Just had my interview yesterday and was accepted, now i want to bring minor into us

S

saraincubus88

Registered Users (C)
I just had my interview yesterday and I was accepted :)
I have a 3 yeah old son living in mexico because he has no papers, my goal is to bring him into the us by applying for him, I am unsure if I should immigrate him or if he becomes automatically a US citizen after I file all my paperwork.

any info is appreciated!
 
Hi,

Clarify the word accepted ;) In most cases at the end of an interview you get a form N-652 that let's you know if your application has been recommended for approval or if a decision cannot be made at the time of the interview. Then this is followed by an oath letter a few weeks later and you going to an oath ceremony. Some offices have same day oaths. Anyway, you don't become a citizen until you do the oath at the oath ceremony. Then they will give you the certificate of naturalization after you do the oath. Anyway, just want to be clear on this, as you are not a US citizen until that moment. Once you are a citizen you can file for a green card for your son. I know there is people who visit this forum that can give you details, but you can even get more answers at the family immigration forum. I think the petition is form I-130. Your son will derive citizenship once he gets his Green Card and is living with you in the US under your physical and legal custody. That's called the Child Citizenship Act of 2000 (CCA of 2000) in case you'd like to search for it in the Internet. Once all the requirements of the Child Citizenship act of 2000 are met you can apply for a passport for your son and at the same time I would recommend to apply for a certificate of citizenship for your son through form N-600. It is very important that things are done in the proper order, I mean, don't try to get a US passport for him before he has the green card approved and has set foot in the US and all (they are just a few) requirements of the CCA of 2000 are met.

Here are some details from USCIS:

Get a Green Card While Outside the United States

If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. You may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For more information on consular processing for immediate relatives of U.S. citizens, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.” The Department of State will notify you when you are eligible to apply for an immigrant visa. If you do not apply for an immigrant visa within one year following notification from the Department of State, your petition may be terminated.

This is the link to the page: http://www.uscis.gov/portal/site/us...nnel=9c8aa6c515083210VgnVCM100000082ca60aRCRD
 
hi, thanks for the info, I read this on the USCIS website, and I had understood i can just file a N600 for my son, so I have to immigrate him first?




Biological or Adopted Children Residing Outside the United States


Biological or adopted children who regularly reside outside of the United States may qualify for naturalization under section 322 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA). In general, to be eligible for citizenship under section 322 of the INA, a child must meet the following requirements:

At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death.
The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14.
The child is under the age of 18 years.
The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application).
The child is temporarily present in the United States after having entered lawfully and is maintaining lawful status in the United States.
An adopted child may be eligible for naturalization under section 322 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA.
To qualify as a “child” for purposes of this section, the person must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.

An application on behalf of an eligible child must be filed on Form N-600K, Application for Citizenship and Issuance of Certificate under section 322 of the INA. See the Citizenship and Naturalization Based Forms for more information. The Form N-600K must be filed on behalf of the child by the U.S. citizen parent. If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or U.S. citizen legal guardian may apply on behalf of the child within 5 years of the parent's death.

To obtain citizenship under section 322 of the INA, the application must be filed, approved, and the child must take the oath of allegiance, if required to do so, before the child reaches age 18.

Note: For children of some members of the military who are overseas on active duty, section 322(d) of the INA waives the requirement that the child be temporarily present in the United States and provides that any period of residence overseas on active duty qualifies as residence in the United States. For more information on children of military members, see the “Information for Members of the Military and Their Families” link to the right.

After naturalization, a child can obtain a U.S. passport if so desired. For more information on applying for a passport, visit the Department of State, Apply for a U.S. Passport webpage.
 
saraincubus88 said:
hi, thanks for the info, I read this on the USCIS website, and I had understood i can just file a N600 for my son, so I have to immigrate him first?




Biological or Adopted Children Residing Outside the United States


Biological or adopted children who regularly reside outside of the United States may qualify for naturalization under section 322 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA). In general, to be eligible for citizenship under section 322 of the INA, a child must meet the following requirements:

At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death.
The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14.
The child is under the age of 18 years.
The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application).
The child is temporarily present in the United States after having entered lawfully and is maintaining lawful status in the United States.
An adopted child may be eligible for naturalization under section 322 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA.
To qualify as a “child” for purposes of this section, the person must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.

An application on behalf of an eligible child must be filed on Form N-600K, Application for Citizenship and Issuance of Certificate under section 322 of the INA. See the Citizenship and Naturalization Based Forms for more information. The Form N-600K must be filed on behalf of the child by the U.S. citizen parent. If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or U.S. citizen legal guardian may apply on behalf of the child within 5 years of the parent's death.

To obtain citizenship under section 322 of the INA, the application must be filed, approved, and the child must take the oath of allegiance, if required to do so, before the child reaches age 18.

Note: For children of some members of the military who are overseas on active duty, section 322(d) of the INA waives the requirement that the child be temporarily present in the United States and provides that any period of residence overseas on active duty qualifies as residence in the United States. For more information on children of military members, see the “Information for Members of the Military and Their Families” link to the right.

After naturalization, a child can obtain a U.S. passport if so desired. For more information on applying for a passport, visit the Department of State, Apply for a U.S. Passport webpage.
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What you quoted is referring to children who reside outside the US with their US citizen parent. So you would have to move abroad to reside with him, and go through the N-600K process in order for him to get citizenship through this method.

If you're not going to do that, you would have to file I-130 to have him immigrate to the US and get a green card, then you can file N-600 and/or apply for his US passport. Note that N-600 and N-600K are two different things.
 
saraincubus88 said:
which process do you think is faster?
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You did not answer the question asked by Huracan: what did you mean by saying "I was accepted"?
Did you actually take the naturalization oath and receive a naturalization certificate? Or did you just get N-652 saying that your application was recommended for approval?
 
saraincubus88 said:
which process do you think is faster?
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That doesn't matter. You follow one process or the other based on where you reside. You're still in the naturalization process, so you're still a US resident. If you continue to be a US resident after naturalization, you'll use I-130 -> immigrate with green card -> N600/US passport. If you relocate to Mexico to reside (not just visit) with your son, you'll file N-600K.
 
I was just recommended for approval, I am hoping everything goes thru ok and fast, My son is currently not in a good or healthy living situation, and I want to bring him here with me as soon as possible, that is why I was curious to see what process might be faster.
 
saraincubus88 said:
I was just recommended for approval, I am hoping everything goes thru ok and fast, My son is currently not in a good or healthy living situation, and I want to bring him here with me as soon as possible, that is why I was curious to see what process might be faster.
Click to expand...

As Jackolantern said, if you want to do this while residing in the U.S., it won't really be a matter of choice: the only option you'll have will be to do I-130 + Consular Processing to bring your son here as an LPR (after which he'll be able to a get a U.S. passport and a certificate of citizenship via N-600).

However, if you yourself are willing to relocate to Mexico to live with your son there (at least for a while), you should be able to file N-600K for him from abroad and do an expediated naturalization for him that way (after which he'll be able to get a U.S. passport and come to the U.S. with you). You'll still need to make sure that he is eligible for N-600K under INA 322A: that at the time of filing N-600K you have legal and physical custody of him, that he was either born in wedlock or, if not, that he has been legitimated, etc.

In terms of the length of the process from start to end, N-600K is possibly somewhat shorter than I-130+Consular Processing since N-600K is a one-step process (directly filing an N-600K application with USCIS), while I-130+Consular Processing is a two-step process: first I-130 has to be approved by USCIS, then it gets forwarded to the State Department which conducts the Consular Processing stage.
However, to do N-600K, you yourself would need to move to Mexico, at least for a while.
 
I-130 is better if you have included your child in your application for naturalization. Normally, it takes less than a year depending on how fast you work with them and if you have all the required paperwork. The N-600k requires that you have physical and legal custody of the child. Even though the legal custody might be easy the physical custody might challange you. Also the child must be at some point be admitted legally into the usa.
On the surface the N-600K might seem easy but the I 130 is better.
 
I want to do what is faster, like I said, my son is not in a good place right now, and I was thinking about moving to Mexico as soon as I get my citizenship if the N600K is faster and if he does qualify

Thanks for the info!
 
The problem is that you have to actually reside in Mexico before your son can qualify for the N-600. So given that you're coming from the US, they'll want some evidence that you've been living in Mexico for some time; moving to Mexico and filing N-600K the next week or month might not work. So with the waiting period to establish residence, N-600K may end up not being faster overall.

In addition, there are legal custody issues. Presumably your son is in his mother's legal custody and not yours. So there could be another delay for you to establish legal custody before filing the N-600K.
 
I spoke to an Immigration lawyer yesteday, and she told me that I do not apply for the N600 , she told me that is only available for mothers who were naturalized BEFORE they give birth. is this correct? I really dont want to file the I-30 since the waiting time is allot longer than the N600 :(
 
saraincubus88 said:
I spoke to an Immigration lawyer yesteday, and she told me that I do not apply for the N600 , she told me that is only available for mothers who were naturalized BEFORE they give birth. is this correct? I really dont want to file the I-30 since the waiting time is allot longer than the N600 :(
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Ditch that lawyer. N-600 isn't only for children whose parents naturalized before their children's birth. N-600 is also available to the permanent resident children of parents who naturalized before the children turned 18. After filing I-130 and bringing your son to the US as a permanent resident, he will be eligible for N-600.
 
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