manishvora_99
Registered Users (C)
Folks - my earlier thread seems to have gotten lost. Hence posting my query again. Thanks in advance for your patience in reading my long post. Please provide your thoughts asap.
Facts:
My wife and I became US citizens in May 2010 and both of us received our Certificate of Naturalization. We got US passports for both of us in May 2010 and as well as for my minor son (who was a permanent resident) in June 2010. My employer is offering me a job in India and hence we are relocating. My wife, minor son and minor daughter relocated to India in August 2010 (to avoid missing schools) and I plan to relocate to India by end September.
Now, I am planning to apply for N-600 for my son. Few questions.
1. On the N-600 instructions, under "Who should use form N-600", one of the conditions is: "You regularly reside in the United States in the legal and physical custody of your US citizen parent". ==> What is the meaning of "regularly reside"? Do I , my wife and my son have to regularly reside in the US at the time of making the N-600 application and until the Certificate of Citizenship is issued? Is it not enough that my son regularly resided with me and my wife in the US for the last 10 years (since 2000 to 2010) and including the 5 years after becoming a permanent resident in 2005 and that he regularly resided in the US at the time of his AUTOMATICALLY becoming a US citizen and getting a passport?
I found the following in the text of the Child Citizenship Act of 2000
SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) IN GENERAL- Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows:
“CHILDREN BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED
“SEC. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
“(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. (CONDITION MET)
“(2) The child is under the age of eighteen years. (CONDITION MET)
“(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. (CONDITION MET WHEN BOTH MY WIFE AND I NATURALIZED AS CITIZEN - BUT NOT MET WHEN I APPLY FOR N-600 FOR MY SON)
Since my son met all three conditions, it appears that he automatically becomes a US citizen. Is it necessary that the residence requirement in the US for me, my spouse and my son is required even at the time of applying for N-600 and at the time of the interview?)
2. Part 10 of N-600 form - Officer Report and Recommendation - There is a box where the immigration officer had to check whether the applicant "has" or "has not" been expatriated since that time (ie. since the date, my son automatically became a citizen). Is this applicable to my son? i.e. Has be expatriated to India? If yes, does that mean that they will deny the Certificate of Citizenship?
3. n-600 Part 2: Which one should I select? I am claiming US citizenship through : (i) A US Citizen father or a US citizen mother or (ii) Both US citizen parents
4. Address information: In part 3 (my son's information is required here) - should I provide his current address in India as the home address and mailing address or should we give our current US address (I am transferring my lease to friends or can even keep it in my name)?
5. Address information: In part 4 and 5 - for my wife and myself, should I provide our home / mailing address in India or should we give our current US address (I am transferring my lease to friends or can even keep it in my name)?
6. Have you ever heard of N-600 being denied?
7. Can the officer deny the certificate by taking a position that we always intended to relocate to India (given that our move to India is within a short duration of becoming a US Citizen. As a Citizen, don't we have the right to live in any part of the world?
8. What happens if my sons N-600 is denied? Can they take his US passport back?
Thanks for your responses. Much appreciated.
Facts:
My wife and I became US citizens in May 2010 and both of us received our Certificate of Naturalization. We got US passports for both of us in May 2010 and as well as for my minor son (who was a permanent resident) in June 2010. My employer is offering me a job in India and hence we are relocating. My wife, minor son and minor daughter relocated to India in August 2010 (to avoid missing schools) and I plan to relocate to India by end September.
Now, I am planning to apply for N-600 for my son. Few questions.
1. On the N-600 instructions, under "Who should use form N-600", one of the conditions is: "You regularly reside in the United States in the legal and physical custody of your US citizen parent". ==> What is the meaning of "regularly reside"? Do I , my wife and my son have to regularly reside in the US at the time of making the N-600 application and until the Certificate of Citizenship is issued? Is it not enough that my son regularly resided with me and my wife in the US for the last 10 years (since 2000 to 2010) and including the 5 years after becoming a permanent resident in 2005 and that he regularly resided in the US at the time of his AUTOMATICALLY becoming a US citizen and getting a passport?
I found the following in the text of the Child Citizenship Act of 2000
SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) IN GENERAL- Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows:
“CHILDREN BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED
“SEC. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
“(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. (CONDITION MET)
“(2) The child is under the age of eighteen years. (CONDITION MET)
“(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. (CONDITION MET WHEN BOTH MY WIFE AND I NATURALIZED AS CITIZEN - BUT NOT MET WHEN I APPLY FOR N-600 FOR MY SON)
Since my son met all three conditions, it appears that he automatically becomes a US citizen. Is it necessary that the residence requirement in the US for me, my spouse and my son is required even at the time of applying for N-600 and at the time of the interview?)
2. Part 10 of N-600 form - Officer Report and Recommendation - There is a box where the immigration officer had to check whether the applicant "has" or "has not" been expatriated since that time (ie. since the date, my son automatically became a citizen). Is this applicable to my son? i.e. Has be expatriated to India? If yes, does that mean that they will deny the Certificate of Citizenship?
3. n-600 Part 2: Which one should I select? I am claiming US citizenship through : (i) A US Citizen father or a US citizen mother or (ii) Both US citizen parents
4. Address information: In part 3 (my son's information is required here) - should I provide his current address in India as the home address and mailing address or should we give our current US address (I am transferring my lease to friends or can even keep it in my name)?
5. Address information: In part 4 and 5 - for my wife and myself, should I provide our home / mailing address in India or should we give our current US address (I am transferring my lease to friends or can even keep it in my name)?
6. Have you ever heard of N-600 being denied?
7. Can the officer deny the certificate by taking a position that we always intended to relocate to India (given that our move to India is within a short duration of becoming a US Citizen. As a Citizen, don't we have the right to live in any part of the world?
8. What happens if my sons N-600 is denied? Can they take his US passport back?
Thanks for your responses. Much appreciated.