Am I eligible for N600?

A

Arthurlinhart78

New Member
I came here through a K2 visa as son of the fiance when I was 18 years old back in 2006. I filed a I485 immidiately and did not work out due to a notice got lost in the mail an we did not follow up.

Now fast forward to this day, I have a biological father who is a United States citizen that lives here in the U.S, I recently found out about a N600 form that will allow me to claim my citizenship. I'm already 26 years old and living here in the U.S. I have a social security that got issued back in 2007 and been working legally and paying my taxes. Am I at the risk of deportation due to lack of proper paperworks?

I would appreciate to get some insight about my situation. Thank you
 
N-600 is to get proof of citizenship if you are already a U.S. citizen. So your question is whether you are already a U.S. citizen.

You said your biological father is a U.S. citizen. This was not the K1 parent you came in on K2 with, right? Was your biological father a U.S. citizen when you were born? Were your biological parents married when you were born? How much time was your biological father present in the U.S. before you were born?
 
No. I came in with a k1(biological mother). He's already been here in the U.S about 4 years and became U.S citizen 4 months after I was born. My parents never got married.

I apologize for the lack of information and general knowledge about this topic. I took it for granted over the years and never cared since I failed to follow up with my I485. I'm just trying to get a hold of the whole situation before I go straight and talk to an immigration attorney.
 
Since he was not a U.S. citizen at the time you were born, you could not have gotten U.S. citizenship at birth. All the ways of getting U.S. citizenship after birth require being in the U.S. (Your father could have gotten U.S. citizenship for you when you were under 18 through the N-600K process, where you would have just had to go the the U.S. briefly to take the oath; but that didn't happen and is moot now.) I think it's pretty much certain that you are not a U.S. citizen, and thus cannot file N-600. You should focus on getting permanent residency.

It seems like you correctly filed I-485 to get permanent residency and the only reason that didn't work out is things got lost in the mail. I think you should try to get that Adjustment of Status reopened somehow, or failing that, file Adjustment of Status on the same basis again. Although you are over 21 now, and thus normally wouldn't qualify under the Immediate Relative category, the Matter of Le decision in 2011 said that a K2 can still be granted Adjustment of Status after 21, as long as they entered the U.S. while under 21, and their K1 parent married the U.S. citizen within 90 days of entry. You might want to consult an immigration attorney on this.
 
Hey, Thank you for your help. I know its time to actually talk to an attorney as I'm aware that my case got a little more complicated to my liking.
 
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