US Immigration N-600K Citizenship Requirements

Six Key N-600K Citizenship Requirements

Categories: Resources
Published: November 22, 2023

N-600K Citizenship Requirements Video Summary

For children who are eligible, the N-600K can be used to skip the green card process and go directly to citizenship. The N-600k process allows parents who are US citizens to pass on their citizenship to their children. There are six key N-600k citizenship requirements that need to be met in order to go through this process.

What are the N-600K requirements? 

  1. The Child Cannot Be Married
  2. USCIS Must Administer The Oath Before The Child Turns 18
  3. The Child Regularly Resides Outside Of The US
  4. The Child Is In The Custody Of The US Citizen Parent
  5. The US Citizen Parent Needs To Have Resided In The US For At Least 5 Years After Gaining Citizenship, 2 Of Which Must Be After Age 14
  6. The Child Needs To Be In The US Under Lawful Status When The Application Is Filed

In this video attorney Joseph Tsang covers these requirements in detail to help you fully understand the N-600K citizenship requirements as you go through the process.

Learn more about N-600 and the N-600K under section 322, or contact us for assistance with your case.

 

Full Video Transcript

If you can directly get citizenship, then why even bother with the green card? That’s what this family did with the N-600K application, which basically allows the US citizen parent to pass their citizenship down to their children. Most people only know of one way of doing it, basically giving birth in the US. So if you’re born here then you’re a citizen, but technically you could directly file the form with USCIS, go to the interview, and directly get sworn in. Let me walk you through exactly how this family did it. Let’s go.

 

Hi everyone. My name is Joseph. I’m the managing partner here at Tsang & Associates where we solve legal problems with creative solutions. So this family wanted to get the green card or the citizenship for their children ASAP. A lot of people told them you need to file the I-130 then go through the consular processing, but the child was still only about 12-13 years old at the time. And when they were looking into it they thought they could do the N-600K. These cases are not complex, but it’s the process that’s daunting. So hopefully when I walk through the entire thing, you’ll feel much more at ease. So let’s go through the requirements first. 

 

The first thing is the child cannot be married and if you’re from a country that has arranged marriages, try to get it annulled. If you’re from, like, other countries that don’t believe in divorce, try to say that it doesn’t count. But you need the kid cannot be married. But if you’re struggling with that we can separate set up a separate time to discuss whether or not your marriage is valid or invalid. We had to deal with that many many times with different types of cases. But just know, that’s the first and one of the hardest requirements to meet if you’ve already been married. 

 

The second thing is that USCIS must administer the oath ceremony before the child turns 18. And the key thing is it’s not, but you submitted the application before you’re 18, you must administer the oath. And think about it, this case I just told you, it took two years before USCIS even scheduled an interview to review the application. Now once they scheduled the interview and reviewed it then the pro- the oath ceremony was within a month or so. But if you’re getting close to that 18, it’s going to be quite difficult. In my personal experience and opinion if you are already past 17 and you have one year left before you turn 18 and you try to send the N-600k, it’s going to be difficult. It’s not impossible. You have to do other things to try to qualify, but, or do a mandamus or something, but it’s definitely hard. If your kid is 13-14 or younger definitely not a problem.

 

And now that brings to the third and fourth requirement: the child regularly resides outside of the US and they are in the custody of the US citizen parent. What does regularly mean? We’ll talk about that if it comes up. And in the physical custody of the US citizen parent. So USCIS is now having to become like a family court. Are you really a parent? Are you paying child support? Who’s taking care of them? What records do you have to prove that you take care of them? Let me see pictures of their rooms. All of that will come up in the package that we present which, which we’ll go through in a bit, right. But just note, that’s part of the requirement you need to be with the child. You need to be supporting them. You need to be living with them. You need to be paying for the bills. You need to be there physically, emotionally as well, and financially, of course. 

 

So that’s the case with this Hong Kong family, right. They lived in Hong Kong for most of their life, but now suddenly they need to be in the US. Especially given everything that’s going on in Hong Kong, they just don’t feel safe anymore. They want to be here. So they came over and then we applied.  

 

That brings us to the fifth requirement, the US citizen parent needs to have been physically in the US for at least 5 years past the age of 14. This is not a problem for most people. Maybe they were born a US citizen and then they lived here their whole life and then they moved away. Or, let’s say you graduated college. You were an international student. Your company sponsored you, you got your green card and then you stayed here and you became a citizen. Well, if you left the US, the moment you got your citizenship and then you try to pass down your citizenship to somebody else- that’s not going to work. They require that once you become a citizen you still need to stay here for five years in order to gain this extra level of power to be able to pass down your citizenship to others. 

 

Last, but not least, is that the child needs to be in the US in lawful status when this application is filed. The question is, well, what does it mean to be legally here? Well most people have to get a visa, a student visa, a tourist visa to be able to get in. Most people get a green card to come in, and then, uh, try to get citizenship. There’s all sorts of manners in which you could try to get in. But then you can, instead of trying to qualify for all the other requirements, you directly file N-600K, and then at the interview everything gets approved and you get your green card. 

 

In this type of application, USCIS and especially the interviewer, is playing a very unique role; they’re not just looking at your forms, they’re validating everything we just talked about. They’re validating – is your relationship father and child bonafide? is that a real parent relationship? Sometimes they even want DNA proof is your relationship real. Uh, are the overseas documents legitimate? Are the pictures legitimate,  right? And they interview you to see if it is legitimate parent and child. And they ask all these questions. So this is a very unique type of application and we’re able to draw on our family law, uh, experience when we go to courts and do all sorts of family law. And we use that knowledge in immigration law, right. We explain. Normally in family law, in family court cases, these are things that they look for in, in, in, in child support, in how to prove family relationships and prove ties. And we take that knowledge, we put it in the immigration context and we say look, they have been residing together. Maybe not everyday, because in that culture they send their kids out for education, and then they come home only on the weekends or only once a month. This is common in most places around the world, even in western civilization. You cannot let culture be the reason to deny a case or, or else that’s discrimination. They still have a bonafide parent relationship. So you- you have to use all sorts of cultural studies, arguments. You have to use family law reasoning in the immigration context. 

If you have any questions about the N-600K, about, any questions about your situation, given the rules, would love to talk to you about it. Walk you through the process. It’s not the hardest thing in the world if you have good arguments and good documentation. We would love to walk you through the entire process. Take care. Bye bye.