N600 Recent Filers

[CuriousOne_182 1]

Hi, I am filing N600 for my child under derived citizenship and will appreciate any advise or inputs who have filed N600. Appreciate any help or suggestions.  

 

1. For the Port of Entry and Date section, should I list the child’s very first entry into the United States or the entry prior to filing for lawful permanent residency, or the most recent entry as a lawful permanent resident?”

 

2. Does the current online form provide an option to upload evidence of physical and legal presence? I came across forum discussions suggesting that there was no evidence section available while filing online specifically to upload physical and legal presence, and would like to know how recent applicants have handled uploading this information.

 

3. USCIS field office that granted LPR: Is it the office where the interview happened?

[butmajor-leagueas 19]

Disclaimer, I am not a legal expert. Take everything written in this message with a "grain of salt":

 

1. Ah, this question on USCIS Form N-600 "stumped" me too initially since it seems to be incomplete i.e. It seems to only cover a subset of scenarios of becoming a LPR. The main one being when an alien enters the United States on an immigrant visa issued by the US Department of State on that alien's non-US Passport Book. In that scenario my understanding is that a person is not technically a US Lawful Permanent Resident until they are officially admitted to the United States by Customs and Border Protection (CBP) which is when this CBP officer admits that individual as an immigrant (often evidenced by an I-551/ADIT stamp).

 

However, entering the US on an IV isn't the only way an alien becomes a LPR. Another scenario is, for instance, when there is a dependent child on an H-4 visa of an alien parent on a dual-intent nonimmigrant visa (NIV) such as an H-1B who adjusts status to immigrant status from nonimmigrant status via an Adjustment of Status (AOS) and that child's status follows suit as they adjust derivatively upon their parent's adjustment from H-1B to LPR status and also become LPRs themselves. When this approval happens, then I believe that the adjustment will happen at a USCIS office and where the USCIS adjudicating officer will issue I-551 stamps in the parent's and child's non-US Passport Book.

 

The question is more so asking - "Where did the child become an LPR?" In the case of an IV case, it is where the CBP admits that individual into the United States for the first time on that IV. For a USCIS Form I-485 approval (AOS case), it is the USCIS office where the I-485 is approved. 

It doesn't care about any other prior statuses in the United States such as various nonimmigrant statuses (i.e. Work, Study, Visitor, etc.). USCIS often reuses the "Port Of Entry" language even when the person adjusted inside the United States. For a child who becomes a LPR as a result of an AOS, USCIS wants the location of the USCIS office where the I-485 was approved while for an IV case, it would be the location of the place where a CBP officer had admitted that child into the United States.

 

2. Are you asking about "physical and legal presence" or rather "physical and legal custody" for an INA Section 320 case? They are two completely different things.

 

3. For an AOS case, it is the office where the I-485 itself was approved. Check the child's I-485 approval notice. It may or may not be the same office where the interview occured.

 

Please let me know what you think!