obtaining certificate of u.s. citizenship (n-600...

Presenter: Edward C. BesharaPresident & Attorney at Law

OBTAINING CERTIFICATE OF U.S. CITIZENSHIP (N-600 APPLICATION)

IMMEDIATE RIGHT TO CITIZENSHIP

2

IndexTopic Slide #Title……………………………………………………………………1Index…………………………………………………………………. 2 - 3Introduction………………………………………………………….. 4 • Naturalization Process………………………………............... 5• U.S. Citizenship Right…………………………………………. 6U.S. Passport Immediately Obtained…………………………….. 7• Current Law………………………………………………………7• Example…………………………………………………………. 8 - 9Applying for U.S. Citizenship……………………………………… 10• U.S. Armed Forces…………………………………………….. 10• Children Born Outside the U.S. to U.S. Parents……………. 11

– Eligibility Requirements for Parents Applying for Minor Children................................................................. 12 - 13

• All Conditions Exist……………………………………. 14• Not All Conditions Exist………………………………. 15• Child Resided in U.S………………………………….. 16

– Eligibility Requirements in General………………………. 16, 17 - 18To File N600 Application……………………………………………19• Where to File……………………………………………………. 19• Applicant………………………………………………………….20

3

IndexTopic Slide #• Applicant Under 18 Years of Age & Application Filed by

U.S. Parent……………………………………………………….21 Extracts From N600 Application………………………………….. 22 - 23• Eligibility of Applicant……………………………………………24 - 26• Entry Into the U.S………………………………………………. 27 - 28• Adoption/Orphans……………………………………………… 29 - 30• Children Born Before October 10, 1952……………………… 31• Father……………………………………………………………. 32 - 36• Mother…………………………………………………………….27 - 42• Military Service………………………………………………….. 43• Signing…………………………………………………………… 44• Penalties………………………………………………………… 45 - 47Process & Steps to Follow Before Interview…………………….. 48• Fingerprints……………………………………………………… 48• Preparation for Interview………………………………………. 49N600 Interview……………………………………………………….50• Interview Day……………………………………………………. 50• During Interview………………………………………………… 51Citizenship Ceremony……………………………………………… 52Conclusion……………………………………………………………53 - 54

1

1

Obtaining Certificate of U.S. Citizenship (N600 Application) Immediate Right to

Citizenship

Presenter: Edward C. Beshara, Attorney at Law

Agenda/Logistics

1. Live Webcast with PowerPoint Slides

2. PowerPoint Downloaded

3. Live Questions & Answers

1. Ask Questions during the webcast and answers will be verbal

Send

Q: How long can I spend in the U.S. under this status?

Ask Question Click “Ask Questions” Tab

Type in question

Click “Send” Button

2

IndexTopic Slide #Title……………………………………………………………………1Index…………………………………………………………………. 2 - 3Introduction………………………………………………………….. 4 • Naturalization Process………………………………............... 5• U.S. Citizenship Right…………………………………………. 6U.S. Passport Immediately Obtained…………………………….. 7• Current Law………………………………………………………7• Example…………………………………………………………. 8 - 9Applying for U.S. Citizenship……………………………………… 10• U.S. Armed Forces…………………………………………….. 10• Children Born Outside the U.S. to U.S. Parents……………. 11

– Eligibility Requirements for Parents Applying for Minor Children................................................................. 12 - 13

• All Conditions Exist……………………………………. 14• Not All Conditions Exist………………………………. 15• Child Resided in U.S………………………………….. 16

– Eligibility Requirements in General………………………. 16, 17 - 18To File N600 Application……………………………………………19• Where to File……………………………………………………. 19• Applicant………………………………………………………….20

2

3

IndexTopic Slide #• Applicant Under 18 Years of Age & Application Filed by

U.S. Parent……………………………………………………….21 Extracts From N600 Application………………………………….. 22 - 23• Eligibility of Applicant……………………………………………24 - 26• Entry Into the U.S………………………………………………. 27 - 28• Adoption/Orphans……………………………………………… 29 - 30• Children Born Before October 10, 1952……………………… 31• Father……………………………………………………………. 32 - 36• Mother…………………………………………………………….27 - 42• Military Service………………………………………………….. 43• Signing…………………………………………………………… 44• Penalties………………………………………………………… 45 - 47Process & Steps to Follow Before Interview…………………….. 48• Fingerprints……………………………………………………… 48• Preparation for Interview………………………………………. 49N600 Interview……………………………………………………….50• Interview Day……………………………………………………. 50• During Interview………………………………………………… 51Citizenship Ceremony……………………………………………… 52Conclusion……………………………………………………………53 - 54

4

Introduction

• Immigrant Visa = Permanent Resident = Green Card

• Permanent Residency obtained by – Family Relationship

– Employment Based

3

5

Introduction

• Naturalization Process

• Must be Permanent Resident before U.S. Naturalization– U.S. Naturalization is U.S. Citizenship

• U.S. permanent residents who are already able to live or work in the U.S. may apply for U.S. citizenship through the naturalization process.

6

Introduction

• U.S. Citizenship Right

• U.S. Citizenship Obtained without the need first to become Permanent Resident is possible.

• Those persons who are born outside the U.S. to U.S. citizen parent(s) or who served in the U.S. Armed Forces, may apply for U.S. citizenship and as a result gain the right to be employed in the U.S., without the need to first become U.S. permanent residents.

4

7

U.S. Passport Immediately Obtained

• Current Law

• To claim U.S. citizenship either by action of law while residing in the U.S. or by having been born outside the U.S. to U.S. citizen parent(s).

• To determine if Applicant was born a U.S. citizen, USCIS must look at the law that was in effect at the time of your birth. The current law was enacted on November 14, 1986, and was last amended on February 27, 2001.

8

• Example

• Obtaining a U.S. Passport without first obtaining Certificate of U.S. Citizenship (N600 Form) or first obtaining Naturalization Certificate (N400 Form)

– Certain circumstances will lead to issuance of U.S. Passport

U.S. Passport Immediately Obtained

5

9

U.S. Passport Obtained Immediately

• Example:– Alien Spouse marries U.S. citizen and obtains

Permanent Residency– Alien minor child under 18 years old of Alien mother

(spouse of U.S. citizen) obtains Permanent Residency

– Alien Spouse (mother) obtains U.S. Naturalization (Citizenship) and minor child remains under 18 years old

– Minor (Permanent Resident) child can immediately apply for U.S. Passport which will be proof of U.S. Citizenship

– Minor child may then apply for N600 Certificate of Citizenship

10

Applying for U.S. Citizenship• U.S. Armed Forces • Aliens who served in the U.S. Armed Forces may

apply for naturalization if the following requirements have been met:– Served in U.S. Armed Forces during April 1, 1917 to

November 11, 1918; September 1, 1939 to December 31, 1946; June 25, 1950 to July 1, 1955; February 28, 1961 to October 15, 1978; if served in the U.S., the Panama Canal Zone, American Samoa, the Swains Island.

– Served honorably and actively during these periods.– When the U.S. citizen who serves and dies while on

active duty is survived by a spouse, the alien spouse may become a U.S. citizen by naturalization.

6

11

Applying for U.S. Citizenship

• Children Born Outside U.S. to U.S. Parents • Children who are born in another country to U.S.

parent(s) may become U.S. citizens upon application to the USCIS or U.S. Consul.

• If the alien child falls within a citizenship category. If so, then the alien may become a citizen who immediately has a right to work in the U.S.

• This approach is especially helpful to foreign children who have reached legal working age and who desire to reside and work in the U.S. These children may avoid the lengthy and detailed procedures to obtain the work related visas.

12


• Children Born Outside the U.S. to U.S. Parent(s)

• Eligibility Requirements for Parents applying for minor children

• If Applicant is the biological or adopted child of a U.S. citizen, was born outside of the U.S., and is claiming citizenship by action of law, Applicant automatically becomes a U.S. citizen if:1. Applicant has at least one parent who is a U.S.

citizen, whether by birth or naturalization;2. Applicant regularly resides in the U.S. in the legal

and physical custody of the U.S. citizen parent.

7

13


• Children Born Outside the U.S. to U.S. Parent(s)• Eligibility Requirements for Parents Applying for Minor

Children• If Applicant is the biological or adopted child of a U.S.

citizen, was born outside of the U.S., and is claiming citizenship by action of law, Applicant automatically becomes a U.S. citizen if:

3. Applicant has been lawfully admitted for permanent residence (Note: If Applicant entered the U.S. as an adopted child, must have been admitted as an IR-3 (child adopted outside the U.S.). If entered as IR-4 (child coming to U.S. to be adopted), a final adoption must take place for this section of law to apply to you);

4. Applicant has not yet reached 18th birthday;5. Applicant is a biological child, is legitimate, or is legitimated

while in the legal custody of legitimating parent(s) prior to reaching 16th birthday; or

6. Applicant is a biological child born out of wedlock and has not been legitimated and mother naturalizes as a U.S. citizen.

14


• Eligibility Requirements

• All Conditions Exist

• If Applicant is now 18 years of age, ALL OF the above six (6) conditions applied before the 18th birthday and Applicant was under the age of 18 on February 27, 2001 (the date the law took effect) may file Form N600 to obtain a Certificate of Citizenship.

8

15


• Eligibility Requirements

• Not All Conditions Exist

• Applicant under the age of 18 on February 27, 2001, But Not All of the conditions noted above were met prior to the 18th

birthday, Applicant must qualify for U.S. Citizenship in their own right.

16


• Eligibility Requirements in General

• Child Resided in the U.S.

• Applicant may file for a Certificate of Citizenship if all of the following actions occurred before Applicant’s 18th birthday and prior to February 27, 2001:

1. Applicant regularly resided in the United States after admission as a lawful permanent resident; and

2. Both parents, the parent having legal and physical custody of Applicant, or sole surviving parent naturalized as a U.S. Citizen.

9

17


• Eligibility Requirements in General• Applicant is the biological child of a U.S. citizen

born outside the United States and is claiming citizenship by having been born to U.S. citizen parent(s), Applicant automatically becomes a U.S. citizen at birth if:1. Applicant was born to two U.S. citizen

parents and at least one parent had a residence in the United States or one of its outlying possessions. This residence had to have taken place prior to Applicant’s birth.

18


• Eligibility Requirements in General• Or

1. Applicant was born to parents, one of whom is an alien and the other a U.S. citizen who, prior to the Applicant's birth, had been physically present in the United States or one of its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of 14 years.

10

19

To File N600 Application

• Where to File

• To File the N600 Application at USCIS Office Having Jurisdiction Over Place of Residence of Applicant

20


• Applicant:1. Claiming to have acquired (at birth) or

derived (after birth) U.S. citizenship through a U.S. citizen parent, or

2. Who was born a U.S. citizen outside the United States or who fulfilled the requirements for becoming a U.S. citizen prior to their 18th birthday may file this Application.

11

21


3. Applicant Under 18 Years of Age– In the case of adopted or biological children

(under 18 years) qualifying for citizenship under section 320 of the Immigration and Nationality Act (INA), the application must be filed by the U.S. citizen parent or legal guardian with legal and physical custody of the child.

22

Extracts From N600 Application• USCIS Examiner will review the N600 Application with the Applicant

during the N600 Interview.• Write a number in top right hand corner of page for applicant or

child.

12

23

Extracts From N600 Application

24

Extracts From N600 Application•Eligibility

13

25


26

• Write “Care Of” if Mailing Address is Different From Home Address.

• Documents Required:– Certified Copy of Marriage Record

– Certified Copy of Divorce Decree


14

27

• Entry Into the U.S.


28

• Need to refer to Applicant’s passport


15

29

• Adoption


30

• Adoption/Orphans

• Note: Orphans coming to the U.S. to be adopted by U.S. citizen parent(s) must show adoption in the U.S. or foreign adoption recognized by state where child is permanently residing.

• Show certified court documents


16

31

• Children Born Before October 10, 1952


32

• Father


17

33

• Father


34

• Residence


18

35

Father’s Presence in the U.S.

• Only applicants born outside the United States who are claiming to have been born U.S. citizens are required to provide all the dates when their U.S. citizen father was in the Untied States.

• Dates should include all time immediately after birth as well as after the age of 14 years and older.

36

• Father


19

37

• Mother


38

• Mother• For No. 7 Question: Provide answer even

though U.S. citizen mother regained citizenship at a later date.


20

39


• Mother

40


• Mother’s Presence in the U.S. • Only applicants who are claiming to have

been born U.S. citizens outside of the United States are required to provide all the dates when the U.S. citizen mother was in the United States.

• Dates should include all time immediately after birth as well as after the age of 14 years and older.

21

41


• Mother

42


• Mother

22

43


• Military Service

44


23

45


• Penalties • If Applicant knowingly and willfully falsify

or conceal a material fact or submit a false document with this request, we will deny your Form N-600, and may deny any other immigration benefit.

• In addition, the Applicant will face severe penalties provided by law, and may be subject to criminal prosecution.

46

Extracts From N600 Application• Penalties

24

47

• Do not complete the following parts unless a USCIS Officer instructs you to do so.


48

Process & Steps to Follow Before Interview

• Fingerprints1. Will receive a Request or Notice from

USCIS (ASC: Application Support Center) for Biometrics, i.e. fingerprints and photo for security review.

2. Start organizing supporting documents showing right to U.S. citizenship (may be same or additional Documents attached to N600 Application).

25

49

Process & Steps to Follow Before Interview

• Preparation for Interview• Upon receipt of Notice of Interview

– Prepare documents to present to USCIS adjudications examiner and prepare for possible questions from N600 Application filed

– Documents Indexed show right to U.S. citizenship

50

N600 Interview

• Interview Day

• Be present at USCIS at least 30 minutes before Interview date and time

• Called in for Interview by Adjudication Examiner

• Asked to swear to tell the truth

• Only answer questions asked to you

26

51

N600 Interview

• During Interview

• Approval & USCIS Ceremony

• USCIS Examiner may approve N600 Application

• Will receive notice stating approval

• Will receive notice of date and time for USCIS Ceremony for receiving certificate of U.S. citizenship

• Alternative arrangements may allow receiving certificate of U.S. citizenship without attendance at formal ceremony

52

Citizenship Ceremony

• Arrive an hour before the Ceremony• May bring friends, family and take

photographs• Will have to show information and

documentation requested– Identification: Driver’s License

• Will receive Certificate of U.S. citizenship• At some USCIS offices, after the

Ceremony you will be able to apply for a U.S. Passport

27

53

Conclusion

• U.S. Passports are issued for definite periods (e.g. 10 year period)

• Certificate of U.S. Citizenship should be filed in a secure place

54

Conclusion

• Use U.S. Passport for re-entry into the U.S.

• Being a U.S. Citizen allows Petitions to be filed for other relatives

28

55

“The information on this website, article, seminar, brochure, or advertisement is not to be considered legal advice and does not lead to an attorney-client relationship. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from a qualified and experienced immigration attorney regarding specific case situations. The hiring of a lawyer is an important decision that should not be based solely upon these articles, website, seminars, brochures, or advertisements. Before you decide, please take the option and opportunity to review our written qualifications and experience on our website. U.S. immigration laws, rules, procedures and policies constantly change and any reader of an article or information and any participant in a webcast should always know that the information is constantly changing and therefore should follow and read the disclaimer above and herein. It is always advisable to obtain updated information”