URGENT :- N-600 / N-600K questions

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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.
 
The US passport is a travel document AND is proof of US citizenship (unless it specifically says the individual is not a US citizen -- but that is limited to people from certain US possessions like American Samoa).

He became a US citizen when you naturalized. His US passport is proof of the US citizenship which he already obtained before his passport was issued.

N-600 is the correct form to use, because he has already obtained US citizenship. N-600K is different, because with N-600K the child lives outside the US and does not obtain citizenship until the N-600K is approved, whereas the N-600 is just proof of US citizenship which already exists and you will have to submit evidence to show that he was living in the US as an under-18 permanent resident with at least one parent who was a US citizen at the time.

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?
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If he always renews his US passport before expiration, and never loses the passport, he won't have a problem if you don't get the Certificate of Citizenship.

However, if he loses the passport or lets a long time pass after it expires, having the certificate would give him another proof of citizenship in the meanwhile, and would make renewing or replacing the passport easier.

The longer you wait, the more difficult it becomes to obtain the Certificate of Citizenship, because as time passes the evidence becomes older and less credible. So if you're going to apply for it, do it sooner rather than later.
 
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Jackolantern/ Bobsmyth,

I agree OP must have certificate of citizenship for his children at the earliest. Can you please comment on filing N-600 after relocating to India. Is it feasible and is it advisable??
 
madh4 said:
Jackolantern/ Bobsmyth,

I agree OP must have certificate of citizenship for his children at the earliest. Can you please comment on filing N-600 after relocating to India. Is it feasible and is it advisable??
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I don't see an issue in doing so since the OP's son automatically became a USC the day his parents became USC.
 
Bobsmyth said:
How so? A certified document is valid from the day it is issued and doesn't loose credibility over time.
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What certified document? I'm referring to a situation where they don't apply for the N-600, and then when their son is 25 or 30 he wants an N-600... by which time he would have been outside the US for 20+ years. He then has the task of digging up old documents to try to prove that he was living in the US with his naturalized parents as a minor 20+ years ago. They're going to require more documents for such proof than if his parents applied for the N-600 right now.
 
madh4 said:
I agree OP must have certificate of citizenship for his children at the earliest. Can you please comment on filing N-600 after relocating to India. Is it feasible and is it advisable??
Click to expand...

It should be possible to apply for it through a US consulate in India.
 
Jackolantern said:
What certified document? I'm referring to a situation where they don't apply for the N-600, and then when their son is 25 or 30 he wants an N-600... by which time he would have been outside the US for 20+ years. He then has the task of digging up old documents to try to prove that he was living in the US with his naturalized parents as a minor 20+ years ago. They're going to require more documents for such proof than if his parents applied for the N-600 right now.
Click to expand...

I think this is good common sense, taking the long view. I naturalized last week, which conferred automatic citizenship on my 16 year old LPR daughter as well. Previously, we'd been planning on filing an N-600 for her, then I had an attack of thrift and thought, why spend the money when a US passport is all she needs? But now I'm leaning back to the N-600 again, since husband has been pointing out that, what if she lets her US passport lapse at some time in her future life, then subsequently needs it? It's easy to imagine her trying to dig up proof of her old LPR status, our naturalization, etc., years after we her parents are dead and who knows what's happened to the various documents? At least if we file the N-600 then it will furnish her with a single, non-expiring document as proof of US citizenship.
 
Jackolantern, Bobsmyth and others,

I have a few more follow up questions. Thanks in advance for your patience. As you can see, my case is unusual and I have done some research.

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.
 
1. What matters is that the child WAS residing in the US with a citizen parent at the time of naturalization or after naturalization (but before age 18). The child or parents moving abroad afterwards doesn't change that historical fact.

2. "Expatriation" is referring to renouncing US citizenship, not merely moving abroad.

3. One parent - the first parent who naturalized

4 and 5: You should give his address in India, and apply for the N-600 through the consulate there. The N-600 takes 3-6 months; if you give a US address you may need to bring him back to the US to complete the process, or it would raise suspicion about you still being a US resident if you've been living and working in India for that long.

6. People have had it denied because they simply did not meet the criteria, or they were applying as adults and couldn't provide enough historical evidence to prove that they met the criteria when under 18. But I've never known of an N-600 to be denied after a US passport was been issued recently.

7. That's not going to be an issue.

8. They would have to find something wrong with the circumstances of his passport issuance. N-600 denial doesn't mean anything was wrong with the circumstances and evidence used for for passport issuance.
 
anxiouscdn2 said:
It's easy to imagine her trying to dig up proof of her old LPR status, our naturalization, etc., years after we her parents are dead and who knows what's happened to the various documents? At least if we file the N-600 then it will furnish her with a single, non-expiring document as proof of US citizenship.
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I have never read about immigration and mortality before on this board...hmmmmmmmmmmmmmmmm?? Anxious, are you concerned about your own mortality? I have plans to live until I am 965 years, Noah did it....
 
Jackolantern - Thanks very much!!!

# 3 - my wife and I naturalized on the same day. So, would it be "more correct" to choose "Both US Parents"

#4 and # 5 - I am pretty sure that the consulate in Mumbai does not process or issue Certificate of Citizenship.

Thanks again.
 
manishvora_99 said:
# 3 - my wife and I naturalized on the same day. So, would it be "more correct" to choose "Both US Parents"
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I guess so. But then you'd need to submit proof for both your naturalizations, and a copy of your marriage certificate (although you'd have to submit the marriage certificate anyway, otherwise they'd probably want to see custody papers).

#4 and # 5 - I am pretty sure that the consulate in Mumbai does not process or issue Certificate of Citizenship.
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If they don't, another consulate in India probably will. Contact them to make sure. Explain that you are applying for N-600 and not N-600K, and that your son has already been issued a US passport.
 
Good luck with the certificate of citizenship. I don't see how it could be denied, but I don't know how it is handled if you move out of country. I would expect that it should be doable.
 
Folks - I am finally all set to apply for my son's N-600. While this was earlier in the thread by Jackolantern, I am posting this question again for JackoLantern and all others, since I have some doubts.

n-600 Part 2: Which one should I select?
A) I am claiming US citizenship through :
(i) A US Citizen father or a US citizen mother or
(ii) Both US citizen parents
(iii) An alien parent(s) who naturalized

or

B) I am a US Citizen Parent applying for a Certificate of Citizenship on behalf of my minor BIOLOGICAL child.

As such, these choices are very confusing. In my case, A (i), A(ii) and A(iii) applies - because, both my wife and I were resident aliens who naturalized. Also, choice B also applies, since I am a US citizen parent who is applying for a Cert of Citizenship on behalf of my minor child.

On careful reading, I think B is the correct option... in A, the language is " I am claiming US citizenship" ... the fact is that my son became citizen by operation of law when my wife and I took oath .. so he is not claiming citizenship (since he already has it). I think B is the correct option ...since all I am doing is applying for a Cert of Citizenship on his behalf. Is there any additional meaning attached to the word BIOLOGICAL (my son was born to me and my wife)? Not sure why that word is in BOLD and CAPS in the N-600 form.

Jackolantern - pl confirm my understanding.

Thanks,
 
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manishvora_99 said:
Folks - I am finally all set to apply for my son's N-600. While this was earlier in the thread by Jackolantern, I am posting this question again for JackoLantern and all others, since I have some doubts.

n-600 Part 2: Which one should I select?
A) I am claiming US citizenship through :
(i) A US Citizen father or a US citizen mother or
(ii) Both US citizen parents
(iii) An alien parent(s) who naturalized

or

B) I am a US Citizen Parent applying for a Certificate of Citizenship on behalf of my minor BIOLOGICAL child.

As such, these choices are very confusing. In my case, A (i), A(ii) and A(iii) applies - because, both my wife and I were resident aliens who naturalized. Also, choice B also applies, since I am a US citizen parent who is applying for a Cert of Citizenship on behalf of my minor child.

On careful reading, I think B is the correct option... in A, the language is " I am claiming US citizenship" ... the fact is that my son became citizen by operation of law when my wife and I took oath .. so he is not claiming citizenship (since he already has it). I think B is the correct option ...since all I am doing is applying for a Cert of Citizenship on his behalf. Is there any additional meaning attached to the word BIOLOGICAL (my son was born to me and my wife)? Not sure why that word is in BOLD and CAPS in the N-600 form.

Jackolantern - pl confirm my understanding.

Thanks,
Click to expand...

Based on my experience, this is what I found and put in my application:

1. N-600 application is filled by a Parent if child is under 18.
2. If you are filling application for your child under 18, select B (for biological child). You sign the application.
3. Include photograph of child and other necessary documents and fees.

I did all this and got N-600 in 45 days time. Of-course time varies from one DO to another.
Good luck.
 
Folks - I got a weird leter from USCIS after filing N-600. The letter said that since my son is currently outside US, I should apply for N-600K. They sent my entire application, check and photos back.

My facts are:-

1. Both Mysellf an Wife naturalized in May 2010
2. My son was a GC holder and has lived in US for last 10 years. However, he BECAME a US CITIZEN automatically, when my wife and I naturalized.
3. We applied for his passport in June and got his passport.
4. He relocated to India in Aug 2010.
5. I filed for N-600 in Sept 2010.
6. In Oct 2010, I relocated to India. I get a letter from USCIS, suggesting that I should file N-600K and not N-600.

My question is: - As I understand, N-600 K is to be filed by non-citizens who are applying for citizenship and the certificate, whereas N-600 is just an application for the citizenship for those who are already citizens.

What should I do now?

Jackolantern, Bobsmyth and others - pl advise.

Thanks,
 
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