URGENT :- N-600 / N-600K clarifications

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manishvora_99

Registered Users (C)
Folks, I have a unique situation and a lot of questions. Pl be patient in reading and responding. Your help as always is much appreciated

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 wife, minor son and minor daughter relocated to India in August 2010. I plan to relocate to India by end September.


We are now thinking of applying for Certificate of Citizenship for my son.

I have few questions and would really appreciate if you could reply at the earliest.

1. Since my son has a US passport, is he a US citizen or does he not become a US citizen until he get's his Certificate of Citizenship.

2. I have heard that the US passport is issued by the Dept of State, while immigration / naturalization matters and issuance of Certificate of Citizenship is issued by Dept. of Homeland security. So, if we dont get the Certificate of Citizenship for my minor son, he is not a US citizen in the the records of the Dept of Homeland security. Is this correct?


3. Is it that the US passport is just a travel document, where as the Certificate of Citizenship is the true evidence of US citizenship?

4. In the eyes of Dept of Homeland Security, Is my son considered a Permanent Resident (beacuse he does not have his Certificate of Citizenship) or is he a Citizen, since he holds a US passport? My son has already completed the 5 year residence requirement for Citizenship.

5. What are the consequences, if we do not apply for my son's Certificate of Citizenship? In other words, is it absolutely necessary to apply for Certificate of Citizenship? What problems could he face, if we donot apply?

5a. Will he have a problem when he applies for renewal of his passport?

5b. will he have a problem, if he decides to come back to the US for higher education, etc.

5c. Since my son is residing outside of the US, does he loose his Permanent Resident Status. We still have the custody of his Green Card. I guess we will have to surrender at the time of his Citizenship interview

6. Now if we apply for his Certificate, Since, my minor son is in India, do we have to apply for N-600K or N-600? For N-600, one of the condition is that my minor son should regularly reside in the US in the legal and physical custody of
the US parent. Whereas, for N-600K, the condition is A U.S. citizen parent seeking citizenship on behalf of a minor adopted or biological child under section 322 of the Immigration and Nationality Act (INA) (providing for citizenship through
an application process for biological and adopted children who regularly reside outside of the United States and meet certain conditions while under the age of 18 years).

7. While applying for my son's N-600K, is it necessary for one of the parent to be physically resident in the US? I am asking, since the instructions require proof of residence of the parent. Is it a problem, if both the parents are not
physically resident in the US at the time of applying for N-600K or at the time of the interview. I understand that the applicant parent and my son will have to present at the time of the N-600K interivew.

8. Is it a problem, that we have applied for US passport before getting his Certificate of Citizenship.

Thanks much for your patience and response. As always, much appreciated.
 
1. Since my son has a US passport, is he a US citizen or does he not become a US citizen until he get's his Certificate of Citizenship.
... He is a citizen. COC is just a formality.

2. I have heard that the US passport is issued by the Dept of State, while immigration / naturalization matters and issuance of Certificate of Citizenship is issued by Dept. of Homeland security. So, if we dont get the Certificate of Citizenship for my minor son, he is not a US citizen in the the records of the Dept of Homeland security. Is this correct?
... WRONG. He is a citizen. The question is what does he do 30 years down the line if he lost his passport and has no other evidence to prove citizenship. That's where COC will help as there will be a record with CIS of citizenship being granted.

3. Is it that the US passport is just a travel document, where as the Certificate of Citizenship is the true evidence of US citizenship?
... NO. Passport is citizenship except in 0.0001 % of the cases someone is asked to prove how passport was obtained, and might be required to show additional proof. Note that this proof need not be COC, but a bunch of documents such as birth certificate, plus proof of custody, plus proof of staying in US, plus proof of GC and so on. So COC is better if you get it.

4. In the eyes of Dept of Homeland Security, Is my son considered a Permanent Resident (beacuse he does not have his Certificate of Citizenship) or is he a Citizen, since he holds a US passport? My son has already completed the 5 year residence requirement for Citizenship.
... NO he is not a PR, he is a citizen having procured his passport.

5. What are the consequences, if we do not apply for my son's Certificate of Citizenship? In other words, is it absolutely necessary to apply for Certificate of Citizenship? What problems could he face, if we donot apply?
... No consequences for all practical purposes (99.999% probability). Some potential issues I have described above.

5a. Will he have a problem when he applies for renewal of his passport?
... Should not

5b. will he have a problem, if he decides to come back to the US for higher education, etc.
... Should not

5c. Since my son is residing outside of the US, does he loose his Permanent Resident Status. We still have the custody of his Green Card. I guess we will have to surrender at the time of his Citizenship interview
... He has a passport right, he is not a PR. He is a citizen.

6. Now if we apply for his Certificate, Since, my minor son is in India, do we have to apply for N-600K or N-600? For N-600, one of the condition is that my minor son should regularly reside in the US in the legal and physical custody of
the US parent. Whereas, for N-600K, the condition is A U.S. citizen parent seeking citizenship on behalf of a minor adopted or biological child under section 322 of the Immigration and Nationality Act (INA) (providing for citizenship through
an application process for biological and adopted children who regularly reside outside of the United States and meet certain conditions while under the age of 18 years).
... He has a passport right, he is not a PR. He is a citizen.

7. While applying for my son's N-600K, is it necessary for one of the parent to be physically resident in the US? I am asking, since the instructions require proof of residence of the parent. Is it a problem, if both the parents are not
physically resident in the US at the time of applying for N-600K or at the time of the interview. I understand that the applicant parent and my son will have to present at the time of the N-600K interivew.
... Is there an urgency in getting it? It might be best if you apply when you are back in US, even for a few months.

8. Is it a problem, that we have applied for US passport before getting his Certificate of Citizenship.
... NO

YOU ARE THINKING TOO MUCH. YOU HAVE A VERY ACTIVE BRAIN. STOP USING IT FOR A WHILE. DONT WORRY.
AND YOU ARE READING TOO MUCH OF THIS FORUM, BUT ALL NEGATIVE EXPERIENCES.
 
sanjoseau20 - many many thanks. Just one question. Should I apply for N-600 or N-600K. Please see q 6 above.

Thanks again. And I will now stop thinking.
 
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