N600 Part 6

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danny90293

New Member
Hi

I am a little confused regarding Part 6 of the N600

the instructions say dates of physical presence of citizen parent after your birth but INA says the US citizen parent should have spent at least 5 years in the US before the child's birth
 
It does seem very confusing. I am guessing they are asking for dates of physical presence from your parent's birth until now, which includes dates from your birth until now (even though dates after your birth don't matter for your citizenship).

By the way, why are you applying for a Certificate of Citizenship? Why not just get a US passport, which is cheaper and faster?
 
It was essentially to avoid the restrictions a green card places on the holder.

After your reply I looked into 320


From this I understand that once
1. a child enters the US on a valid green card visa
2. the parents are naturalized citizen/(s)
3. The child is residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.
4. the child is under 18 years of age
Once These are fulfilled the child acquires citizen ship

My question here is how long after the child's admission into the US is the child considered residing in the US??
 
Hi,

I have a situation related to this. I have applied for CoCs for my children using Form N600. We satisfy all the conditions (births abroad, children have Green Cards, now resident in US with parent, under 18). But USCIS have asked me to supply physical presence evidence for the US parent! I understood that physical presence of US parent (5 years minimum of which 2 are after the age of 14) is irrelevant. Otherwise I would have used Form N600k.

Am I wrong? Are USCIS confused? Are they just asking because they can but it won't affect the application?
 
HDumpty said:
Hi,

I have a situation related to this. I have applied for CoCs for my children using Form N600. We satisfy all the conditions (births abroad, children have Green Cards, now resident in US with parent, under 18). But USCIS have asked me to supply physical presence evidence for the US parent! I understood that physical presence of US parent (5 years minimum of which 2 are after the age of 14) is irrelevant. Otherwise I would have used Form N600k.

Am I wrong? Are USCIS confused? Are they just asking because they can but it won't affect the application?
Click to expand...
Are you a naturalized citizen or By Birth
 
By birth. I lived in the US as a child, then in Europe. Husband UK citizen. All of us have now lived in the US for six months. They all have green cards.
 
HDumpty said:
By birth. I lived in the US as a child, then in Europe. Husband UK citizen. All of us have now lived in the US for six months. They all have green cards.
Click to expand...

That’s probably why they’re asking. Did you add anything specifying what clause you are applying under? They may think you’re trying to claim via your own citizenship.
 
I thought the N600 was specifically for our situation! Maybe I should have mentioned INA 320 in the covering letter.

Rereading Part 6 I can sort of interpret it (with hindsight) as they need info about my children’s physical presence, even though (I believe) that is irrelevant.

Perhaps missing out that section has opened a can of worms. I just hope it doesn’t end in a rejection. Common sense says it shouldn’t because we meet the requirements.
 
HDumpty said:
I thought the N600 was specifically for our situation! Maybe I should have mentioned INA 320 in the covering letter.
Click to expand...

Per the instructions for form N600:

You should file this application if:
1. You are requesting a Certificate of Citizenship because you were born outside the United States to a U.S. citizen parent; or
2. You are requesting a Certificate of Citizenship because you automatically became a citizen of the United States after birth, but before you turned 18 years of age. (A parent or legal guardian can also file Form N-600 on behalf of a minor child.)
 
If we were going for the five-year rule we would have done N600k. So why ask for this info even though it’s a N600?

Maybe they think “This person is applying under N600 so the children get citizenship from 2019. But since this parent has sometimes lived in the US maybe the children are entitled to citizenship from their births. Hey, I’d better check with the parent!”

So it’s perfectly harmless even though it’s scaring the bejesus out of me!
 
HDumpty said:
1) Yes
2) Yes (as soon as the children landed on US soil with green cards)
Click to expand...

I’m not sure what you’re answering. The first option is the one that requires proof of parent physical presence. I was simply showing you that there is not only one circumstance under which you use n600.
 
Ok, thanks.

My best guess is that why they are asking for this info will always remain a mystery, but all will be well in the end!
 
Since you were a US citizen at the time the children were born, the children would be automatically citizens from birth if you met the residency requirements prior to their birth. Since the Certificate of Citizenship needs to show the exact date the children became US citizens, they need to determine whether the children were US citizens at birth or not. I know you are arguing that if they weren't citizens already, they would have acquired US citizenship under INA 320 anyway, but they not only need to determine that the children are US citizens, they need to determine the exact date the children became US citizens, so they need to determine if you met the residency requirements at the time of their birth, because if you did, then the children are involuntarily US citizens at birth -- you don't get to "choose" not to have them be citizens at birth and have them acquire citizenship later. Since the children got green cards, I am assuming that the consulate determined that they were not already US citizens at that time, but USCIS needs to verify all the evidence of citizenship from scratch for issuing the Certificate of Citizenship.
 
That makes sense. We are madly trying trying to count the number of days that I was physically present in the US. I was definitely in the US for many years up to age 14. After that and before each child was born we aren't yet sure whether it is more or less than the two years.

Do they get citizenship either way? I.e. if greater than two years. Or less than two years. Just different categories? Will N600 still be ok (once we've submitted the extra info)?
 
I believe that since you were a citizen at the time of their birth they (USCIS) are trying to see if INA 301 applies to your children (citizenship at birth). If 301 applies then residency requirements of the parent come into the picture. INA 320 applies to children who do not qualify under INA 301.

look for topic "Child of a U.S. Citizen Mother and Alien Father" INA 301

and/ or the are trying to verify the residence requirement of the parent for INA 320 to apply

look at section Examples Illustrating Physical Presence and Residence in the United States


just from what I have understood so far from my trying to navigate the legal jargon
 
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