N-600K APPLICATION FOR CITIZENSHIP CERTIFICATE UNDER SECTION 322
N-600K allows children under the age of 18 who regularly reside outside of the United States and who have a qualifying relative such as a U.S. Citizen parent to be eligible for citizenship under the Immigration Nationality Act (INA) section322. The N-600K is meant for children who were born outside the U.S. and did not automatically gain citizenship at birth. To qualify, the applicant must be under 18, single, must regularly reside outside of the U.S. and be in the legal and physical custody of the U.S. citizen parent. Further, the U.S. citizen parent (or U.S. citizen grandparent) must have at minimum 5 years of physical presence in the U.S. For over 30 years, our firm and highly trained team of attorneys and paralegals have helped countless individuals obtain U.S. citizenship and we are ready to help you.
Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.
We take great pride in providing our legal services to community members. Our fee for a standard N-600K case is $4,000 at which the case will be reviewed by our highly trained immigration attorneys and paralegals. We are happy to customize a proposal for you during a consultation and walk you through what a standard N-600K case looks like. Please see below for more information.
CASE PROCESSING OVERVIEW
Step 1: Strategy Session for the N-600K Application
This is the most crucial step for your entire N-600K Application. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.
Step 2: Prepare and Submit the N-600K to USCIS
Our attorneys will craft your N-600K arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.
Step 3: Biometrics Appointment
You will need to attend a biometrics appointment most commonly known as the fingerprinting appointment. USCIS will conduct a mandatory criminal background check and verify your identity. The process itself does not take long and our office will assist you during this process.
Step 4: Prepare the client for Interview with USCIS
We will help guide you in your preparation for the interview with the USCIS by simulating the interview and ensure you are well versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interview. You can attend the interview by yourself or inquire about our attorney appearance service at an additional cost.
Step 5: Responding to Additional USCIS Requests / Administrative Processing / Status Checks / Fraud Alerts
If additional documents/evidence are needed upon the submission of the case or after the interview, our office will ensure that all necessary documents are submitted to the USCIS office in a timely manner. We will assist the client to the best of our ability until the case gets approved or the client no longer wants to continue moving forward with the case.
Step 6: Oath Ceremony Preparation
The Oath of Allegiance ceremony is the mandatory final step of the naturalization process and must be satisfied in order for individuals to become U.S. citizens. Our office is committed to assisting the client through the naturalization process in its entirety. We will walk the client through how the ceremony will proceed to calm any worries or fears.
Step 7: Passport & Others
Once you have taken the Oath of Allegiance, we will offer our passport service. The passport will allow you to travel outside of the country whenever you please. We produce high-quality passport pictures and our team will ensure that the client will receive the passport in a timely manner.
Checklist of Required Evidence
Did you provide the following required documents?
- Two passport-style photographs of the child
- The child’s birth certificate or record
- The U.S. citizen parent’s birth certificate or record
- Proof of required physical presence in the United States for the U.S. citizen parent (or grandparent if parent does not meet the requirement)
- Proof of U.S. citizenship for the qualifying parent (and grandparent if applicable)
If applicable, did you provide the following documents?
- The U.S. citizen parent’s marriage certificate(s)
- Evidence the U.S. citizen parent terminated any prior marriage(s)
- Proof of legitimation for children born out of wedlock if applying based on U.S. citizenship of father
- Evidence of legal guardianship
- Proof of legal custody (only required for applicants whose parents divorced and/or legally separated and for applicants who are adopted)
- Proof of child residing in the physical custody of the U.S. citizen parent(s)
- Copy of your Form I-600 or Form I-800 approval notice and supporting documentation, (except home study) or evidence the U.S. citizen parent has complied with the two-year legal custody and joint residence requirement
- Copy of the full, final adoption decree (if child is adopted)
- Evidence of all legal name changes
- Explanation and secondary evidence if any requested document is unavailable
The updated filing fee for N-600K can be found here. You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.
Eligibility for N-600K
A U.S. citizen parent (or if the parent died within the last five years, by a U.S. citizen grandparent or U.S. citizen legal guardian) may file Form N-600K on behalf of a child who was born outside the United States and regularly resides outside the United States. To be eligible for U.S. citizenship, the child must:
- Have at least one U.S. citizen parent, whether by birth or naturalization (including an adoptive parent);
- Be under 18 years of age;
- Be residing outside the United States in the legal and physical custody of the U.S. citizen parent, or if the U.S. citizen parent is deceased, in the legal and physical custody of a person who does not object to the application;
- Be temporarily present in the United States in accordance with lawful admission to complete the Form N-600K process and maintains that lawful status; and
- Have a U.S. citizen parent who has been physically present in the United States or American Samoa or Swains Island for no less than five years (at least two of which were after the U.S. citizen parent’s 14th birthday).
- If the U.S. citizen parent fails to meet the physical presence requirement, the child must have a U.S. citizen grandparent who was physically present in the United States for a period or for multiple periods totaling not less than five years (at least two of which were after the U.S. citizen grandparent’s 14th birthday).
Children of active-duty U.S. service members do not have to be temporarily in the United States in accordance with lawful admission to complete the Form N-600K process.
Children Born Out of Wedlock
If the child was born out of wedlock and is seeking citizenship through their U.S. citizen father, the child must be:
- Legitimated in the United States or abroad under the law of their residence or domicile, or the law of the child’s father’s residence or domicile.
- In the legal custody of their father at the time of such legitimation; and
- Legitimated before reaching their 16th birthday.
If adopted, the child must meet all of the requirements to qualify as an “adopted child” under one of the following:
- Section 101(b)(1)(E) of the INA;
- As an “orphan” under section 101(b)(1)(F) of the INA; or
- As a Hague Convention adoptee under section 101(b)(1)(G) of the INA.
Please visit our Adoption webpage for additional information.
An adopted child under section 101(b)(1)(E) of the INA must meet the following additional requirements:
- The adoption order must have been granted before their 16th birthday (or their 18th birthday if they are the birth sibling (including a half-sibling) of another adopted child who qualified for immigration under section 101(b)(1)(E) or (F) based on the other child’s adoption by the same adoptive parent(s);
- The adoptive parent(s) must have had legal custody of the child for at least two years; and
- The child must have resided with the adoptive parent(s) for at least two years.
If a child has been battered or was treated extreme cruelty by the adoptive parent or by a family member of the adoptive parent living in the same household, we may waive the two-year legal custody and residence requirements.
An orphan under section 101(b)(1)(F) of the INA must be the beneficiary of an approved Form I-600, Petition to Classify Orphan as an Immediate Relative, to file Form N-600K.
Adoption under the Hague Convention
A child who is being adopted in accordance with the Hague Convention must be the beneficiary of an approved Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, to file Form N-600K.
If you are in the Military
Your child may naturalize overseas if you are a U.S. citizen on official U.S. military orders overseas. Service while on active duty with the U.S. armed forces counts as presence in the United States. See our Military Citizenship for Family Members page for more information.
Filing If Your Child Recently Turned 18
If your child has just turned 18, you cannot file Form N-600K because your child must complete the adjudication process and take the Oath of Allegiance before their 18th birthday. When you file Form N-600K, you will provide a preferred interview date. We will need a minimum of 90 days to review the form and the documentation. Therefore, please ensure the preferred interview date you request is at least 90 days before your child turns 18.
If you do not provide sufficient evidence to establish your child’s eligibility before their 18th birthday, we will deny your Form N-600K, and your child would no longer be eligible for a Certificate of Citizenship.
SAMPLE & TEMPLATES
Attorney Brief: [coming soon] We will provide an attorney brief sample for the N-600K petition.
Cover Letter: [coming soon] We will also provide a cover letter sample for the N-600K petition.
Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.
Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.
FREQUENTLY ASKED QUESTIONS
What is Section 322?
- Section 322 of the Immigration and Nationality Act grants expeditious naturalization to the children of US citizens. It was amended by Public Law 103-416 on October 25, 1994 (and modified in form, but not in substance, by the “Child Citizenship Act of 2000”) to enable Americans abroad to obtain US citizenship for their children, not otherwise eligible to be citizens, through a special naturalization procedure which does not require that they immigrate to the United States. This new amendment does not change the existing rule for transmitting citizenship at birth to children born abroad. Rather, it opens an additional “entry way” for children of Americans to receive Certificates of Citizenship if they fulfill the requirements
What is the parent’s residency requirement to file an N-600K?
At least one adoptive parent must have lived in the US for at least 5 years, 2 of these having been since their 14th birthday. Evidence, such as tax returns, will need to be included to show these residency requirements were met. If this cannot be met, there are some exceptions made through a grandparent of the adoptive child being able to meet these requirements.
When can we file the N-600?
This form can be only be filed with the proper entities at USCIS after the adoption has been finalized. This form must be filed by the adopting family; Lifeline cannot submit this form for you.
How long after filling will I receive an interview date?
You can request when and where your hearing will take place, but it will be in the hands of USCIS to grant these requests. They request a 90 day minimum period between filing the N600K and the requested interview date. This form will take approximately two weeks to be processed, and then it will be sent to a field office in the area your interview will occur.
It is our understanding that this interview date could take 3-6 months after your N600K is filed. It is recommended for your family to remain in the USA during this time to avoid any complications with your child’s travel visas. Speak with your social worker about travel arrangements if you do not plan to remain in the United States for at least 3 months after the adoption.
It has been communicated that an expedite on the date for the interview can be requested. This can be requested with a good reason for needing the interview date to be expedited, but it is not guaranteed to anyone.
When do we receive our child’s green card?
Once arriving to the USA, your child’s passport will be stamped, and this should trigger USCIS to issue your child a resident green card.
When can we return to our foreign residence?
Once the date of interview is given, at least one parent must be present with the adoptive child. At the interview, if citizenship is granted, then the certificate of citizenship will be issued at that time. This will enable your family to obtain your child’s US passport in order for your family to travel home to your current country of residence.
SCHEDULE A SESSION
Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.