which form to use - my son 8years old on GC now, more than 5years

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drmdrm

New Member
Guys,

i'm preparing to apply for citizenship for my 8 year old son , who came on k3/k4 and is on GC now for more than 5years, while i'm a US citizen.

is it N-600 or does he already become citizen under CCA ?

Please note he is born in India and then came to US on k3/k4 after i got my US citizenship.

Please advise!

Thanks!
 
He might already be a US citizen if his parents naturalized, he has a valid green card and lives with his parents in the US.
N-600 is not necessary, you can get a US passport for him. Following documents are required to get a US passport:

Completed form, fees, photos.
His original green card.
Original certificate of naturalization of mother of father.
His Original birth certificate from India (both parents names listed on his birth certificate).
 
Why K3/K4? Is he your stepson, not your biological son? Stepchildren don't derive citizenship under the CCA unless they're adopted.
 
NO, it's for my biological son.

my wife & son got k3/k4 after i got my citizenship and joined me in US and then they got GC and it's been 5years since they become permanent resident.

I'm doing N-400 for my wife, but not sure about my son's form ?

Thanks!
 
drmdrm said:
NO, it's for my biological son.

my wife & son got k3/k4 after i got my citizenship and joined me in US and then they got GC and it's been 5years since they become permanent resident.

I'm doing N-400 for my wife, but not sure about my son's form ?

Thanks!
Click to expand...

It is most likely that your son is already a U.S. citizen, under the CCA provisions.
(But you have to check that all the conditions of CCA are satisfied in his case: that he is a GC holder, under 18, and is residing in the U.S. in physical and legal custody of a U.S. citizen parent).

In that case the appropriate form to file for your son is N-600, application for a certificate of citizenship. Note, however, that N-600 approval does not result in granting him U.S. citizenship - since he is a U.S. citizen already - but rather it merely results in USCIS issuing him a certificate confirming that he is a U.S. citizen.
N-600 filing in such cases is not mandatory, although it is recommended.
You can also apply for a U.S. passport for him directly, without filing N-600.

Still, it is a good idea for him to get a certificate of citizenship while he is still a minor. A certificate of citizenship is a non-expiring (unlike a U.S. passport) document confirming U.S. citizenship and it is easier to get it while he is still a minor, since it is less hassle to prove that the conditions of the CCA act are satisfied.
 
drmdrm said:
my wife & son got k3/k4 after i got my citizenship and joined me in US and then they got GC and it's been 5years since they become permanent resident.
Click to expand...

Using K4 for your own son is strange, because normally bringing a minor biological child is done via directly filing an I-130 and going for an IR visa. K4 is usually for stepchildren. But anyway you've already done the K4 and he's here and now you're worried about the next steps.

Chances are he became a US citizen when he got his green card and started living with you 5 years ago. If you apply for N-600 and provide evidence that the CCA conditions were satisfied back then, on the N-600 they will back date his citizenship to that date 5 years ago.

While the N-600 is optional, it is still advisable to apply for it before your son turns 18, so he will have a non-expiring certificate to prove his citizenship for the rest of his life, just like you have the naturalization certificate for the rest of your life.
 
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nkm-oct23 said:
He might already be a US citizen if his parents naturalized, he has a valid green card and lives with his parents in the US.
N-600 is not necessary, you can get a US passport for him. Following documents are required to get a US passport:

Completed form, fees, photos.
His original green card.
Original certificate of naturalization of mother of father.
His Original birth certificate from India (both parents names listed on his birth certificate).
Click to expand...

While it is TRUE that an N-600 is NOT required, it is also a darn good idea to file it. Why do you persist in always trying to discourage people from filing an N-600? It is bad advice.
 
BigJoe5 said:
While it is TRUE that an N-600 is NOT required, it is also a darn good idea to file it. Why do you persist in always trying to discourage people from filing an N-600? It is bad advice.
Click to expand...

I said it is not necessary to file N-600 which is true. I did not state anything in this post that discourages them from filing N-600. Don't misinterpret my post.
 
nkm-oct23 said:
I said it is not necessary to file N-600 which is true. I did not state anything in this post that discourages them from filing N-600. Don't misinterpret my post.
Click to expand...


http://forums.immigration.com/showt...-US-Passport&p=2311715&highlight=#post2311715

http://forums.immigration.com/showt...zed-paranets&p=2300516&highlight=#post2300516

You certainly have never even hinted that an N-600 would be OK or worthwhile or a good idea. If that is not subtle discouragement, I don't know what it is.
 
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