N400 or N600? | IR2 - Stepchild of US Citizen, Absent for More than 6 Months

[KazuriSana 324]

Background Info:

• Step-child of U.S. citizen
• Original GC issued in 2008 (Current GC indicates residency since 08
• Absent from U.S. for more than 6 months quite often prior to 2020
• Current GC renewed in 2021, and expires in 2031
• Now in the U.S. and attending University as a LPR
• Original GC issued when holder was under 18, but is now over 21

 

Question: Does an IR2 GC holder need 5 years of continuous residency, or can this GC holder apply for naturalization (N400) now? Or should she file for a Certificate of Citizenship (N600)?

 

Will appreciate any info from those who might have had a similar case.

[Mike E 11,739]

1 minute ago, BlessedAssurance said:

Background Info:

• Step-child of U.S. citizen

1. did the U.S. citizen adopt the step child?

 

2. did the alien mother naturalize?

 

3. how old was the step-child when 1 and 2 each happened?

 

1 minute ago, BlessedAssurance said:

 

• Absent from U.S. for more than 6 months quite often prior to 2020

5 year clock has reset from 2020, though waivers are possible. 

1 minute ago, BlessedAssurance said:

Question: Does an IR2 GC holder need 5 years of continuous residency, or can this GC holder apply for naturalization (N400) now?

Likely N-400 would be denied.  She can try though.  
 

1 minute ago, BlessedAssurance said:

Or should she file for a Certificate of Citizenship (N600)?

N-600 is for people who are U.S. citizens. There isn’t enough information provided  to determine  if she is a U.S. citizen.  If she is a U.S. citizen, it is better to first apply for a passport and passport card as it is less expense to try, and multiple attempts are permitted. With N-600, you get exactly one attempt.  
 

Once a passport is successfully obtained, use the same evidence that was used to get the passport to file N-600. File N-600 online.  
 

1 minute ago, BlessedAssurance said:

 

 

[KazuriSana 324]

Thank you @Mike E I suspected the same too, about the clock resetting to 2020.

 

I am also trying to gather more info from my friend (let's call her Jane D) who is in this situation. I am not sure and highly doubt an adoption was made by the U.S. citizen [stepmother]. The stepmother was married to Jane D's father for several years and lived with him [and raised Jane D] in ForeignCountry before returning to the U.S. and later [amicably] divorcing Jane D's father. Jane D's father was not interested in and did not seek U.S. LPRncy or naturalization.

 

After divorcement, they remained close and the stepmother returned to the U.S. with Jane D when she was well below 10 years old, for about 1.5 years. However, Jane D returned to NativeCountry and completed education up to high school there, before coming back to the U.S. to live with her stepmom and attend University [in 2020]. 

[Mike E 11,739]

1. She entered on an IR-2 visa after her father and step mother (the petitioner) divorced? Interesting.  
 

2. Were they divorced or in the process of divorce before the IR-2 interview? 
 

Edited November 27, 2022 by Mike E

[da95826 387]

5 hours ago, KazuriSana said:

I am not sure and highly doubt an adoption was made by the U.S. citizen [stepmother]. The stepmother was married to Jane D's father for several years and lived with him [and raised Jane D] in ForeignCountry before returning to the U.S. and later [amicably] divorcing Jane D's father. Jane D's father was not interested in and did not seek U.S. LPRncy or naturalization.

No chance for n600 if no adoption with step mom and neither parent became US citizens. So a n400 would be correct filing when qualified to file 5 years after the last entry of a stay of more than 180 days out of the US.

[KazuriSana 324]

16 hours ago, Mike E said:

1. She entered on an IR-2 visa after her father and step mother (the petitioner) divorced? Interesting.  
 

2. Were they divorced or in the process of divorce before the IR-2 interview? 
 

She got the first GC when she was just a kid I think 5 or 7 years old, long before father and stepmother divorced. I think she initially entered on a IR-2 then, which is why her current GC category shows IR-2. Will get some more info from both father and stepmom.

[Mike E 11,739]

Sounds like she had long absences that could result in a finding of abandoning residence. For this reason she should wait until 2026 to file N-400.  I would also think carefully about leaving the USA again until taking oath of citizenship