Difference between N-600 and N-600K

[vadim0001]

Hello All,

I'm a US citizen filing N-600 (or N-600K) on behalf of my foreign-born child. Citizenship-at-birth is not an option because I cannot prove five years of physical presence. The mother is an LPR who gave birth abroad. She will travel to the US for the first time after the birth with our child.

As far as I understand and was told on this forum, the child will be stamped LPR at US POE. Yet, the explanation on travel.state.gov says, "These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents." I'm at loss: does he receive LPR or citizenship status at POE?

If obtaining citizenship based on the Child Citizenship Act, do I still need to prove five years of physical presence? As I read it, the requirement under CCA applies only to those children who reside abroad. Is that correct?

My mom, the child's grandma, holds US citizenship for very long time and she can easily prove the physical presence. Apparently, grandparent's physical presence can be used on N-600K for children-residing-abroad, and is not needed for N-600 LPR-children.

(And btw, N-600 asks for my naturalization date, which I quite don't remember. Is it ok just to write so, or should I guess?)

 

[baikal3]

Hello All,

I'm a US citizen filing N-600 (or N-600K) on behalf of my foreign-born child. Citizenship-at-birth is not an option because I cannot prove five years of physical presence. The mother is an LPR who gave birth abroad. She will travel to the US for the first time after the birth with our child.

As far as I understand and was told on this forum, the child will be stamped LPR at US POE. Yet, the explanation on travel.state.gov says, "These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents." I'm at loss: does he receive LPR or citizenship status at POE?

In a sense, both. Technically, the child will become a U.S. citizen (under the provisions of the Child Citizenship Act) right after having been admitted into the U.S. as an LPR.

If obtaining citizenship based on the Child Citizenship Act, do I still need to prove five years of physical presence?

No.

As I read it, the requirement under CCA applies only to those children who reside abroad. Is that correct?

No, in fact, exactly the opposite is true. CCA applies ONLY to those children who reside in the U.S., having been admitted as an LPR, and are living with a parent who is a U..S. citizen and in the legal and physical custody of that parent ( in this case that would be you).

My mom, the child's grandma, holds US citizenship for very long time and she can easily prove the physical presence. Apparently, grandparent's physical presence can be used on N-600K for children-residing-abroad, and is not needed for N-600 LPR-children.

You can't really use N-600K because N-600K is only for children who are residing abroad.

(And btw, N-600 asks for my naturalization date, which I quite don't remember. Is it ok just to write so, or should I guess?)

Look it up on your naturalization certificate. You still have it, don't you?

Incidentally, are you sure that your child does not qualify for citizenship at birth? You only need to prove that prior to the child's birth you have at least five years physical presence in the U.S. (in any status), with at least two of those years after the age of fourteen. Note that this physical presence period can cover your being in the U.S. in any status (not just as a U.S. citizen), including the time you have spent in the U.S. as a green card holder. Presumably you had a green card and lived in the U.S. for several years before you naturalized, correct?

 

[Jackolantern]

Incidentally, are you sure that your child does not qualify for citizenship at birth? You only need to prove that prior to the child's birth you have at least five years physical presence in the U.S. (in any status), with at least two of those years after the age of fourteen.

Looks like the OP doesn't qualify or would find it too difficult to provide the necessary proof, because of spending so much time working abroad (thereby making employment records practically useless for proving 5 years of physical presence). He unsuccessfully attempted to obtain a Consular Report of Birth Abroad.
http://forums.immigration.com/showthread.php?326385

 

[Jackolantern]

As far as I understand and was told on this forum, the child will be stamped LPR at US POE. Yet, the explanation on travel.state.gov says, "These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents." I'm at loss: does he receive LPR or citizenship status at POE?

At the POE they will only grant and recognize LPR status for your child. After that, when the N-600 is filed and approved, they will retroactively recognize citizenship as of the entry date, provided that the conditions of the Child Citizenship Act were satisfied on the entry date (the child began living with you on that same entry date, the mother didn't take the child to live elsewhere).

 

[vadim0001]

when the N-600 is filed and approved, they will retroactively recognize citizenship as of the entry date

If I understand correctly, N-600 is not a citizenship application, but simply a request for certificate. Myself, I live without one. Do I have to file N-600 for the certificate or DS-11 for the passport?

 

[baikal3]

If I understand correctly, N-600 is not a citizenship application, but simply a request for certificate. Myself, I live without one.

How did you yourself obtain U.S. citizenship?

Do I have to file N-600 for the certificate or DS-11 for the passport?

You are asking about your child, right? Technically, you do not have to file N-600 and can file a passport application directly (assuming the child qualifies under CCA or for citizenship at birth).
However, these days, with immigration laws getting tougher and individual states passing more and more immigration enforcement laws, it is a very good idea to have a non-expiring document proving U.S. citizenship, such as a certificate of naturalization. It is easier and better to get the child a certificate of citizenship now, then to do it years later if that becomes necessary.

 

[vadim0001]

It is easier and better to get the child a certificate of citizenship now, then to do it years later if that becomes necessary.

Probably yes, thanks. On other hand, the instruction for N-600 states, "USCIS may request that you present original documents at the interview." If there's an interview, then the process is not automatic at all. Am I missing something?

 

[baikal3]

Probably yes, thanks. On other hand, the instruction for N-600 states, "USCIS may request that you present original documents at the interview." If there's an interview, then the process is not automatic at all. Am I missing something?

The action of the law itself, such as the Child Citizenship Act, is automatic: the child automatically (that is, without having to ask or apply for it) becomes a U.S. citizen the moment the law's provisions are satisfied.
The N-600 approval process is most certainly not automatic: you have to prove to the USCIS that the applicant satisfies the requirements of the law in terms of deriving citizenship. Similarly, if you decide to apply for a U.S. passport for your child directly, you will still have to prove to the State Department that the child does in fact qualify for derived citizenship under the law's provisions. If you provide insufficient evidence in that regard, a passport application may be denied as well. But the denial of a passport application or of an N-600 application does not, in and of itself, imply that the child is not a U.S. citizen. Rather, it means that insufficient evidence to prove the child's U.S. citizenship was provided.

 

[Jackolantern]

If I understand correctly, N-600 is not a citizenship application, but simply a request for certificate. Myself, I live without one.

But you live with another kind of certificate that proves your citizenship, such as a naturalization certificate or US birth certificate or CRBA.

N-600 is not mandatory, as a US passport is sufficient proof of US citizenship. But I brought up the N-600 to clarify the matter of both LPR status and citizenship being granted on the same date. The N-600 shows the date when citizenship was recognized retroactively (i.e. in this case the US arrival date), whereas the passport only shows the issue date.

If you are eventually able to gather sufficient evidence of living in the US for 5 years, it's still possible to get the N-600 to recognize your child's citizenship as of the date of birth. That certificate showing the citizenship date equal to the birth date will be required if your child ever needs to prove natural born citizenship.

 

[vadim0001]

Thanks a lot for your help.