N-600 for child under 18 not residing in the US

[makeitmine 0]

Dear All,

What is the best thing to do regarding a child under 18 not residing in the US but one of his parents just recently naturalized US Citizen. What is the best protocol to use? petition him first via permanent resident or outright using N-600? Your recommendations would be highly appreciated.

Regards,

makeitmine

[aleful 1,905]

hi

to derive citizenship he first must be a LPR

the N600 asks for copy of GC

[BigDaddy28 228]

Dear All,

What is the best thing to do regarding a child under 18 not residing in the US but one of his parents just recently naturalized US Citizen. What is the best protocol to use? petition him first via permanent resident or outright using N-600? Your recommendations would be highly appreciated.

Regards,

makeitmine

You have to petition him to come here as permanent resident. When he crosses the POE that moment he becomes a US citizen automatically. You can get him a passport after that and N600 if you want.

[Jojo92122 1,924]

Dear All,

What is the best thing to do regarding a child under 18 not residing in the US but one of his parents just recently naturalized US Citizen. What is the best protocol to use? petition him first via permanent resident or outright using N-600? Your recommendations would be highly appreciated.

Regards,

makeitmine

Hi,

You are not understanding the process correctly.

1. You need to file an I-130 to petition your son. He needs a US immigration visa and a green card.

2. When your son gets his green card, he would automatically get US citizenship if he meets the 4 requirements of the Child Citizenship Act. If he does, then you can file the N-600. You need the green card to file the N-600.

[makeitmine 0]

Hi,

Appreciate all your replies to my query..let me give you a background why I posed this question..During the Naturalization oath taking ceremony last November 4 in Oakland..Director or Officer from USCIS San Francisco said and I quote him as what he said in front of 954 candidates..He explicitly mentioned about filing N-600 for minor children abroad under 18 not I-170 first..He never mentioned about the whole cycle of going thru first with PR then N-600..Last week, I called up USCIS about this about my son to the officer that he is under 18 and has a US tourist visit under my legal custody..The officer said he is qualified and eligible for N-600! now we are getting a second opinion about this as to clear the cloud about these statements from USCIS Officers..I know that there is an International convention about minors..will keep you posted

[newacct 688]

Hi,

Appreciate all your replies to my query..let me give you a background why I posed this question..During the Naturalization oath taking ceremony last November 4 in Oakland..Director or Officer from USCIS San Francisco said and I quote him as what he said in front of 954 candidates..He explicitly mentioned about filing N-600 for minor children abroad under 18 not I-170 first..He never mentioned about the whole cycle of going thru first with PR then N-600..Last week, I called up USCIS about this about my son to the officer that he is under 18 and has a US tourist visit under my legal custody..The officer said he is qualified and eligible for N-600! now we are getting a second opinion about this as to clear the cloud about these statements from USCIS Officers..I know that there is an International convention about minors..will keep you posted

You don't need to get second opinions because this is not a matter of opinion. The law is very clear and there is no leeway or discretion involved. There is no "international convention" or anything else. US citizenship is a matter of US law. INA 320 gives automatic US citizenship to a child who is an LPR, under 18, living in the US with a US citizen parent. N-600 can only be applied for people who are already US citizens. Your child is not a US citizen under any provision of law. There is also the INA 322 process (with N-600K) to apply for naturalization for children residing abroad, but that is only for children who remain residing abroad, not children who are relocating to the US, so it is inapplicable to your child.

Edited November 10, 2015 by newacct

[Eric-Pris 1,607]

You have to petition him to come here as permanent resident. When he crosses the POE that moment he becomes a US citizen automatically. You can get him a passport after that and N600 if you want.

+1.. This is 100% correct.

-You petition him with an I-130.

-He gets approved for the visa

-He enters the US at POE and goes to secondary processing where he will be processed

-He automatically becomes US citizen at the moment he enters the US, no need for green card (don't even have to pay the $165 green card fee; they will send you reminders for a few months, just ignore them, you have no need for a green card)

-Take the kid's passport with entry stamp and the parent's naturalization certificate and get the kid a US passport (naturalization certificate for the kid is a waste of money in my opinion, the US passport is proof of US citizenship)