N600k Denied

[needCZ]

The N600K that I had filed for my son has been denied. The reasons,
1. Over 18 years of Age - Even though I had filed N600K application before he became 18, he was over the age of 18 at the time of adjudicating the application. USCIS Local Office took 15 months to process the application during which the age lapsed. Where is CSPA - Child Status Protection Act?

2. Divorce Decree does not mention Child Physical Custody - My Divorce Decree does not mention about the Child Custody. Prior to divorce, he was taken outside USA without my consent. He was just 8-year-old when his mother took him out of USA. While outside USA (as a minor), he could not make a decision about his travel and could not apply for a passport until he reached a legal age of 18. At the time of divorce, the US Courts did not have jurisdiction to give custody of child residing abroad.

Now that the son is 18, he has shown interests to unite with his father and come to USA. It is a Catch-22 Situation. He could not apply for passport and travel until he is 18 (per foreign government rule) and when he became 18 and is able to travel, the US law does not permit his entry into USA by awarding his citizenship.

The letter mentions that I can appeal the decision by filing Form I-290B. I would like to defend the case by mentioning that the 8 year old son was taken out of USA without my consent. He did not have any knowledge or implications of his travel on future restrictions. He was completely oblivious to the legal process. Even though he wanted to come back to USA, he was not authorized to take decisions about his life. But now that he is over 18 and is legally able to travel, he wants to unite with his father.

Please help me.

 

[newacct]

According to the N-600K instructions, the child must take the oath (in the U.S.) before age 18. I think the denial is right.

 

[Jackolantern]

He's under 21, so if you file for his green card he can return to live in the US within about 6-12 months. Then 5 years after that he can apply for US citizenship on his own.

Where is CSPA - Child Status Protection Act?

CSPA doesn't protect aging out for N-600K purposes.

 

[needCZ]

Thank you Jackolantern. I will file for his Green Card. I can wait as he is not in a hurry to come back to USA. I doubt that he will get GC within 6 to 12 months. The N600K application took more than year.

- What is the process of applying for his Green Card? I think it is I-130.
- This time, will he age out if he turns 21 while waiting for the GC process to complete (in other words, will CSPA apply)?

Thanks.

 

[newacct]

I doubt that he will get GC within 6 to 12 months.

It should be around a year.

- What is the process of applying for his Green Card? I think it is I-130.

Yes, you first file I-130. After the I-130 is approved, you will receive more stuff and he will go through consular processing.

- This time, will he age out if he turns 21 while waiting for the GC process to complete (in other words, will CSPA apply)?

CSPA applies and the length of time the I-130 is pending is subtracted from his age.

 

[Jackolantern]

This time, will he age out if he turns 21 while waiting for the GC process to complete (in other words, will CSPA apply)?

He won't age out. Once I-130 is filed for an under-21 unmarried child of a US citizen, the age of the beneficiary is frozen at under-21 by the CSPA (but he must remain unmarried during the whole process or he will be moved into a slower category).