Form N-600k. Application For Citizenship And Issuance Of Certificate Under Section 3: Fill & Download for Free

The new policy is concerning the definition of “residence”As a result, it changes the process that parents of such children must follow to obtain a Certificate of Citizenship for their childrenThe full statement that was issue Aug 28 2019 was this:Statement Regarding a Policy Update Defining “Residence” in Statutory Provisions Related to CitizenshipToday, Acting USCIS Director Ken Cuccinelli issued the following statement regarding a policy update Defining “Residence” in Statutory Provisions Related to Citizenship.“This policy update does not affect who is born a U.S. citizen, period. This only affects children who were born outside the United States and were not U.S. citizens. This does NOT impact birthright citizenship. This policy update does not deny citizenship to the children of US government employees or members of the military born abroad. This policy aligns USCIS’ process with the Department of State’s procedure, that’s it.”Statement Regarding a Policy Update Defining “Residence” in Statutory Provisions Related to CitizenshipIt then goes father in-depth with these statements;IntroductionOur latest update to the USCIS Policy Manual defines “residence” as it relates to citizenship for children of certain U.S. government employees and members of the U.S. armed forces who are employed or stationed outside the United States, to conform with the definition of residence in the Immigration and Nationality Act (INA). This guidance rescinds previously established USCIS policy, which stated that certain children who were living outside the United States were considered “residing in” the United States.As a result, it changes the process that parents of such children must follow to obtain a Certificate of Citizenship for their children. Under the previous policy, parents of those children could file either Form N-600, Application for Certificate of Citizenship, or Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, on behalf of their children. As of Oct. 29, 2019, these parents must file Form N-600K to obtain U.S. citizenship for any child who did not acquire citizenship at birth or while residing in the United States. Therefore, we will apply current guidance to all applications filed before Oct. 29, 2019.USCIS Policy Manual UpdateThe requirements for those that were/are born outside the US remain the sameUnited States Citizens at Birth (INA 301 and 309)A. General Requirements for Acquisition of Citizenship at BirthA person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth, to include a person born to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.In general, a person born outside of the United States may acquire citizenship at birth if:• The person has at least one parent who is a U.S. citizen; and• The U.S. citizen parent meets certain residence or physical presence requirements in the United States or an outlying possession prior to the person’s birth in accordance with the pertinent provision.A person born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother acquires U.S. citizenship at birth under INA 301 or INA 309 if:• The person’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the person’s birth; and• The person meets all other applicable requirements under either INA 301 or INA 309Chapter 3 - United States Citizens at Birth (INA 301 and 309)On a personal note. I had a sister that was born oversea. It took my Dad a week to get all the paperwork in order, and was “walking” them thru

Oh, this is an “easy question” to answer! Eligibility for Certificate of CitizenshipIn order to obtain a Certificate of Citizenship, an applicant submits to USCIS:An Application for Certificate of Citizenship (Form N-600), if the applicant automatically acquired or derived citizenship at birth or after birth; [1] orAn Application for Citizenship and Issuance of Certificate Under Section 322 (Form N-600K) for a child of a United States citizen residing outside of the United States.The application must be submitted in accordance with the form instructions and with the appropriate fee.[2]In addition, applications must include any supporting evidence. An Application for Citizenship and Issuance of Certificate Under Section 322 may only be filed if the child is under 18 years of age. An Application for Certificate of Citizenship may be filed either before or after the child turns 18 years of age.If the person claiming citizenship is 18 years of age or older, the person must establish that he or she has met the eligibility requirements for U.S. citizenship and issuance of the certificate. If the application is for a child under 18 years of age, the person applying on behalf of the child must establish that the child has met the pertinent eligibility requirements.[3]B. Contents of Certificate of Citizenship1. Information about the ApplicantThe Certificate of Citizenship contains information identifying the person and confirming his or her U.S. citizenship. Specifically, the Certificate of Citizenship contains:USCIS registration number (A-number);Complete name;Marital status;Place of residence;Country of birth; [4]Photograph;Signature of applicant; andOther descriptors: sex, date of birth, and height.2. Additional Information on Certificates of CitizenshipCertificate number;Statement by the USCIS Director indicating that the applicant has complied with all the eligibility requirements for citizenship under the laws of the United States;Date on which the person became a U.S. citizen;Date of issuance; andDHS seal and Director’s signature as the authority under which the certificate is issued.3. Changes to Names or Dates of Birth per Court OrderChange to Date of Birth on Certificate of CitizenshipUSCIS recognizes that the dates of birth of children born abroad are not always accurately recorded in the countries in which they were born. For example, an adopted child whose date of birth (DOB) was unknown may have been assigned an estimated DOB, or the DOB may have been incorrectly recorded or translated from a non-Gregorian calendar.[5]In these cases, the incorrect or estimated DOB is reported on the child’s foreign record of birth and becomes part of the USCIS record. Once in the United States, parents may obtain medical evidence indicating that the DOB on the foreign record of birth and the USCIS record is incorrect and they may choose to obtain evidence of a corrected DOB from the state of residence.USCIS issues a Certificate of Citizenship with the corrected DOB in cases where the applicant (or if the applicant is under age 18, the parent or legal guardian) has obtained a state-issued document from the child’s state of residence with a corrected DOB.[6]A state-issued document includes a:Court order;Birth certificate;Certificate recognizing the foreign birth;Certificate of birth abroad; orOther similar state vital record issued by the child’s state of residence.In cases where USCIS has already issued the Certificate of Citizenship, the applicant may request a replacement Certificate of Citizenship with a corrected DOB by filing an Application for Replacement Naturalization/Citizenship Document (Form N-565) with the appropriate fee.[7]Change of Legal Name on Certificate of CitizenshipIn general, a Certificate of Citizenship includes an applicant’s full legal name[8]as the name appears on the applicant’s foreign record of birth. USCIS will issue a Certificate of Citizenship with a name other than that on the applicant’s foreign record of birth in cases where the applicant, or if the applicant is under age 18, the parent or legal guardian, has obtained a U.S. state court order evidencing a legal name change.[9]If USCIS has already issued the Certificate of Citizenship, the applicant may request a replacement Certificate of Citizenship by filing an Application for Replacement Naturalization/Citizenship Document (Form N-565) with the appropriate fee.[10]USCIS does not assist with the processing of name change petitions through the courts for applicants filing an Application for Certificate of Citizenship (Form N-600). An applicant, parent, or legal guardian must file a name change petition with the court having jurisdiction over the matter.C. Issuance of Certificate of CitizenshipIn general, USCIS issues a Certificate of Citizenship after an officer approves the person’s application and the person has taken the Oath of Allegiance, if applicable, before a designated USCIS officer. USCIS will not issue a Certificate of Citizenship to a person who has not surrendered his or her Permanent Resident Card (PRC) or Alien Registration Card (ARC) evidencing the person’s lawful permanent residence. If the person established that his or her card was lost or destroyed, USCIS may waive the requirement of surrendering the card.[11]If USCIS waives the oath requirement for a person, USCIS issues the certificate after approval of his or her application for the certificate. In such cases, USCIS issues the certificate in person or by certified mail to the parent or guardian in cases involving children under 18 years of age, or to the person (or guardian if applicable) in cases involving persons 18 years of age or older.[12]

YES.READ THE FOLLOWING:Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)Policy ManualChapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)GuidanceResources(7)Appendices(0)Updates(8)A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth[1]A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:[2]The child has at least one parent, including an adoptive parent [3] who is a U.S. citizen by birth or through naturalization;The child is under 18 years of age;The child is a lawful permanent resident (LPR); [4] andThe child is residing [5] in the United States in the legal and physical custody of the U.S. citizen parent. [6]A child born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother may acquire U.S. citizenship under INA 320 if:The child’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the child’s birth; and​The child meets all other requirements under INA 320, including that the child is residing in the United States in the legal and physical custody of the U.S. citizen parent. [7] ​A stepchild who has not been adopted does not qualify for citizenship under this provision.B. Legal and Physical Custody of U.S. Citizen ParentLegal custody refers to the responsibility for and authority over a child. For purposes of this provision, USCIS presumes that a U.S. citizen parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:[8]A biological child who currently resides with both biological parents who are married to each other, living in marital union, and not separated;A biological child who currently resides with a surviving biological parent, if the other parent is deceased;A biological child born out of wedlock who has been legitimated and currently resides with the parent;An adopted child with a final adoption decree who currently resides with the adoptive U.S. citizen parent; [9]A child of divorced or legally separated parents where a court of law or other appropriate government entity has awarded primary care, control, and maintenance of the child to a parent under the laws of the state or country of residence.USCIS considers a U.S. citizen parent who has been awarded “joint custody” to have legal custody of a child. There may be other factual circumstances under which USCIS may find the U.S. citizen parent to have legal custody to be determined on a case-by-case basis.C. Acquisition of Citizenship Prior to Child Citizenship Act of 2000The Child Citizenship Act (CCA) applies only to those children born on or after February 27, 2001, or those who were under 18 years of age as of that date. Persons who were 18 years of age or older on February 27, 2001, do not qualify for citizenship under INA 320. For such persons, the law in effect at the time the last condition was met before reaching 18 years of age is the relevant law to determine whether they acquired citizenship.[10]In general, former INA 321 applies to children who were already 18 years of age on February 27, 2001, but who were under 18 years of age in 1952, when the current Immigration and Nationality Act became effective.In general, a child born outside of the United States to two alien parents, or one alien parent and one U.S. citizen parent who subsequently lost U.S. citizenship, acquires citizenship under former INA 321 if:The child’s parent(s) meet one of the following conditions:​Both parents naturalize;​One surviving parent naturalizes if the other parent is deceased;​One parent naturalizes who has legal custody of the child if there is a legal separation of the parents; or​The child’s mother naturalizes if the child was born out of wedlock and paternity has not been established by legitimation.The child is under 18 years of age when his or her parent(s) naturalize; andThe child is residing in the United States pursuant to a lawful admission for permanent residence at the time the parent(s) naturalized or thereafter begins to reside permanently in the United States.As originally enacted in 1952, this section did not apply to adopted children of naturalized citizens.[11]Beginning on October 5, 1978, however, INA 321 became generally applicable to an adopted child if the child was residing in the United States at the time the adoptive parent or parents naturalized and the child was in the custody of his or her adoptive parents pursuant to a lawful admission for permanent residence.[12]D. Application for Certificate of Citizenship (Form N-600)A person who automatically obtains citizenship is not required to file an Application for Certificate of Citizenship (Form N-600). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. passport with the Department of State to serve as evidence of his or her U.S. citizenship.A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child's U.S. citizen biological parent, adoptive parent, or legal guardian must submit the application.[13]USCIS will issue proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance, if required to do so.[14]E. Documentation and EvidenceThe applicant must submit the following required documents unless such documents are already contained in the USCIS administrative record or do not apply:[15]The child's birth certificate or record.Marriage certificate of child's parents, if applicable.Proof of termination of any previous marriage of each parent if either parent was previously married and divorced or widowed, for example:​Divorce Decree; or​Death Certificate.Evidence of United States citizenship of parent:​Birth Certificate;​Naturalization Certificate;​Consular Report of Birth Abroad (FS-240);​A valid unexpired U.S. passport; or​Certificate of Citizenship.Documents verifying legitimation according to the laws of the child's residence or domicile or father's residence or domicile if the child was born out of wedlock.Documentation of legal custody in the case of divorce, legal separation, or adoption.Copy of Permanent Resident Card or Alien Registration Receipt Card or other evidence of lawful permanent resident status, such as an I-551 stamp in a valid foreign passport or travel document issued by USCIS.Copy of the full, final adoption decree, if applicable:For an adopted child (not orphans or Hague Convention adoptees), evidence that the adoption took place before the age of 16 (or 18, as appropriate) and that the adoptive parent(s) had custody of, and lived with, the child for at least two years. [16] For an adopted orphan, a copy of notice of approval of the orphan petition and supporting documentation for such petition (except the home study) or evidence that the child has been admitted for lawful permanent residence in the United States with the immigrant classification of IR-3 (Orphan adopted abroad by a U.S. citizen) or IR-4 (Orphan to be adopted by a U.S. citizen). [17] For a Hague Convention adoptee, a copy of the notice of approval of Convention adoptee petition and its supporting documentation, or evidence that the child has been admitted for lawful permanent residence in the United States with the immigrant classification of IH-3 (Hague Convention Orphan adopted abroad by a U.S. citizen) or IH-4 (Hague Convention Orphan to be adopted by a U.S. citizen). [18] If the child was admitted as an LPR as an orphan or Hague Convention adoptee [19] (this evidence may already be in the child’s A-file).Evidence of all legal name changes, if applicable, for the child and U.S. citizen parent.An applicant does not need to submit documents that were submitted in connection with:An immigrant visa application retained by the American Consulate for inclusion in the immigrant visa package; orAn immigrant petition or application and included in a USCIS administrative file.If necessary, an officer may continue the application to request additional documentation to make a decision on the application.F. Citizenship Interview and WaiverIn general, an applicant must appear in person for an interview before a USCIS officer after filing an Application for Certificate of Citizenship. This includes the U.S. citizen parent or parents if the application is filed on behalf of a child under 18 years of age.[20]USCIS, however, may waive the interview requirement if all the required documentation necessary to establish the applicant's eligibility is already included in USCIS administrative records or if the required documentation is submitted along with the application.[21]G. Decision and Oath of Allegiance1. Approval of Application, Oath of Allegiance, and Waiver for Children under 14 Years of AgeIf an officer approves the Application for Certificate of Citizenship, USCIS administers the Oath of Allegiance before issuing a Certificate of Citizenship.[22]However, the INA permits USCIS to waive the taking of the Oath of Allegiance if USCIS determines the person is unable to understand its meaning.[23]USCIS has determined that children under the age of 14 are generally unable to understand the meaning of the oath.Accordingly, USCIS waives the oath requirement for a child younger than 14 years of age. If USCIS waives the oath requirement, USCIS issues a Certificate of Citizenship after the officer approves the application.2. Denial of ApplicationIf an officer denies the Certificate of Citizenship application, the officer must notify the applicant in writing of the reasons for denial and include information on the right to appeal in the notice.[24]An applicant may file an appeal within 30 calendar days after service of the decision (33 days if the decision was mailed).Footnotes1. [^] See INA 320. See Nationality Chart 3.2. [^] These provisions were created by the Child Citizenship Act of 2000 (CCA), Pub. L. 106-395 (October 30, 2000), which amended earlier provisions of the Immigration and Nationality Act (INA) regarding acquisition of citizenship after birth for foreign-born children who have U.S. citizen parent(s). These CCA amendments became effective on February 27, 2001.3. [^] As long as the child meets the requirements to be considered an adopted child for immigration purposes, as outlined in INA 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G).4. [^] A person is generally considered to be an LPR once USCIS approves his or her adjustment application or once he or she enters the United States with an immigrant visa. See INA 245(b). For certain classifications, however, the effective date of becoming an LPR is a date that is earlier than the actual approval of the status (commonly referred to as a “rollback” date). See Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Resident (LPR) Admission for Naturalization, Section A, Lawful Permanent Resident (LPR) at Time of Filing and Naturalization [12 USCIS-PM D.2(A)]. In addition, a person who is born a U.S. national and is the child of a U.S. citizen may establish eligibility for a Certificate of Citizenship without having to establish LPR status.5. [^] For the definition of residence, see Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section F, Definition of U.S. Residence [12 USCIS-PM H.2(F)].6. [^] See INA 320. See 8 CFR 320.2. Children of U.S. government employees, including members of the armed forces, who live with parents who are stationed outside the United States are not considered to be “residing in” the United States for purposes of acquisition of citizenship under INA 320. For a more thorough discussion, see Chapter 5, Child Residing Outside of the United States (INA 322), Section F, Application for Citizenship and Issuance of Certificate under Section 322 (Form N-600K) [12 USCIS-PM H.5(F)].7. [^] For a more thorough discussion, see Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section E, Child Born Abroad through Assisted Reproductive Technology [12 USCIS-PM H.2(E)].8. [^] See 8 CFR 320.1.9. [^] If the requirements of INA 101(b)(1)(E), or INA 101(b)(1)(F), or INA 101(b)(1)(G) are met.10. [^] See Chapter 3, United States Citizens at Birth (INA 301 and 309) [12 USCIS-PM H.3].11. [^] See Section 321(b) of INA of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 245 (June 27, 1952).12. [^] See Section 5 of the Act of October 5, 1978, Pub. L. 95-417 (PDF). The 1978 amendment limited this benefit to a child adopted while under 16 years of age. This restriction was removed in 1981 by the Act of December 21, 1981, Pub. L. 97-116 (PDF), but is also included in the definition of “child” in INA 101(c).13. [^] See 8 CFR 320.3(a).14. [^] See Section G, Decision and Oath of Allegiance [12 USCIS-PM H.4(G)]. See Part J, Oath of Allegiance, Chapter 2, The Oath of Allegiance [12 USCIS-PM J.2].15. [^] See 8 CFR 320.3(b).16. [^] See INA 101(b)(1)(E). See Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section C, Adopted Child [12 USCIS-PM H.2(C)].17. [^] If admitted as an IR-4 because there was no adoption abroad, the parent(s) must have completed the adoption in the United States. If admitted as an IR-4 because the parent(s) obtained the foreign adoption without having seen the child, the parent(s) must establish that they have either “readopted” the child or obtained recognition of the foreign adoption in the State of residence (this requirement can be waived if there is a statute or precedent decision that clearly shows that the foreign adoption is recognized in the State of residence). See 8 CFR 320.1.18. [^] If admitted as an IH-4, the parent(s) must have completed the adoption in the United States.19. [^] See INA 101(b)(1).20. [^] See 8 CFR 320.4.21. [^] See 8 CFR 341.2. See Section G, Documentation and Evidence [12 USCIS-PM H.5(G)].22. [^] See 8 CFR 320.5(a) and 8 CFR 337.1. See INA 337. See Part J, Oath of Allegiance, Chapter 2, The Oath of Allegiance [12 USCIS-PM J.2].23. [^] See INA 337(a). See 8 CFR 341.5(b).24. [^] See 8 CFR 320.5(b) and 8 CFR 103.3(a).