Am I Eligible to File for the N-600?

[hwtruong]

Am I Eligible to File for the N-600 or N-600K?

So I called the USCIS and talked with a rep. for 40 min and she said to go ahead and file the N-600. However, I recently found out that you cannot file the N-600 if you are currently living abroad. It also seems like the N-600K does not apply to me either.

Here is my current situation:

Me:
-Born in 1991 (in Canada) to married parents (I am 21 years old right now)
-Currently living in Canada (with my mother and father)

Mother:
-Born in 1962
-Currently living in Canada
-Naturalized U.S. Citizen
-Met the requirements for living in the U.S. for the specified time

Father:
-Naturalized Canadian citizen

How can I become a U.S. citizen?
Summary:
Can't use N-600 because not currently living in the U.S.
Can't use N-600K because not currently 18 or under.

 

[newacct]

Why do you think that you cannot file the N-600 if you are currently living abroad?

 

[hwtruong]

Why do you think that you cannot file the N-600 if you are currently living abroad?

I guess this was my original concern. If I am currently living abroad, do I still qualify for the N-600?

My concern is outlined below:

1) www.uscis.gov/n-600
2) Click on "Download Instructions for Form N-600 (221KB PDF)"
3) Under "Who Should Use This Form? it states:

"1. You may use this form if you claim U.S. citizenship either by action of law while residing in the United States or by having been born outside the United States to U.S. citizen parent(s).
2. If you are the biological or adopted child of a U.S. citizen, you were born outside the United States, and you are claiming citizenship by action of law, you automatically become a U.S. citizen if:
A. You have at least one parent who is a U.S. citizen, whether by birth or naturalization;
B. You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent;..."


However, I do satisfy 5. B), is this sufficient enough to file for N-600?:
"5. If you are the biological child of a U.S. citizen, you were born outside the United States and you are claiming citizenship by having been born to U.S. citizen parent(s), you automatically became a U.S. citizen at birth if:

A. You were born to two U.S. citizen parents and at least one of your parents had a residence in the United States or one if its outlying possessions. This residence had to have taken place prior to your birth; or

B. You were born to parents, one of whom is an alien and the other a U.S. citizen who, prior to your birth, had been physically present in the United States or one of its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of 14 years."

 

[Jackolantern]

If you qualify for US citizenship through your parent(s), you would do that by applying for a US passport at a consulate in Canada, not N-600. After you move to the US you can then apply for N-600.

However, it's not clear that you qualify. Which of your parents were US citizens at the time of your birth? Were they married at the time of your birth? Did you ever have a green card when you were under 18?

 

[hwtruong]

If you qualify for US citizenship through your parent(s), you would do that by applying for a US passport at a consulate in Canada, not N-600. After you move to the US you can then apply for N-600.

However, it's not clear that you qualify. Which of your parents were US citizens at the time of your birth? Were they married at the time of your birth? Did you ever have a green card when you were under 18?

I was under the impression that having a passport was almost the same as being a US citizen. If I have a passport shouldn't it be a lot easier to get citizenship than applying for the N-600? Would I be legally able to work in the US with just a passport?

My mother was a US citizen at the time of my birth.
They were married at the time of my birth.
I am not sure if I had a green card; I did live in the US with my mother for 3-4 years and attended school there for Grades 1-3.

 

[Jackolantern]

I was under the impression that having a passport was almost the same as being a US citizen.

You need to be US citizen or US national BEFORE you apply for a US passport.

If I have a passport shouldn't it be a lot easier to get citizenship than applying for the N-600? Would I be legally able to work in the US with just a passport?

Having a valid US passport is proof of US citizenship, the N-600 is also proof of US citizenship. The main difference is that the passport is an internationally recognized travel document whereas the N-600 is a certificate which is not used for travel. Also, the N-600 does not expire whereas the passport generally expires every 10 years (5 years if you're under 16 when it was issued).

And in your situation, an important difference is that you can't obtain the N-600 through a consulate, so your only option right now is the US passport.

You can legally work in the US with a US passport, or N-600+Social Security card (or other options on the I-9 list of acceptable documents).

My mother was a US citizen at the time of my birth.
They were married at the time of my birth.

Then it looks like you acquired citizenship at birth based on the following, if you can prove that your mother lived in the US for the required number of years before your birth (doesn't have to be the last 5 years before your birth, it can be any combination of time in her life before you were born, as long as it adds up to at least 5 years including 2 years after her 14th birthday).

http://travel.state.gov/law/citizenship/citizenship_5199.html

Birth Abroad to One Citizen and One Alien Parent in Wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.

Although the requirement is 5 years in your case, sometimes you have to gather evidence for 7 or 8 years because they are nitpicking about what evidence they'll accept, and often will reduce or reject evidence. For example, for school records they typically count only count 8 or 9 months per year, because one could have been abroad in the breaks between semesters.

 

[hwtruong]

You need to be US citizen or US national BEFORE you apply for a US passport.


Having a valid US passport is proof of US citizenship, the N-600 is also proof of US citizenship. The main difference is that the passport is an internationally recognized travel document whereas the N-600 is a certificate which is not used for travel. Also, the N-600 does not expire whereas the passport generally expires every 10 years (5 years if you're under 16 when it was issued).

And in your situation, an important difference is that you can't obtain the N-600 through a consulate, so your only option right now is the US passport.

You can legally work in the US with a US passport, or N-600+Social Security card (or other options on the I-9 list of acceptable documents).

1) Yes , my mom meets the physically present requirements. I just need to find the evidence for it. What are some typical documents that are used as evidence? Tax returns or something? Do they need to be originals?

2) My intention is to be legally able to work in the states (without sponsorship), am I correct in saying that obtaining a passport is the best route to go? Would I need to get a N-600 afterwards to 'officialize' my citizenship? Can I obtain a U.S. passport in Canada? What kind of supporting document is necessary to prove I'm a U.S. citizen (the same as the N-600?)? How long would this take?

3) However, just to be thorough, why can't I just fill out the N-600 and submit it to the USCIS in the states from where I am now (Canada)?

 

[Jackolantern]

2) My intention is to be legally able to work in the states (without sponsorship), am I correct in saying that obtaining a passport is the best route to go?

Yes. It's faster and cheaper than N-600, and the N-600 route has other problems because of your situation (which I'll explain at the end of this post).

Would I need to get a N-600 afterwards to 'officialize' my citizenship?

If you have a US passport the N-600 is not necessary. But it would still be advisable to get it someday, because if your passport is lost or stolen you may have to again dig up evidence of your mother's citizenship and presence in the US to prove your citizenship when applying for the replacement passport. Whereas if you have the N-600, you won't be dependent on your mother's citizenship documents ever again. And since the N-600 doesn't expire, you wouldn't have to keep renewing the passport if you want to live in the US without traveling abroad for years.

Can I obtain a U.S. passport in Canada? How long would this take?

Yes, you can obtain it through a US consulate in Canada. Typically in 3-6 weeks.

3) However, just to be thorough, why can't I just fill out the N-600 and submit it to the USCIS in the states from where I am now (Canada)?

They expect you to be in the US when you apply, and you're supposed to provide information about when and where you entered.

Second, the N-600 is not an acceptable document for entering the US. So you'll still need the US passport anyway. And you'll probably have to show up in the US at a USCIS office for a mini-interview for the N-600.

You might be thinking that you could use your Canadian passport to cross the border ... but US citizens are not supposed to use a non-US passport to enter the US. If you're attempting to enter with a non-US passport while your N-600 is pending, that could invite harsh questioning at the border.

In addition, the N-600 takes 2-6 months, while the passport is usually issued in 3-6 weeks. The N-600 is also more than triple the price.

 

[Jackolantern]

1) Yes , my mom meets the physically present requirements. I just need to find the evidence for it. What are some typical documents that are used as evidence? Tax returns or something? Do they need to be originals?

- School records/transcripts.... but be aware of them counting only 8-9 months per year as I mentioned above.

- Employment records... but these may be rejected if the job could have been done outside the US. For example, a project manager or mechanical engineer may be able to do their job in India or Japan even if employed by a US company, so the employment records don't mean anything about their time in the US. But a nurse working for a US hospital or bus driver for a US city obviously has to do their job in the US.

- Military records ... time served in the military counts as time in the US for this purpose, regardless of where one served.

For the passport application the consulate will expect original documents, or copies certified by the issuing organization. But for the N-600 you would only submit copies with the application, and then bring the originals to the interview.

 

[faysal]

Hwtruong,
Your situation is little bit complicated.
On the N-600: You can apply it from Canada, (send in the paper work to uscis local office) but you must come in to the US for interview, and you must come in with legal admission. However, it requires that you are under 18 years of age.
On applying passport at Embassy: This process requires that you apply for Report of Birth Abroad, which is equal to birth certificate, along with US passport. You can not just apply for passport alone at the embassy. This process also requires that you are under 18.
Since you are over 18, you will need to talk to someone attorney with extensive experience.
Good luck

 

[faysal]

I would like to clarify the difference between the N-600 Process and the Consular Report of Birth Abroad (CROBA). The N-600 is for children who did not acquire citizenship at birth. For example, if your mother had a Greencard at the time, you were born and she naturalized after you were born, the N-600 is option for you. You mother would have to petition for you on I-130, and once you are admitted in the US, you become citizen automatically. You can apply for a N-600 or passport. Since the N-600 is very expensive, it is ok to apply for us passport.
The Croba on the other hand is open to children who become citizen at birth. It means one of their parents was a citizen at the time of birth. In your case, since your mother was a citizen when you were born, you acquired citizen at birth, but you didn’t file the paperwork on time. Since you are over 18, an adult, there must be other avenue open for you, but I am not sure.

 

[newacct]

On the N-600: You can apply it from Canada, (send in the paper work to uscis local office) but you must come in to the US for interview, and you must come in with legal admission. However, it requires that you are under 18 years of age.

Where does it say that he needs to be under 18 years of age?

On applying passport at Embassy: This process requires that you apply for Report of Birth Abroad

Where does it say that he needs a report of birth abroad?

 

[Jackolantern]

Hwtruong,
Your situation is little bit complicated.
On the N-600: You can apply it from Canada, (send in the paper work to uscis local office) but you must come in to the US for interview, and you must come in with legal admission. However, it requires that you are under 18 years of age.

False. Although deriving citizenship must have happened before age 18, the N-600 can be applied for at any age, under or over 18.

On applying passport at Embassy: This process requires that you apply for Report of Birth Abroad, which is equal to birth certificate, along with US passport.

Again False. Applying for a passport at an embassy does not require a Consular Report of Birth Abroad (CRBA). The CRBA is only one of various options for proof of citizenship when applying for a passport at a consulate or embassy.

 

[faysal]

Newacct:
The guy is a citizen at birth. At the time of birth, his mother was us citizen. He does not need to do the N-600 because the N-600 is for childs whose parents were greencard holders at birth but later became citizen. These children didn't acquire citizenship at birth, but can acquire it through the N-600 upon lawfull admission into the US.

If you are born in a foreign country to US citizen parents (one of them or both), then you may apply CRBA and US passport at nearest Embassy. You may get this information in any embassy abroad or the state department. I did the CRBA for my son in Nairobi and I helped friends with N-600. You may with view this link of the US embassy in Nairobi... http://nairobi.usembassy.gov/rbad.html

 

[Jackolantern]

At the time of birth, his mother was us citizen. He does not need to do the N-600 because the N-600 is for childs whose parents were greencard holders at birth but later became citizen.

N-600 is also for those who obtained citizenship at birth but didn't get a Consular Report of Birth Abroad.

These children didn't acquire citizenship at birth, but can acquire it through the N-600 upon lawfull admission into the US.

Nobody acquires citizenship through the N-600 process. When the certificate is issued, that's just proof of citizenship which they already had.

Don't confuse N-600 with N-600K; the N600K involves noncitizen children acquiring citizenship at the end of the process, and they must be still under 18 to apply. Whereas N-600 applicants must already have US citizenship when applying for N-600, and they don't need to be under 18 when they apply.

 

[faysal]

The N-600 does not apply to the guy; however, if you are interested in the 18 years requirement, here is the child citizenship which est. the N-600. http://travel.state.gov/visa/immigrants/types/types_1312.html Also it is important to note when the act took effect.

 

[Jackolantern]

The N-600 does not apply to the guy;

Please stop spreading false information. The OP does is eligible for N-600. And although the conditions for acquiring citizenship through a parent must have been met before age 18, it is not necessary to apply for N-600 before 18.

 

[hwtruong]

Please stop spreading false information. The OP does is eligible for N-600. And although the conditions for acquiring citizenship through a parent must have been met before age 18, it is not necessary to apply for N-600 before 18.

My mother has informed me that she came to the U.S. in 1980, and obtained U.S. citizenship in 1985, since apparently it requires 5 years physically present in the U.S. She stayed in the U.S. until 1990 (cutting it close, not sure if this is 5 years since she naturalized and stayed in the U.S.). She moved to Canada in 1990 and in 1991 I was born.

My question is if the period of time required for her to stay in the US prior to her naturalization counts? And if so, would just the naturalization documents suffice?

 

[cafeconleche]

Yeah her time before naturalization counts. She has enough time.

 

[Jackolantern]

My mother has informed me that she came to the U.S. in 1980, and obtained U.S. citizenship in 1985, since apparently it requires 5 years physically present in the U.S.

Naturalization requires only 2.5 years of presence in the US (out of the past 5 years before applying). 1.5 years (out of the past 3 years) if obtained by marriage to a US citizen. However there are options such as 319(b) expedited citizenship or military service which allow applicants to naturalize without the usual 2.5 years or 1.5 years of physical presence.

My question is if the period of time required for her to stay in the US prior to her naturalization counts?

Time spent in the US in any status at any time in her life before your birth counts, including before naturalization and also before the green card.

And if so, would just the naturalization documents suffice?

Her naturalization certificate will be needed for proving that she was a US citizen at the time of your birth, but it won't be useful for proving her presence in the US because it doesn't give details of what rule she used to qualify (as I mentioned above, the physical presence requirement varies widely).