N600 anyone?

[Pacia 12]

One of the requirements for CRBA is a US citizen parent to be physically present at least 5 yrs in the US prior to birth and if not meeting the requirements can file a N600.

anybody has filed for N600 or anyone can comment if indeed i can file N600 to replace CRBA?

[arken 4,197]

You don't just file N600 to replace CRBA. If not qualified for CRBA, you petition the child to immigrate to the US. Once the child is in the US with the immigrant visa and is living with you, he/she becomes the US Citizen. You can file for your child's passport thereafter. You can also file N600 for your child but it's optional.

[HRQX 4,145]

6 hours ago, Pacia said:

One of the requirements for CRBA is a US citizen parent to be physically present at least 5 yrs in the US prior to birth and if not meeting the requirements can file a N600.

Where is the child currently? The requirements for transmitting US citizenship at birth are the same for both CRBA and Form N-600:

• CRBA: https://fam.state.gov/fam/07fam/07fam1440.html "must show that the U.S. citizen parent had the necessary periods of physical presence in the United States or its outlying possessions to transmit U.S. citizenship to the child"
• N-600: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3 "the U.S. citizen parent(s) also have residency or physical presence requirements in the United States to transmit citizenship to a child."

 

Now there is a different form and process called "Naturalization Under Section 322" (Form N-600K). For that process, there are more options in regards to Physical presence:

Quote

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 1 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.

More info about that: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

If none of the above apply then you'll have to go the I-130 petition route. See:

• https://www.uscis.gov/i-130
• https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

Edited October 4, 2021 by HRQX

[Hank_ 9,174]

6 hours ago, Pacia said:

One of the requirements for CRBA is a US citizen parent to be physically present at least 5 yrs in the US prior to birth and if not meeting the requirements can file a N600.

anybody has filed for N600 or anyone can comment if indeed i can file N600 to replace CRBA?

Read slowly, it doesn't state 5 continuous years prior to the birth.         You haven't lived in the USA for at least 5 years of your life, with at least 2 years of that since the age of 14?

 

As has been stated already the N-600 doesn't replace CRBA.  Links were provided for the I-130 process .. etc.

 

 

https://www.visaconnection-philippines.com/crba.html

[HRQX 4,145]

18 minutes ago, Hank_ said:

Read slowly, it doesn't state 5 continuous years prior to the birth.         You haven't lived in the USA for at least 5 years of your life, with at least 2 years of that since the age of 14?

The at birth provisions (i.e. INA 301 and INA 309) do specify that the Physical presence requirements must have been met prior to the child's birth:

• https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1401&num=0&edition=prelim "prior to the birth of such person"
• https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1409&num=0&edition=prelim "had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States"

[Hank_ 9,174]

2 hours ago, HRQX said:

The at birth provisions (i.e. INA 301 and INA 309) do specify that the Physical presence requirements must have been met prior to the child's birth:

• https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1401&num=0&edition=prelim "prior to the birth of such person"
• https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1409&num=0&edition=prelim "had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States"

Of course ..  

 

I think we are saying the same thing, I was trying to clarify that the 5 year U.S. residency requirement is not in the LAST 5 years prior to birth, just need to have resided in the USA for 5 years of his life before the child was born.

 

As for presence with the mother and/or at the birth .. that is a different requirement

Edited October 4, 2021 by Hank_

[Pacia 12]

          Very well said. Thank you so much to both of you.i have a pending k1 application which is unfortunately is stuck at NVC as with so many others. Currently they are calling those with NOA2 March and April 2020. Mine is June 2020 (NOA 2) but nobody knows when i can get my fiancees appointment interview. I asked these inquiries about CRbA and N600 because one of the expedite requirements for     K1 is having a US citizen daughter. Unfortunately i wont pass the 5 yrs physical presence required and i wont pass the N600k either because i am not in the Physical custody of my daughter, too but under my Filipina Fiance.

my last question is can i file N600 and use physical presence of the Grandfather instead? Is it okay to gamble the $1,170 filing fee and later on after sub,itting everything i will be told not meeting the 5yr physical requirements inthe US. 
thanks in advance

 

[Pacia 12]

And also it does not make any sense filing for i-130 since i have to wait another year for the process. I might as well wait for my k1 pending application.

what are your thoughts pls

 

 

[HRQX 4,145]

1 hour ago, Pacia said:

I might as well wait for my k1 pending application.

The K-1 process allows derivatives so your daughter can enter as a K-2 nonimmigrant. Then after you marry your fiance they'll apply for Adjustment of Status. Your daughter would be exempt from submitting Form I-864 and would instead submit Form I-864W: https://www.uscis.gov/i-864w "Request for Exemption for Intending Immigrant's Affidavit of Support" "The intending immigrant is a child who will become a U.S. citizen upon [Form I-485 approval] under INA section 320."

1 hour ago, Pacia said:

i have a pending k1 application which is unfortunately is stuck at NVC as with so many others.

Contact NVC/embassy as soon as you can to add your daughter as a K-2 applicant. https://www.visajourney.com/forums/topic/702171-missing-my-yongest-child-k2-in-my-elgibility-letter/?do=findComment&comment=9638321

1 hour ago, Pacia said:

Is it okay to gamble the $1,170 filing fee

N-600K would be risky because of the lack of "physical custody" https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5 "The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent" Also, the N-600K process would require a B-2 visa for your daughter and she would still be subject to INA 214(b) for the naturalization trip: https://fam.state.gov/fam/09fam/09fam040202.html "Naturalization under INA 322 is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child must be under the age of 18 at the time INA 322 requirements are met. The child's intended naturalization, however, does not exempt the child from INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, provided that the parents do not intend to resume residing in the United States, whereas a child whose parents habitually reside in the United States will not."

Edited October 22, 2021 by HRQX

[Chancy 6,241]

1 hour ago, Pacia said:

I asked these inquiries about CRbA and N600 because one of the expedite requirements for     K1 is having a US citizen daughter. Unfortunately i wont pass the 5 yrs physical presence required and i wont pass the N600k either because i am not in the Physical custody of my daughter, too but under my Filipina Fiance.

 

Please confirm if these are correct -- You are the USC petitioner.  You have a daughter with your Filipina fiancee.  You have less than 5 years total physical presence in the US before your daughter was born, so you are not able to pass US citizenship to your child.

 

If the above points are correct, then your daughter has no claim to US citizenship at birth.  CRBA, N600, N600k are all not applicable.  For N600k, it doesn't matter even if your parent can meet the physical presence requirement, as you do not have physical and legal custody of your child.

 

So K1 expedite (due to having a USC minor child needing to travel) is not an option for your fiancee's case.

 

[Chancy 6,241]

4 minutes ago, HRQX said:

N-600K would be risky because of the lack of "physical custody"

 

N600k is not an option at all due to lack of legal custody.  Daughter was born out of wedlock to a Filipina mother.  Father has no parental rights, other than visitation.

 

[HRQX 4,145]

13 minutes ago, Chancy said:

Father has no parental rights, other than visitation.

*Just a note that USCIS follows it's own definition of "legal custody" for INA 322: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-322 "What are the definitions used in this part?"

Quote

Legal custody refers to the responsibility for and authority over a child.

(1) For the purpose of the CCA, the Service will presume that a U.S. citizen parent has legal custody of a child, and will recognize that U.S. citizen parent as having lawful authority over the child, absent evidence to the contrary, in the case of:

(i) A biological child who currently resides with both natural parents (who are married to each other, living in marital union, and not separated),

(ii) A biological child who currently resides with a surviving natural parent (if the other parent is deceased), or

(iii) In the case of a biological child born out of wedlock who has been legitimated and currently resides with the natural parent.

 

(2) In the case of an adopted child, a determination that a U.S. citizen parent has legal custody will be based on the existence of a final adoption decree. In the case of a child of divorced or legally separated parents, the Service will find a U.S. citizen parent to have legal custody of a child, for the purpose of the CCA, where there has been an award of primary care, control, and maintenance of a minor child to a parent by a court of law or other appropriate government entity pursuant to the laws of the state or country of residence. The Service will consider a U.S. citizen parent who has been awarded “joint custody,” to have legal custody of a child. There may be other factual circumstances under which the Service will find the U.S. citizen parent to have legal custody for purposes of the CCA.

 

Still doesn't meet the above definition since OP is not currently living with his daughter.

Edited October 22, 2021 by HRQX

[Chancy 6,241]

18 minutes ago, HRQX said:

Still doesn't meet the above definition since OP is not currently living with his daughter.

 

Yup.  And even if OP decides to live with his daughter in the Philippines, he would still not have legal custody according to this definition --

Quote

(iii) In the case of a biological child born out of wedlock who has been legitimated and currently resides with the natural parent.

And from https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2 --

Quote

The law of the child’s residence or domicile, or the law of the father’s residence or domicile, is the relevant law to determine whether a child has been legitimated.

 

So PH law on legitimation would apply if both father and child live in the Philippines.  For OP to have his child legitimated according to PH law, he would need to marry his fiancee, rendering the K1 case moot.

 

[HRQX 4,145]

14 minutes ago, Chancy said:

So PH law on legitimation would apply if both father and child live in the Philippines.

USCIS is the department that adjudicates N-600K and they tend not to focus much on the PH law when compared to how USEM properly follows PH law on the subject. USCIS approves multiple N-600Ks from there that are filed by single fathers of out-of-wedlock children when they reside together.

[Chancy 6,241]

9 minutes ago, HRQX said:

USCIS is the department that adjudicates N-600K and they tend not to focus much on the PH law when compared to how USEM properly follows PH law on the subject.

 

Yup, I'm not surprised that USCIS wouldn't care about PH law, despite what their own policy manual says about the requirements.