N600 Part 6

#21
Makes sense. This is all helping tremendously.

Now to throw the cat among the pigeons. What if due to passage of time the evidence for residence is inaccurate. By that I mean it's either not clear whether the physical presence adds up to more or less than the two years (after age 14), or isn't sufficiently robust (lack of documentation). In that case INA 320 would still be valid but INA 301 might or might not. So the child would legally be a US citizen but there might be no certainty of whether under 301 or 320. What happens then? Would they deny the Certificate? The images I've seen of the Certificates do state which INA section is relevant.
 

SusieQQQ

Well-Known Member
#23
Post age 14 either school or tax records are usually sufficient to establish if its been two years. If you can’t prove it, they can’t issue under 301.
 
#24
How long have you been residing in the US since you last arrived?
Children arrived as LPRs about six months ago.

I have almost entirely lived outside US since 14, mainly returned here for vacations with very little evidence. I'd need to find proof of dates of holidays from over 20 years ago for example. I think the dates add up to less than two years, hence INA 320. But it's hard to concretely prove either way. If it's less than two years as I believe then INA 320 gives them citizenship via green cards. If it's more than two years then INA 301 gives them citizenship. So legally they are already citizens! I can see them saying no certificate unless they know which box to check!
 
#25
I guess now only a qualified legal person can explain the difference as if I were to guess the premise of residence requirement for the parent from whom the child is deriving citizenship would be the same but the distinctions are on where they decide to reside etc.

Probably this should be posted to Mr Khanna himself directly.
 
#26
Children arrived as LPRs about six months ago.

I have almost entirely lived outside US since 14, mainly returned here for vacations with very little evidence. I'd need to find proof of dates of holidays from over 20 years ago for example. I think the dates add up to less than two years, hence INA 320. But it's hard to concretely prove either way. If it's less than two years as I believe then INA 320 gives them citizenship via green cards. If it's more than two years then INA 301 gives them citizenship. So legally they are already citizens! I can see them saying no certificate unless they know which box to check!
Any update?
 
#27
Paperwork has gone in. Sent in information about dates of physical presence. We hired an attorney. He said that N600s + INA 320 was relatively uncommon. Fingers crossed!

Anyone else going this route should definitely have a covering letter explaining that there's no physical presence requirement for INA 320.
 
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