N600 for my minor child born out of wedlock.

#1
I am planning to file N600 for my minor child (15 yo), here's my conditions..

1. I am a father naturalized citizen, I acquired my citizenship on 2012 when I was in the Military.
2. My son was born out of wedlock, his mother is a foreign national, living abroad.
3. I have physical custody granted by Mississippi chancery court. Not sure if this will stand for legitimation, since I did not see any process for legitimation in Mississippi (anyone know about legitimation law in Mississippi)..
4. My son is a permanent resident since 2010.

Did my son derive citizenship when I naturalized? Do you guys have any advice regarding my case?
Thank you in advance.
 

newacct

Well-Known Member
#2
For your son to have automatically become a citizen under INA 320, he just have to have been a permanent resident, under 18, living in the US in your "legal and physical custody", when you were a US citizen. Although a child born out of wedlock who has been legitimated and lives with you would be presumed to be in your legal and physical custody, and you don't know whether that presumption applies because you don't know if he was legitimated, I don't think it matters because I think the court order already grants you legal custody, and he lives with you so you have physical custody.

Note that if he is already a citizen, he can just apply for a US passport directly. It is not mandatory to apply for a Certificate of Citizenship first.
 
#4
For your son to have automatically become a citizen under INA 320, he just have to have been a permanent resident, under 18, living in the US in your "legal and physical custody", when you were a US citizen. Although a child born out of wedlock who has been legitimated and lives with you would be presumed to be in your legal and physical custody, and you don't know whether that presumption applies because you don't know if he was legitimated, I don't think it matters because I think the court order already grants you legal custody, and he lives with you so you have physical custody.

Note that if he is already a citizen, he can just apply for a US passport directly. It is not mandatory to apply for a Certificate of Citizenship first.
Do I need to have both documents for legitimation and Physical custody, or any of this?
 
#5
Was your son living with you in your physical and legal custody in the US when you naturalized?
Our entry was 2010, I naturalized 2012, I received the Physical custody court order on 2017. Will the statement 'living with you in physical and legal custody' starts after I received the court order, or since our entry be considered?
 

newacct

Well-Known Member
#6
Our entry was 2010, I naturalized 2012, I received the Physical custody court order on 2017. Will the statement 'living with you in physical and legal custody' starts after I received the court order, or since our entry be considered?
The order the conditions are met doesn't matter. The conditions just have to all be simultaneously true at some moment in time (and since the child is still under 18 now, if the conditions are all met now, that proves that the child became a citizen at some point up to now).
 
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