Is filing N-600 the right thing to do?

[EM_Vandaveer 2,440]

So this is a complicated situation.

My friend, a fellow Hungarian, who is 23 years old, was born in Hungary to her USC mother and Hungarian father. They moved to the US, when she was 2 or 3 years old, but the parents were rather clueless about immigration and did not realize that the girls (my friend has a twin sister) were USCs, did not file for CRBA. So they came in on Hungarian passports.

The father and the girls came on B1 visa, they changed in country (it was possible back then) to J-1 and J-2 respectively and later to work visa (for dad) + derivative visas (for kids). I have no idea why the USC mother did not file for at least a Green Card for her husband. As I said they were not knowledgeable about immigration.

Later the parents passed away.

Now, my friend actually has filed for a Green Card in September based on her marriage to a USC. In my opinion this should not have been done, she should have filed an N-600 instead.... But does she qualify? According to her, the answer is no, because her Mom passed away and she is over the age of 18 now.

Thank you for your input in advance.

[aaron2020 11,652]

So this is a complicated situation.

My friend, a fellow Hungarian, who is 23 years old, was born in Hungary to her USC mother and Hungarian father. They moved to the US, when she was 2 or 3 years old, but the parents were rather clueless about immigration and did not realize that the girls (my friend has a twin sister) were USCs, did not file for CRBA. So they came in on Hungarian passports.

The father and the girls came on B1 visa, they changed in country (it was possible back then) to J-1 and J-2 respectively and later to work visa (for dad) + derivative visas (for kids). I have no idea why the USC mother did not file for at least a Green Card for her husband. As I said they were not knowledgeable about immigration.

Later the parents passed away.

Now, my friend actually has filed for a Green Card in September based on her marriage to a USC. In my opinion this should not have been done, she should have filed an N-600 instead.... But does she qualify? According to her, the answer is no, because her Mom passed away and she is over the age of 18 now.

Thank you for your input in advance.

Have your friends go see an immigration lawyer. This is not a simple or typical situation, and it is probably beyond the scope of an on-line forum to help.

[EM_Vandaveer 2,440]

Yes, I told her that. But I am hoping somebody may have some insight, especially about the part if she has a claim to citizenship or not. I guess we should disregard the whole visa/Green Card issue for now.

That would be another step to deal with.

Anyone else care to chime in? Thank you!

[sib 7]

It seems like your friend gained citizenship and can file the N-600.

This is from the N-600:

If you were under 18 years of age on February 27, 2001, or were born after that date, you can acquire U.S. citizenship through your U.S. citizen mother regardless of whether you were born out of wedlock if, before you turn 18, your mother is a citizen and you are residing in the U.S. based on a lawful admission for permanent residence in the legal and physical custody of your U.S. citizen mother.

She got lawfully admitted through the B1, she was living in the states with her mother. The only thing she needs to prove that.

Best thing for her to make an infopass appointment at her local USCIS office and talk to an immigration officer about what she needs to do.

Good luck to her.

Sib

[EM_Vandaveer 2,440]

She was lawfully admitted, but not for permanent residence. I think the Child Citizenship Act is irrelevant. From the Department of State website:

Birth Abroad to One Citizen and One Alien Parent in Wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.