N-600 for my child who forced to live abroad?

[Babay 1]

I became a citizen of the United States and living in US. My wife and child have a LPR but they are living abroad. We have lived together in US until my child has been diagnosed with autism. Unfortunately, we did not find a good school for autistic kids in NY, but for a private school we did not have money. Currently my child (and wife) are forced to live away from me because we have found an excellent special education in our motherland for autistic kids. We are not divorced and often visit each other. They will stay in motherland until my child either graduate from the middle school.  N-600 Form clearly says about requirement: “living in the US in legal and physical custody of citizen parent” . Which is why I'm asking the question: Does my child have the right to obtain a certificate of US-citizenship?

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[Y3+E 25]

Unfortunately, based on her circumstances that you describe, the answer is NO.  She does not meet the N-600 application condition of residing in the U.S. with you.  You say that your wife's child will be returning to the U.S. after middle school.  At that time, you will have plenty of time to use the N-600 application process before your step daughter turns 19.  

 

Extract of N-600 Application Instructions:

If you are claiming U.S. citizenship after birth, but before you reached 18 years of age, the law in effect when the last

qualifying condition was met is the law that applies to you. Generally, the conditions are listed below.

These conditions must be met before you turn 18 years of age:

1. Your parent must be a U.S. citizen;

2. You must be the biological child of that U.S. citizen parent;

3. You must be lawfully admitted to the United States for lawful permanent residence; and

4. You must be living in the United States in the legal and physical custody of your U.S. citizen parent.