HRQX. I am glad we finally finished with this part. We submitted N-600 for her and her online status showing that it is being processed.

[HRQX 4,145]

1 hour ago, The Burts said:

but they said she became a citizen on the day she got admitted in US.

Who said that? USCIS Policy Manual is very clear. Stepchild relationship is not sufficient to acquire citizenship per the INA: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2

A. Definition of Child

The definition of “child” for citizenship and naturalization differs from the definition used for other parts of the Immigration and Nationality Act (INA). ^[1] The INA provides two different definitions of “child.”

• One definition of child applies to approval of visa petitions, issuance of visas, and similar issues. ^[2] 

• The other definition of child applies to citizenship and naturalization. ^[3] 

The most significant difference between the two definitions of child is that a stepchild is not included in the definition relating to citizenship and naturalization. Although a stepchild may be the stepparent’s “child” for purposes of visa issuance, the stepchild is not the stepparent’s “child” for purposes of citizenship and naturalization. A stepchild is ineligible for citizenship or naturalization through the U.S. citizen stepparent, unless the stepchild is adopted and the adoption meets certain requirements. ^[4] 

 

 

That is why I asked if your husband legally adopted her in my first post in this thread.

Edited August 15, 2020 by HRQX

[HRQX 4,145]

For citizenship purposes look at INA 101(c):

"As used in subchapter III-

(1) The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 1431 and 1432 1 of this title, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)), and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.

(2) The terms "parent", "father", and "mother" include in the case of a posthumous child a deceased parent, father, and mother."