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Posts Tagged ‘Form N-600’

Though one can become a citizen voluntarily through the Naturalization process, some are granted this status being born in the US or born to US citizen parent(s).

Children born outside to US citizen parents can claim US citizenship through their parents’ status subject to certain strict requirements which makes the process very much sophisticated. The immigration law at the time the child was born is also vitally important while claiming citizenship through the Child Citizenship Act (CCA). But the process is pretty simple for children born in the US as they automatically become US citizens, immaterial of whether their parents were US citizens or not.

If your child was born in the US, you can directly apply for a US passport as a proof of his/her US citizenship. Should you want to document your child’s citizenship status, you can file Form N- 600, Application for Certificate of Citizenship with the USCIS to get the citizenship certificate.

There are a combination of requirements that are to be satisfied before applying for child citizenship. One such criteria is that at least one parent was a US citizen when the child was born and should have lived in the US or its possessions for a stipulated period of time. Additionally, child(ren) born outside the US can also claim citizenship after birth based on their parents’ citizenship or naturalization.

As stated above, you can become a US citizen only if you fulfill certain important conditions. Few are:

  • You should be under 18 years old and at least one of your parents should be a US citizen, either by birth or through Naturalization.

  • You should reside in the US in the legal and physical custody of your US citizen parent and is subject to lawful admission for permanent residence in the US.

To qualify as a “child” for the purpose of getting a certificate of citizenship through your parents’ status, you (the child) should not be married. If you are born out of wedlock, you should have been “legitimated” when you were under 16 years old and in the legal custody of the legitimating parent. But if you are a stepchild who was not adopted, you will not qualify as a “child” for citizenship purposes.

If you meet the above mentioned requirements before becoming 18 years old, it means you establish the eligibility for US citizenship without having to file an application. Make note however, if you want to document your citizenship status, you have to file Form N-600.

Per the CCA, if you were 18 years old or older as of February 27, 2001, you will not be eligible for citizenship, under this classification. You however, can apply for naturalization (Form N-400) based on qualifying on your own. There is also another option where persons above the age of 18 as on February 27, 2001, are eligible to apply for a citizenship certificate per the law in effect before the enactment of the CCA.

Even if you the biological or an adopted child who regularly resides abroad, you can still qualify for citizenship. This however, has additional requirements to be met.

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Children born outside to US citizen parents can claim American citizenship through their parents’ status. This depends on the laws at the time the child was born. Children born in the United States automatically are US citizens.

Form N-600 :

Children born in the United States can just apply for a US passport as a proof of his/her American citizenship status. They can file Form N 600, Application for certificate of citizenship should they need to document their American citizenship status based on citizen parentage. To be eligible to file Form N 600, it generally requires a combination of at least one parent being a U.S. citizen when the child was born and having lived in the U.S. or its possessions for a period of time. Children born outside the US may qualify for American citizenship after birth based on their parents’ citizenship or through Naturalization.

As we now know, you can become a U.S. citizen automatically if you meet certain conditions. You should be below 18 years of age and at least one of your parents should be a U.S. Citizen, either by birth or naturalization. You should have resided in the US in the legal and physical custody of your parent (U.S. Citizen ) subject to lawful admission for permanent residence.

Do all qualify as a “child”? To qualify as a “child” to get a certificate of citizenship through parents’ status, the first requirement is that you should not be married. Additionally, if you were born out of wedlock, you should have been “legitimated” while you were under the age of 16 and during the legal custody of the legitimating parent. But, stepchildren who were not adopted will not qualify as a ‘child’ under this section. If you meet these requirements before reaching 18, you automatically obtain American Citizenship without having to file an application. However, you should file Form N 600 to get a certificate of citizenship from USCIS,.

Per the Child Citizenship Act (CCA), persons aged 18 or older as on February 27, 2001 do not qualify for citizenship through their parents status. If you were above 18 years of age as on February 27, 2001, you may qualify to apply for a citizenship certificate under the law in effect before the enactment of the CCA.

So does the same rule apply if you lived outside the United States? Biological or adopted children who regularly reside outside the US may qualify for Naturalization. But, you should meet certain requirements to get a citizenship certificate from the USCIS. At least one of your parents should be a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death. Additionally, your US citizen parent should have been physically present in the US or its outlying possessions for at least five years, two of which were after reaching the age of 14. And certainly, you should be under 18 years of age. In addition to these, you should be residing outside of the US in the legal and in the physical custody of the U.S. citizen parent and you are temporarily present in the US after having entered lawfully and are maintaining lawful status in the United States.

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A person born outside the United States to a U.S. citizen parent(s) might have already acquired U.S. citizenship. Such persons,can file form N600, Application for Certificate of Citizenship to document their U.S. citizenship status based on U.S. citizen parentage

Who Should File Form N-600 Certificate of Citizenship?

 

You may file form N-600, if you are trying to claim U.S. Citizenship while in the U.S or if you were born abroad to U.S. Citizen parent(s).

If you are the biological or adopted child of a U.S. citizen parent, and born outside the United States and claiming U.S. citizenship by action of law, you automatically become a U.S. citizen if:

  • At least one of your parent is a U.S. Citizen and
  • You live in the U.S. with your U.S. citizen parent; and
  • You were legally admitted as permanent resident. (In the case that you entered the U.S. as an adopted child, you should have been admitted as an IR-3 – a child adopted outside the U.S. If you are coming to the U.S. to be adopted (IR-4), the final adoption must take place for this section of law to apply to you; and
  • You are still under the age of 18;
  • You are the biological child in the legal custody of the U.S. citizen parent prior to reaching your 16th birthday or you are the biological child born out of wedlock and have not been legitimated and your mother has become a U.S. citizen through the naturalization process.

    Additionally, in cases where the individual was under 18 years of age on February 27, 2001, but did NOT meet all the required conditions mentioned above, then that person should qualify for U.S. Citizenship in his/her own right.

You may also file for a Certificate of Citizenship if the following happened before your 18th birthday and prior to February 27, 2001:

  • You consistently lived in the U.S. after being admitted lawfully as permanent resident; and
  • Both your parents, the parent awarded legal and physical custody of you, or the only surviving parent is a U.S. citizen by naturalization.

If you are the biological child of a U.S. citizen,born outside the United States and claiming citizenship by having been born to U.S. citizen parent(s), you automatically become a U.S. citizen at birth if:

  • If both your parents are U.S. Citizens and one of them resided in the U.S. This residence must have taken place prior to your birth; or
  • If one of your parents is a foreign national and other is an U.S. citizen who, before your birth, had physically been in the U.S. for a period or periods totaling not less than five years, of which at least two of those were after the parent’s age of 14 years.

General Outline for filing Form N-600

  • Individuals born outside the U.S., claiming to have U.S. citizenship by birth to a U.S. citizen parent.
  • Individuals born to a U.S. Citizen outside the U.S or who met all the requirements for becoming a U.S. Citizen prior to their 18th birthday.
  • Individuals who were adopted or biological children under the age of 18 who meet the requirements for citizenship, the form N-600 application must be filed by the U.S. citizen parent or legal guardian who has been given legal and physical custody of the child.

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