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Application for Certificate of Citizenship

  • $700 + Immigration Fee
Certificate of Citizenship Intake Questionnaire

How to Apply for The Child US Citizenship: The Path to Certificate of Citizenship for a Minor

The Certificate of Citizenship, obtained through Form N-600, is essential for children born abroad but eligible for U.S. citizenship through their parents or by operation of law before turning 18. This certificate provides official proof of U.S. citizenship and is particularly vital for minors claiming citizenship at birth or after but before adulthood. To obtain a Certificate of U.S. Citizenship for a minor, it's important to understand eligibility requirements, gather necessary documents, and follow the filing process.

Eligibility Criteria for Certificate of Citizenship for a Minor Child

Understanding the eligibility criteria for the Certificate of Citizenship (Form N-600) involves knowing specific conditions outlined in the Immigration Nationality Act (INA). Below are the key points to help you determine if your minor child qualifies:

  • Automatic Citizenship Acquisition: If a child was born outside the U.S. to at least one U.S. citizen parent, they may automatically acquire citizenship status before turning 18.
  • Eligibility Under Specific Conditions: Children born out of wedlock and claiming citizenship through a U.S. citizen father must demonstrate a blood relationship, paternity acknowledgment, and the father's physical presence in the U.S. Eligibility may also apply if the child did not automatically acquire citizenship before a parent's death under section 322 of the INA.
  • Residency and Custody Requirements: The applicant must reside in the U.S. under the legal and physical custody of a U.S. citizen parent. The residency requirement is waived for children of U.S. government employees or Armed Forces members stationed abroad.

Documents Required for the Application Process

Gathering the required documents is crucial to a smooth application process. Here's a breakdown of what you’ll need:

  • For Applicants Residing Outside the United States: You’ll need two identical, color passport-style photographs (2-inch by 2-inch).
  • Essential Documents for All Applicants: The child’s birth certificate, evidence of the parent’s U.S. citizenship, including the U.S. citizen parent's birth certificate, and Form N-600 to request a Certificate of Citizenship.
  • Additional Documents Depending on Circumstances: Proof of legitimation for children born out of wedlock, legal custody documentation, and adoption decrees if applicable.

Filing Process and Associated Fees

When filing for a Certificate of Citizenship for a minor using Form N-600, the process can be completed either online or by mail. Here are the steps to guide you:

  • Filing Options: Applicants residing in the U.S. can file online unless applying for a fee waiver or military benefits, which require mailing. For applicants outside the U.S., mailing is mandatory.
  • Fees: General fees apply, and a fee waiver is available for U.S. military members. Payment can be made via money order, check, or credit/debit card using Form G-1450.
  • Additional Steps: You will receive a USCIS Account Acceptance Notice for case tracking. A biometrics appointment may be required, and the form must be signed and submitted with Form G-1145 for e-notification.

Understanding the Timeline and What Happens After Filing

After submitting Form N-600, expect several key steps as your application is processed:

  • Receipt Notice: Within 2-4 weeks, you will receive a receipt notice confirming your application is being processed.
  • Biometrics Appointment: Approximately 5-8 weeks after filing, you’ll receive a notice for your biometrics appointment for identity verification.
  • Potential Interview: Around 6-10 months after filing, you may be scheduled for an in-person interview, although this is not always required.

When Can the N-600 Interview Be Waived?

In some cases, the N-600 interview may be waived if sufficient documentation has been provided. Here are scenarios where the interview might not be necessary:

  • Consular Report of Birth Abroad (FS-240): If issued by a U.S. consulate, this can serve as proof of citizenship.
  • Valid U.S. Passport: An unexpired U.S. passport issued for a full 5 or 10-year term may fulfill the requirement.
  • Parent’s Naturalization Certificate: If included with your application, this may also satisfy the interview requirement.

What Documents Should I Bring to My N-600 Interview?

Being well-prepared for your N-600 interview can help ensure a smooth process. Bring original documents submitted with your application, such as birth certificates, marriage certificates, and legal name change records. Also, bring any supporting documents, such as evidence of your parent’s citizenship and certified translations if any document is not in English.

Current Backlog for N-600 Cases

Recent data indicates a backlog in N-600 applications, which may lead to extended processing times. Applicants should prepare for potential delays, especially as USCIS processes an unprecedented number of cases.

What Happens After Filing Form N-600?

After filing Form N-600, processing times can range from 4-22 months. Following approval, USCIS will mail the Certificate of Citizenship. Applicants under 14 may be exempt from taking the Oath of Allegiance. If denied, an appeal can be made within 30 days using Form I-290B.

How to Optimize the Processing Time for Form N-600

To speed up the process, ensure thorough documentation, seek expert guidance if needed, and file your application as early as possible. Early submission and careful attention to detail are key to minimizing delays.

Is a Parent Required to Accompany a Minor to the N-600 Interview?

If you're under 18, you'll need your U.S. Citizen parent to join you at the N-600 interview. However, there are exceptions where the parent’s attendance might not be necessary. In certain cases, regulations allow for the possibility of waiving the parent's presence at the interview.

For those 18 and older, you can attend the interview on your own, without needing your parent's company. Always check the specific guidelines or consult legal advice to understand any unique circumstances that might apply to your situation.

What Documents Are Required for the N-600 Interview?

When preparing for your N-600 interview, it's crucial to bring the right documents to demonstrate your eligibility. Here's a detailed checklist to guide you:

  • Original Documents: Bring the original versions of any documents you submitted with your N-600 application. These could include birth certificates, naturalization or citizenship certificates of your parents, and any legal name change documents.
  • Additional Proof of Eligibility: Gather any extra documentation that further supports your application status. This might involve school records, medical documents, or employment history that confirm your residency and identity.
  • Certified Translations: If any of your documents are in a language other than English, ensure they are accompanied by a certified English translation. This helps verify the information for the interviewer.

Do I Need to File a Form N-600 if I Have a U.S. Passport?

No, filing a Form N-600 for a Certificate of Citizenship isn't mandatory if you already possess a U.S. Passport. Your valid U.S. Passport typically serves as sufficient proof of your citizenship for most purposes, unless it's been revoked.

However, there are scenarios where having a Certificate of Citizenship can be beneficial. You might be asked to provide it when applying for certain services or benefits. These can include:

  • Social Security Benefits: When verifying your citizenship status for retirement or disability benefits.
  • State-Issued Identification: Some states may require additional proof for issuing or renewing driver's licenses or learner permits.
  • Financial Aid: Educational institutions may ask for citizenship documentation to determine eligibility for aid.
  • Employment: Certain jobs might need further evidence of citizenship aside from a passport.
  • Passport Renewal: Occasionally, renewing your passport could require additional documents for verification.

Does the Divorce of My Parents Affect My Ability to Apply for a Certificate of Citizenship?

Your parents' divorce does not necessarily impede your ability to apply for a Certificate of Citizenship. If you automatically gained citizenship before their divorce, the separation won't stand in your way.

However, if the divorce happened before you claimed U.S. Citizenship, things could be a bit more complicated. In this case, you must show that you lived with your U.S. Citizen parent, both legally and physically, before turning 18. This residence should occur after you were lawfully admitted as a permanent resident.

Can a Child Born Abroad Using Donated Egg and Sperm Be a U.S. Citizen if the Mother is a U.S. Citizen?

Yes, it is possible for a child born abroad through donated egg and sperm to obtain U.S. Citizenship, under specific conditions. Here's what you need to know:

  • Legal Recognition as Mother: You must be legally recognized as the mother at the time of the child's birth according to the laws of the jurisdiction where the birth occurred. This legal recognition is crucial for transmitting citizenship.
  • U.S. Residency Requirements: In addition to legal recognition, you need to meet certain U.S. Residency requirements. This typically involves having lived in the United States for a specific number of years, which can vary based on individual circumstances.
  • Non-Genetic Gestational Mothers: If you are the gestational mother but have no genetic link to the child, you may still transmit citizenship, provided the above conditions are satisfied.

Understanding U.S. Citizenship for Children Born Out of Wedlock

Being born out of wedlock can influence your eligibility to claim U.S. Citizenship through your mother, depending on a few key factors:

  • Date of Birth Considerations:
    • After December 23, 1952: If born out of wedlock during this period, you may have automatically gained U.S. Citizenship at birth if your U.S. Citizen mother was physically present in the United States or its territories for at least one year before your birth.
    • Before December 23, 1952: The criteria were different. If you're seeking clarification for this period, further research or professional guidance may be necessary.
  • Claiming Citizenship After Birth:
    • If You Were Over 18 on February 27, 2001: Your path to citizenship through your mother requires that your paternity was not established through legitimation.
    • If You Were Under 18 on February 27, 2001, or Born Afterwards: You can claim citizenship through your mother regardless of wedlock status. This is contingent upon your mother being a citizen and you having lawful admission for permanent residence in the United States while under her legal and physical custody before you turn 18.
  • Special Considerations: Ensure that your mother held U.S. Citizenship status during the pivotal times in your life as required by law.

Will I Be Required to Attend an Interview for My Certificate of Citizenship Application?

Approximately 6-10 months after your application is filed, be prepared for a possible in-person interview, though not all applicants will need to attend one. Whether you are required to attend depends on the evidence you submit with your application. The decision-making process evaluates the completeness and clarity of your documentation. If additional clarification is needed, an interview may be scheduled.

Can I Apply for a Certificate of Citizenship if I Do Not Currently Reside in the United States?

When applying for a Certificate of U.S. Citizenship for a minor, it's crucial to gather all required documents to ensure a smooth process. Here's a breakdown of what you'll need:

  • For Applicants Residing Outside the United States: Two identical, color, passport-style photographs (2-inch by 2-inch).
  • Essential Documents for All Applicants: The applicant’s birth certificate or record, evidence of the parent’s U.S. Citizenship, including the U.S. Citizen parent’s birth certificate, and Form N-600.
  • Additional Documents Depending on Specific Circumstances: Proof of legitimation for children born out of wedlock, proof of legal custody for the applicant, and a copy of the full, final adoption decree, if applicable.

If you acquired U.S. Citizenship and currently reside abroad, you may face certain limitations. Generally, applying for a Certificate of Citizenship requires residency within the United States. However, there's a pathway for minors under 18 through a parent or legal guardian. Under section 322 of the Immigration and Nationality Act, naturalization may be pursued if the child is temporarily present in the U.S. With a lawful admission, even if it's in a non-immigrant status.

What Form Should Be Used for Seeking Citizenship for a Minor Under These Specific Conditions?

The appropriate form for this process is Form N-600K, which is used to apply for citizenship and the issuance of a certificate under section 322.

What Are My Options If USCIS Denies My Form N-600?

If faced with a denial, remember you have the option to appeal within 30 days using Form I-290B. This is a crucial step in ensuring your case gets reconsidered. However, if the 30-day window has passed, don't worry—there are still options available. Attempting to submit another Form N-600 after the deadline will unfortunately lead to rejection, so it's essential to explore the right paths. At this point, you should consider filing a motion to reopen or reconsider, also using Form I-290B. This approach allows you to present new evidence or arguments that could influence the outcome.

Conclusion

Applying for a Certificate of Citizenship for a minor through Form N-600 is a multi-step process that requires attention to eligibility, document preparation, and adherence to filing guidelines. This certificate serves as proof of U.S. citizenship, vital for securing your child’s legal status. Despite challenges, the process is essential in affirming your child’s citizenship and ensuring a secure future in the United States.

FAQs

Is it necessary to file Form N-600 for my child? Yes, it is advisable to file Form N-600 to secure official proof of citizenship, which can be useful for future applications for jobs, loans, and legal matters.

How does a child qualify for U.S. citizenship? A child qualifies if they meet criteria under INA 320, including having at least one U.S. citizen parent and being lawfully admitted for permanent residence.

What is the timeframe for obtaining a citizenship certificate for a minor? The process typically takes 5-8 months after filing Form N-600. Children under 14 may be exempt from the Oath of Allegiance.

What documents serve as proof of U.S. citizenship for a minor? Proof includes the child’s birth certificate, Permanent Resident Card, and evidence of the parent’s U.S. citizenship, such as a naturalization certificate or passport.

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