N600 or N600K - complex case

[zonga85 3]

Hi all

 

Following up from the following thread: 

 

 

Long story short: I want to have a certificate of citizenship for my son in order to avoid the situation mentioned in the thread above

 

the case is:

- he was born outside of the us when my wife and I were LPR

- we got naturalized and were living in the us at the time, thus she became a citizen, and received a passport

- we left the country soon after she became a citizen due to unforeseen personal challenges. We thought we’d come back, but couldn’t

- 1 year later made the decision to fully start living abroad.

- time for renewal of the passport, his passport was challenged but eventually issued

- don’t want to deal w it again so want to apply for CoC.

 

now - we reside abroad. is the route n600 or n600k?

 

on the one hand, it feels it should be n600 as we were living in the US when she became a citizen. However the form says “do not file if you do not regularly reside in the us”

 

i go to n600k. Residence is not a challenge but it says “do not file if automatically acquired citizenship through ina 320”, which is my son’s case.

 

any guidance appreciated.

 

ps: he’a about 6 years old now

 

 

 

 

Edited January 29 by zonga85

[Dashinka 24,480]

Based on my reading, N600k, as the note you referenced is qualified "If the child has already acquired citizenship automatically under INA sections 301, 309, 320 or on or before February 27, 2001, under the repealed INA section 321;".  My assumption is citizenship came after that date under section 320.

 

Good Luck!

[OldUser 6,608]

If I was in your shoes, I'd seek legal help from a reputable immigration lawyer.

 

Too much is at stake and this has to be well documented to overcome any doubt the child is a US citizen

[Dashinka 24,480]

A consult with a competent legal expert is certainly advisable as all my searching showed this situation was quite rare.  The child gained USC when the parent naturalized, but now is only looking to get a certificate of naturalization while living abroad.  The N600K seems the only option, but that is generally only used to get USC status for a child that is not already a USC.

[R&OC 371]

I faced the exact same question about 3 years ago. We went the N-600 route but their cases are still being processed. The immigration lawyer I talked to confirmed N-600 was the right choice and State Department actually suggests the N-600. Your child acquired his citizenship when you naturalized. N-600K would not be the right choice.