N-600 for a child with pending I-485

A

aaa2128

New Member
Hi,

My son was born outside the US. His I-485 was filed long back, but the approval is still pending. He has been living with both the parents continuously in the US since 2004. I applied for my citizenship and waiting for the interview.
Once I become citizen, can apply for my son's N-600 or do I need to wait till his I-485 is approved. He is 12 now.

Any help is greatly appreciated.

Regards
 
You cannot apply for his N-600 before his green card is approved, unless he qualifies for citizenship at birth based on his other parent being a citizen at the time of his birth.

How long has his I-485 been pending? Is his I-485 based on an I-130 that you or his other parent filed, or is it a derivative I-485 based on your old employment-based green card process?
 
Jackolantern said:
You cannot apply for his N-600 before his green card is approved, unless he qualifies for citizenship at birth based on his other parent being a citizen at the time of his birth.

How long has his I-485 been pending? Is his I-485 based on an I-130 that you or his other parent filed, or is it a derivative I-485 based on your old employment-based green card process?
Click to expand...

Thank you for quick reply. His priority date is Aug 2003. Our green card processing is through my husband's I-130.
I and my husband have got green cards in 07. We contacted local USCIS office regarding my son's pending I-485. They said that the applications would have got separated and so we received our approvals. Later the priority dates were pushed due to retrogression and we are still waiting for his approval.
 
aaa2128 said:
Thank you for quick reply. His priority date is Aug 2003. Our green card processing is through my husband's I-130.
I and my husband have got green cards in 07. We contacted local USCIS office regarding my son's pending I-485. They said that the applications would have got separated and so we received our approvals. Later the priority dates were pushed due to retrogression and we are still waiting for his approval.
Click to expand...

correction: green card was applied through my husband's employment, not I-130
 
Prepare to file I-130 and a new I-485 for your son once you become a citizen.

Your daughter's existing I-485 is at risk of being denied if the primary EB applicant (your husband) becomes a USC. See http://forums.immigration.com/showt...hter-s-I-485-got-denied&p=2043895#post2043895 and http://forums.immigration.com/showthread.php?p=2121348.

There is another poster anticipating a similar situation with their upcoming naturalization process, see http://forums.immigration.com/showt...e-but-spouse-s-I-485-still-pending-what-to-do
 
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