Certificate of Citizenship (N-600) for 12 year old

[mejms 0]

I filed the N-600 for my adopted son and received confirmation of receipt by USCIS about a month ago.  We'll be moving out of the country for an extended period of time (~2 years).  

 

He currently has a green card, but from what I understand, he's actually a US citizen.  But, since he doesn't have a passport or US birth certificate, the certificate of citizenship via N-600 is required in order to prove citizenship.

 

Two questions:

 

1) Does anyone know if physical presence is required for the N-600 to be approved?  I assume that I would return to the US to pick up the certificate when ready.  My son is 12, so I imagine that he doesn't need to be present or do any biometrics.

 

2) Given all this, would he need an I-131 (re-entry permit) to be filed for our extended residence abroad?

[Jojo92122 1,924]

If your adopted son meets all the requirements of the Child Citizenship Act, then US citizenship is automatic without ANY conditions. 

 

Accordingly,

 

1.  Physical presence for the N-600 is not required.  Your son is applying for proof of his US citizenship automatically acquired under the CCA, so there CAN NOT be any further conditions for him to get the proof.

 

2.  US citizens do not need Re-Entry Permits.  If your son automatically acquired US citizenship under the CCA, then he would not need or qualify for a Re-Entry Permit.

------

Your son does not need the N-600.  Get it now that you've paid for it.  All your son needed for proof of US citizenship is to apply for his US passport which would have cost about $140.

[williamAR 17]

1) Does anyone know if physical presence is required for the N-600 to be approved?  I assume that I would return to the US to pick up the certificate when ready.  My son is 12, so I imagine that he doesn't need to be present or do any biometrics.

 

Physical presence is only required for citizenship at birth or n-600k, so in this case doesnt apply, there is no biometrics for n-600 but possibly an interview to deliver the certificate in person so yes you need to be in the US.

 

2) Given all this, would he need an I-131 (re-entry permit) to be filed for our extended residence abroad?

 

Better go and apply for us passport look at the requirements below for your child.

 

https://travel.state.gov/content/travel/en/passports/requirements/citizenship-evidence.html

 

look at the section U.S. Citizenship through Naturalization of a Parent

[mejms 0]

Thanks for the replies.  I investigated all of this before filing the N-600.  My son is my wife's biological child I adopted him in Mexico.  After the adoption was finalized, I filed for his IR-2.  

 

To apply for his passport, I would have needed to submit the final full adoption decree which is in Spanish  I was concerned that the post office worker where I would have applied wouldn't know what to do with 25 pages of adoption papers in Spanish and their accompanying translation since it's not what they typically receive to process the application.  My son would have needed to be present for submitting the application as well and I didn't want this to be complicated in front of him.

 

So the N-600 is being processed and we'll likely leave the country before it is ready.  My only concern is if the N-600 takes longer than a year, then his green card would be invalidated.  

 

It's a bit confusing because I believe that my son is a citizen but until he gets the N-600, he will have no documentation to prove citizenship.  So what would it mean for his green to expire because we set up residence in another country?

 

I hope all of this isn't even a consideration as long as the N-600 isn't delayed.

 

 

[williamAR 17]

yes like I said apply for a us passport they know the process and if not call the supervisor, in the same link I sent there is a section for adopted children the requirements are:

 

Citizenship evidence of your U.S. citizen parent
Your full and final adoption decree
Evidence of lawful entry for permanent residence (Examples: Child’s foreign passport containing an ADIT stamp or Form I-94 with the ADIT stamp and picture)

 

but you will need to translate that adoption decree they only accept certified translations.

[williamAR 17]

and be know that the adoption decree if I am not mistaken is the one you get from a court here in the US and not the one you have from the foreign country.

[mejms 0]

Quote

and be know that the adoption decree if I am not mistaken is the one you get from a court here in the US and not the one you have from the foreign country.

That is what I thought.  His adoption took place in Mexico.  There was no adoption decree issued in the US.   So the certificate of citizenship seemed necessary.

[Jojo92122 1,924]

1 hour ago, williamAR said:

and be know that the adoption decree if I am not mistaken is the one you get from a court here in the US and not the one you have from the foreign country.

Adopted is adopted.  The adoption was good enough for the OP to get his son an IR-2 visa.

The final foreign adoption paperwork with English translation is all that is need.  There is no need to get a US court to approve an adoption that has already been finalized in a competent foreign court.

[Jojo92122 1,924]

1 hour ago, mejms said:

That is what I thought.  His adoption took place in Mexico.  There was no adoption decree issued in the US.   So the certificate of citizenship seemed necessary.

There is no need for an adoption decree issued in the US when you already FINISHED the adoption with the Mexican courts. 

The N-600 is not necessary; it's optional just like a US passport.  A person who gains US citizenship under the CCA does not have to get any proof.  It's a good idea to have proof, so most people take the cheaper of the two routes; $140 for a US visa versus $1000 for the N-600.

[mejms 0]

Quote

The adoption was good enough for the OP to get his son an IR-2 visa.

 True.  I will apply for the passport next week.  Thanks for responding!

[mejms 0]

Does anyone know whether I have to submit my son's actual green card (not just a photocopy) with the passport application?

[mejms 0]

Just an update on our situation:

 

We had to send in my son's green card with the passport application.  I also needed to get a translation of his adoption decree and birth certificate (in Spanish) to English.  A bilingual friend did it, wrote and signed an affidavit that she was competent to translate and that it was an accurate translation, and we got her affidavit (just a Word doc) notarized at the bank to make it look more official.

 

Passport was approved and is arriving today.

 

No certificate of citizenship needed.

 

Thanks for all feedback along the way!