N-600 and kids age nearing 18

[nlssubbu]

Hi,

I am in the process of completing my N-400 by this August 2012 and my kid is 17 now. By the time I apply and called for interview if my kid reached 18, (I believe that N-600 may take 5 / 6 months) what are the implications? Is it necessary to abandon N-600 and file a fresh N-400? Is CSPA applicable for N-600 as well?

Thanks

 

[BigJoe5]

Hi,

I am in the process of completing my N-400 by this August 2012 and my kid is 17 now. By the time I apply and called for interview if my kid reached 18, (I believe that N-600 may take 5 / 6 months) what are the implications? Is it necessary to abandon N-600 and file a fresh N-400? Is CSPA applicable for N-600 as well?

Thanks

CSPA is inapplicable to an N-600.

http://www.slideshare.net/BigJoe5/cspa-inapplicable-to-n600s-apr292011-01e2309

An N-600 cannot be filed before at least the first parent takes the Oath of Renunciation and Allegiance whereby the child actually may derive citizenship upon meeting ALL legal conditions (before the child's 18th birthday).

Once the conditions are met the child is a USC by an action of law but you have no proof yet.

The N-600 may be filed by the derivative citizen even after reaching age 18.

Many citizenship claims are not pursued in a timely manner and these "kids" end up fighting to prove it many years after the fact while fighting deportation. That is a lousy way to do it but that is where we get our case law on topic.

 

[Jackolantern]

N-600 can only be filed after your child becomes a citizen, which in your case would mean after you complete the naturalization oath and become a citizen.

But the N-600 doesn't have to be approved or even filed before the child is 18. Once the conditions for the Child Citizenship Act have been satisfied (you become a citizen before child's 18th birthday, child has been admitted as a permanent resident, etc.), the N-600 can be filed at any age after that (although it becomes more difficult and expensive the longer you wait).

 

[nlssubbu]

Thanks you both for your quick and valuable reply. My interview is on Aug 6th and after I take oath, I will file N-600 for my kid.

 

[baikal3]

Thanks you both for your quick and valuable reply. My interview is on Aug 6th and after I take oath, I will file N-600 for my kid.

As the others have said above, it is not possible for your son to file N-600 until you are actually naturalized (that is, until you take the naturalization oath and receive your naturalization certificate - a copy of that certificate will need to be enclosed with your son's N-600 application). The period of time between the date of the naturalization interview and the date of naturalization oath depends on many factors, particularly on the frequency of oaths for a given USCIS District Office.

You mentioned that your interview is on Aug 6. But it may take a while after Aug 6 before your oath date. If your oath date is after your son turns 18, he'll not be eligible to file N-600 and will have to file N-400 instead.

How much later after your oath date is your son's birthday?

 

[nlssubbu]

As the others have said above, it is not possible for your son to file N-600 until you are actually naturalized (that is, until you take the naturalization oath and receive your naturalization certificate - a copy of that certificate will need to be enclosed with your son's N-600 application). The period of time between the date of the naturalization interview and the date of naturalization oath depends on many factors, particularly on the frequency of oaths for a given USCIS District Office.

You mentioned that your interview is on Aug 6. But it may take a while after Aug 6 before your oath date. If your oath date is after your son turns 18, he'll not be eligible to file N-600 and will have to file N-400 instead.

How much later after your oath date is your son's birthday?

It it actually my daughter In Portland, OR DO I heard that they offer same day oath but I am not sure whether me or my wife will be offered the same. She does have time till next April and I am not in a hurry.

I get conflicting information regarding N-600 though. Kids age to file N-600 determined by when the parents took the oath ceremony and if it is before 18, they are eligible to file N-600 any time during their life. [See Jack's post above].

I would appreciate, if you can check the rules and confirm as well.

Thanks

 

[baikal3]

It it actually my daughter

Oops, sorry.

In Portland, OR DO I heard that they offer same day oath but I am not sure whether me or my wife will be offered the same. She does have time till next April and I am not in a hurry.

I get conflicting information regarding N-600 though. Kids age to file N-600 determined by when the parents took the oath ceremony and if it is before 18, they are eligible to file N-600 any time during their life. [See Jack's post above].

Yes, that is correct. If you get naturalized before your daughter turns 18, she will automatically become a U.S. citizen at that point (assuming that the other conditions of the CCA are satisfied, meaning that she has a GC and is residing with you in the U.S., in your legal and physical custody at the moment of your naturalization).
Then she can file N-600 at any time later in her life, even after she turns 18.

However, it is strongly recommended in such cases that N-600 be filed as soon as possible, preferably before the child turns 18, since it is much easier then to prove to the USCIS that the conditions of the CCA have been met.

 

[nlssubbu]

Oops, sorry.



Yes, that is correct. If you get naturalized before your daughter turns 18, she will automatically become a U.S. citizen at that point (assuming that the other conditions of the CCA are satisfied, meaning that she has a GC and is residing with you in the U.S., in your legal and physical custody at the moment of your naturalization).
Then she can file N-600 at any time later in her life, even after she turns 18.

However, it is strongly recommended in such cases that N-600 be filed as soon as possible, preferably before the child turns 18, since it is much easier then to prove to the USCIS that the conditions of the CCA have been met.

Thanks for the info. I am planning to file for her as soon as I have the naturalization certificate at my end.

One more question though. As she is going for college this year which is a location different than mine, did N-600 need to be filed based on her college address or at my current residence?

Thanks

 

[baikal3]

One more question though. As she is going for college this year which is a location different than mine, did N-600 need to be filed based on her college address or at my current residence?

I am not 100% sure, but I think in such situations a student has the option of using either one (the college address or the parents' address). At least that is the case with N-400 applications.
I would suggest that she uses your address for her N-600, to avoid possible confusion.

Also, she can file a U.S. passport application right after your naturalization - this can be done in parallel with N-600.
For N-600 only a copy of your naturalization certificate and a copy of her green card will need to be enclosed.
For the passport application, they'll take your original naturalization certificate, and then return it when the passport is ready (the passport and the certificate are mailed back separately, for security purposes, but almost at the same time).