Explaining the N-600—All You Need to Know About the Application for Certificate of Citizenship

Explaining the N-600—All You Need to Know About the Application for Certificate of Citizenship

What is the N-600 Form?

The N-600 form, also known as an “Application for Certificate of Citizenship”— is the official government form for requesting proof of United States citizenship. Usually, those who file the N-600 are individuals who (1) received their United States citizenship through their parents, and (2) need a Certificate of Citizenship to prove their legal status as a United States citizen.

Why Would Someone Need a Certificate of Citizenship?

The N-600 does not confer citizenship or naturalization. Rather, it is an important document for individuals who are United States citizens through their parents but were not automatically issued a Certificate of Citizenship. The Certificate of Citizenship provides proof of United States citizenship, which an individual may need for many reasons. A few of those might include being able to:

  • Apply for a United States passport;

  • Apply for federal jobs that require United States citizenship;

  • Vote in federal and state elections;

  • Apply for and receive educational financial aid;

  • Access benefits that are only available to United States citizens; and

  • Sponsor family members to immigrate to the United States.

Who Should File the N-600?

Generally speaking, an N-600 is filed by an individual who is a United States citizen through their parent(s) but needs documentation to prove their legal status. Individuals eligible to file the N-600 may include:

  • Children who were born outside the United States to at least one United States citizen parent;

  • Children who were under 18 years old when their parents became naturalized citizens; or

  • Certain adopted children under the age of 18 at the time adoption is finalized.

If a child under the age of 18 falls into one of these categories, a parent may file the N-600 on their minor child’s behalf.

Who Should NOT file the N-600?

You should not file the N-600 if you have a green card and are planning to naturalize. Rather, a green-card holder who wants to naturalize should file the N-400 form, or the “Application for Naturalization.”

Further, if you already have a United States passport, you do not need to file the N-600. Your passport will serve as your proof of United States citizenship so long as the passport is valid.

Last, per USCIS guidance, you should not file the N-600 if you fall into any of the following categories:

  1. You do not have at least one biological or adoptive U.S. citizen parent;

  2. You are the child of U.S. citizen parents who regularly resides outside the United States;

  3. You were born out-of-wedlock, you were not legitimated prior to your 16th birthday, and your U.S. citizen parent is your father (unless you were born abroad to a mother who is an eligible United States citizen);

  4. You are seeking to replace a lost or stolen; or

  5. You already filed Form N-600 and received a decision from USCIS on that previously filed Form N-600.

How Do I Complete the N-600?

The N-600 can be completed and filed online. The form can also be downloaded and printed from the USCIS website and mailed to USCIS when complete. If you are filling out the form for yourself, you will need to provide accurate information about yourself and your parents. If you are filling out the form on behalf of a child, you will provide your child’s information, as well as information about your yourself.

When you submit the N-600, you will also need to provide supporting documentation to prove your United States citizenship. These documents include:

  • Your birth certificate;

  • Proof of your parent’s United States citizenship (passport, naturalization certificate, etc.);

  • Your United States citizen parent’s birth certificate;

  • Two identical passport-sized photographs.

Depending on your specific circumstances, you may have to provide additional documents. Additional documents often include:

  • Proof that the applicant lives with a United States citizen parent;

  • United States citizen’s marriage certificate;

  • Divorce documentation of the United States citizen’s previous marriage;

  • Proof of physical or legal custody (in cases of legal separation, divorce, or adoption);

  • Final adoption decrees (and decrees terminating parental rights, if applicable); and

  • Proof of legal name changes;

  • Permanent Resident Card (“Green Card.”)

Per USCIS policy, if you were born a United States national and are the child of a United States citizen, you may establish eligibility for a Certificate of Citizenship without having to establish Lawful Permanent Resident status. In other words, if you acquired your United States citizenship at birth by having a United States citizen parent, you do not need to present a Green Card along with your N-600.

Remember, any non-English document must be submitted with a corresponding certified English translation of the document.

Along with the N-600 form and supporting documents, you will also have to pay a filing fee. The filing fee for filing online is $1,335. The paper filing fee is $1,385. Some applicants may be available for a fee waiver.

After submitting the N-600, some applicants may have to attend a biometrics appointment for fingerprinting. An interview may also be required for some applicants. USCIS will notify you if these steps are required for your case.

Once your N-600 and supporting documents are submitted to USCIS, you should expect to wait several months for your application to be processed. Sometimes it can take longer than one year to process the N-600, depending on which USCIS service center is processing the application.

How Shillig Law Can Help You

In short, the N-600 is a crucial form for those who need official proof of their United States citizenship. At Shillig Law, we understand that navigating the immigration system can be complicated and intimidating. Our talented team of attorneys is here to help you decide whether you or a loved one should file a N-600 form, and to assist you in filing your application so your United States citizenship, and all the rights and privileges that come with it, are officially recognized.

I-601A Provisional Unlawful Presence Waiver

Understanding the Provisional Unlawful Presence Waiver 

  • The I-601A Provisional Unlawful Presence Waiver is a crucial tool for addressing the inadmissibility of individuals due to unlawful presence in the United States. This waiver is especially vital for those who must leave the U.S. to obtain an immigrant visa through consular processing.

Introduction to the I-601A Waiver:

Upon entering the U.S., individuals are typically given a specific date by which they must depart, as noted on Form I-94. If an individual overstays this period, they begin to accrue unlawful presence. Those who entered the U.S. without inspection or parole, such as by illegally crossing a border, accrue unlawful presence from their first moment of entry. Accumulating 180 days of unlawful presence triggers a three-year bar to reentry into the U.S., while one year of unlawful presence results in a ten-year bar. 

Generally, individuals accruing unlawful presence must leave the U.S. and seek reentry through a U.S. consulate or embassy. For noncitizen spouses of U.S. citizens who entered with inspection or parole, but have accrued unlawful presence, there is an exception that may allow them to adjust status within the U.S. without having to leave. But noncitizen spouses, unmarried children under 21, or parents of U.S. citizens or Lawful Permanent Residents (LPRs) who entered without inspection or parole, including Deferred Action for Childhood Arrivals (DACA) recipients, must seek a Provisional Unlawful Presence Waiver before leaving the country to complete their consular processing at a U.S. consulate or embassy. This process has potentially discouraged many from leaving the U.S. to pursue immigrant visas due to fears of not being able to return.

There are two programs that do not require noncitizen spouses and children of U.S. citizens who entered without inspection or parole to leave the country for consular processing. These include 1) Keeping American Families Together (KAFT) and 2) Military Parole in Place. Both programs have strict requirements. KAFT requires noncitizen spouses of U.S. citizens to be continuously present in the U.S. for at least 10 years as of June 17th, 2024, and to have obtained a legally valid marriage to a U.S. citizen as of June 17th, 2024. Military Parole in Place only applies to the noncitizen spouses, parents, and unmarried children under the age of 21 of U.S. citizens serving in the military.

The Emergence of the I-601A Waiver:

The I-601A Provisional Unlawful Presence Waiver, introduced on March 4, 2013, was a groundbreaking development. It allowed certain immigrants to apply for a waiver of inadmissibility due to unlawful presence while still in the U.S., before departing for their immigrant visa interview abroad.

Necessity of the I-601A Waiver:

For individuals unable to adjust their status within the U.S., obtaining an immigrant visa requires traveling abroad. Those who have accrued more than 180 days of unlawful presence are inadmissible under Section 212(a)(9)(B) of the Immigration and Nationality Act (INA). Previously, waivers for such inadmissibility could only be applied for after an immigrant visa interview abroad, leading to prolonged family separations. The I-601A waiver mitigates this issue by enabling individuals to apply for a waiver while still in the U.S., thus shortening the time families spend apart.

However, the provisional waiver process does not alter the immigrant visa process. Even if the I-601A waiver is approved, individuals must still depart the U.S. to complete their immigrant visa processing at a U.S. Embassy or Consulate abroad. Approval of the provisional waiver does not grant eligibility for adjustment of status in the U.S. but allows for a smoother transition to immigrant visa processing abroad.

Eligibility Criteria:

To qualify for the I-601A waiver, applicants must meet several criteria:

  1. Physical Presence: Be physically present in the U.S.

  2. Age Requirement: Be at least 17 years old.

  3. Pending Immigrant Visa Case: Be the principal beneficiary of an approved Form I-130, Form I-140, Form I-360, or Diversity Visa Program selectee. To be the principal beneficiary, the applicant must be an immediate relative (the spouse, parent(s), or unmarried children under age 21 of a U.S. citizen or Lawful Permanent Resident (LPR)).

  4. Extreme Hardship: Demonstrate that denial of admission would cause extreme hardship to a U.S. citizen or lawful permanent resident Qualifying Relative (QR). QRs include spouses and parents only. 

    • Note: U.S. citizen or LPR children may sponsor their parents for an I-130, but cannot be the QR for an I-601A and so cannot gain approved Provisional Unlawful Presence Waivers for their parents. 

  5. Unlawful Presence: Show that inadmissibility is solely due to unlawful presence of 180 days or more accrued in the U.S.

  6. Additional Requirements: Applicants must meet any other conditions specified in 8 CFR 212.7(e) and Form I-601A instructions.

Ineligibility Conditions:

Applicants may be ineligible if they:

  1. Do not meet all eligibility criteria including requirements specified in the Form I-601A instructions

  2. Are in removal proceedings that have not been administratively closed.

  3. Have a final order of removal, exclusion, or deportation, unless they have already been granted approval for Form I-212.

Approval and Revocation:

Approval of the I-601A Provisional Unlawful Presence Waiver does not:

  • Grant any immigration benefits or legal status.

  • Protect the applicant from removal.

  • Guarantee the issuance of an immigrant visa.

  • Ensure admission into the U.S. by Customs and Border Protection.

  • Allow for interim immigration benefits such as work authorization.

An approved waiver is automatically revoked if:

  • The Department of State (DOS) terminates the immigrant visa application process.

  • U.S. Citizenship and Immigration Services (USCIS) revokes the underlying approved immigrant visa petition.

  • The consular officer finds the applicant ineligible for the visa on other grounds.

  • The applicant re enters or attempts to reenter the U.S. without inspection.

Comparing the I-601A with the Regular I-601 Waiver

The I-601A waiver, filed while the applicant is still in the U.S., seeks to reduce family separation time. In contrast, the regular I-601 waiver is filed after an applicant is found inadmissible during their immigrant visa interview abroad. Both waivers address unlawful presence, but the I-601A allows for provisional approval while still in the U.S., while the regular I-601 waiver is processed after the applicant has left the country.

Strengthening Your Application

  • Detailed Documentation: Provide comprehensive evidence to support claims of extreme hardship, such as medical records, financial documents, psychological evaluations, and personal affidavits.

  • Legal Representation: Consider hiring an immigration attorney to ensure the application is thorough and persuasive.

  • Consistent Follow-Up: Regularly check the application status and promptly respond to any Requests for Evidence (RFE) from USCIS.

Potential Outcomes and Their Implications

  • Approval: If the waiver is approved, the applicant can proceed with leaving the U.S. for their consular interview abroad. However, approval does not guarantee visa issuance or U.S. admission.

  • Denial: If your I-601A waiver is denied you can reapply or appeal. Denials often stem from insufficient evidence of extreme hardship or other grounds of inadmissibility.

  • Request for Evidence (RFE): USCIS may issue an RFE if additional information is needed. Comprehensive responses are crucial to avoid delays or denials.

  • Administrative Closure or Withdrawal: If the application is administratively closed or withdrawn, the applicant may reapply but must start the process anew, including paying all fees again.

How an Immigration Lawyer Can Help

Navigating the I-601A Provisional Unlawful Presence Waiver process can be extremely complex and challenging, with life-altering stakes for applicants and their families. An experienced immigration lawyer can significantly improve the chances of success and streamline the process by assessing eligibility, building a strong case for extreme hardship, correctly completing and submitting application forms and documentation, accurately responding to requests for evidence (RFEs), and advising on consular processing and immigrant visa interviews.

Connect with an Immigration Attorney

Shillig Law's immigration attorneys are experts on the latest immigration processes. They are trained to evaluate your eligibility for all immigration programs and can address any questions related to your specific situation. Contact us today!

www.shilliglaw.com

682-888-2146

jt@shilliglaw.com

Conclusion

The I-601A Provisional Unlawful Presence Waiver is a valuable tool for individuals facing inadmissibility due to unlawful presence. It offers a pathway to mitigate extended family separations while awaiting an immigrant visa. Understanding the eligibility criteria, application process, and potential outcomes is crucial for applicants seeking to successfully reunite with their families in the U.S. after consular processing. With proper preparation, thorough documentation, and legal guidance, individuals can enhance their chances of waiver approval and facilitate family reunification and stability. For detailed information, applicants should consider seeking legal advice to navigate this complex process effectively.

Key Resources about this Program



Keeping American Families Together (KAFT)

DHS Announces New Process for Family Unity & Stability 

  • The Keeping American Families Together (KAFT) Program will soon provide noncitizen spouses and stepchildren of U.S. citizens a pathway to apply for lawful permanent residence without having to leave the United States.

Exciting New Program:

On June 18th, 2024, the Department of Homeland Security (DHS) announced an exciting new process called the Keeping American Families Together (KAFT) program which will allow certain noncitizen spouses and stepchildren of U.S. citizens to apply for lawful permanent residence without having to leave the United States. 

This new KAFT program is distinguished from two similar existing programs – 1) Provisional Unlawful Presence Waiver and 2) Military Parole in Place. Currently, noncitizen spouses and stepchildren of U.S. citizens must often leave the U.S. while waiting for their parole applications to be processed. 

During the Provisional Unlawful Presence Waiver process, a noncitizen spouse of a U.S. citizen must submit a form I-130 for approval, then complete an I-601A waiver. Even after this lengthy process, the noncitizen spouse is required to leave the United States to complete consular processing. 

Military Parole in Place is a simpler process and does not require the noncitizen spouse to leave the U.S., but only applies to the noncitizen spouses of U.S. citizens serving in the military. 

Both Provisional Unlawful Presence Waiver and Military Parole in Place remain extremely useful processes, especially for those who do not meet the requirements of the new KAFT program.

The KAFT Program:

The new KAFT Program is extremely exciting because it empowers U.S. Citizenship and Immigration Services (USCIS) to allow certain noncitizen spouses and stepchildren of U.S. citizens to apply for lawful permanent residence without having to leave the United States. 

DHS estimates that 500,000 noncitizen spouses and 50,000 of their children could benefit from this program.

This new process commenced on August 19th, 2024. Applications are currently being accepted and the fee for this program is $580. 

Currently Available Information: 

Eligibility for Noncitizen Spouses

  1. Present in the U.S. without admission or parole.

  2. Continuously present in the U.S. for at least 10 years as of June 17, 2024.

  3. Legally valid marriage to a U.S. citizen as of June 17, 2024.

  4. Have no disqualifying criminal history.

  5. Not constitute a threat to national security or public safety.

  6. Merit a favorable exercise of discretion.

Eligibility for Noncitizen Children

  1. Present in the U.S. without admission or parole.

  2. Qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

  3. Have no disqualifying criminal history.

  4. Not constitute a threat to national security or public safety.

  5. Merit a favorable exercise of discretion.

USCIS Evaluation

Once a parole-in-place request is properly filed, USCIS will evaluate each application individually to decide if granting parole is justified and if the applicant deserves a favorable exercise of discretion. 

USCIS evaluation will consider the applicant’s prior immigration history, criminal record, results of background checks, national security and public safety screenings, and any other pertinent information available or requested by USCIS.

Key Questions and Answers:

When did the KAFT process start? 

Applications began on August 19th, 2024. USCIS rejected any filings received before the official start date.

What are the fees for this process?

There is a $580 government fee for this process.

What will be the duration of parole? 

Qualifying individuals may be granted parole for up to three years, allowing them to file for permanent residence.

What can I do now to start? 

Speak with an immigration attorney about your specific immigration situation. Then work with your attorney to collect evidence demonstrating ten years of continuous presence in the U.S. up to June 17th, 2024, a legally valid marriage to a U.S. citizen, and other favorable discretionary factors. This may include, but is not limited to, official documents such as leases or mortgages, rent receipts, utility bills, loan documents, bank statements, medical records, school transcripts, pay stubs, tax returns, automobile title and registration receipts, and insurance policies.

How will this process impact employment authorization? 

Paroled individuals can apply for an employment authorization document (EAD) immediately upon parole approval.

Connect with an Immigration Attorney

Shillig Law's immigration attorneys are experts on the latest immigration processes. They are trained to evaluate your eligibility for all immigration programs and can address any questions related to your specific situation. Contact us today!

www.shilliglaw.com

682-888-2146

jt@shilliglaw.com

Key Resources about this Program

The Distinction Between Immigrant Intent and Nonimmigrant Intent

Introduction

The terms immigrant intent and nonimmigrant intent are fundamental concepts in U.S. immigration law. They refer to the intentions of a foreign national regarding their stay in the United States. Understanding the difference between these two terms is crucial for anyone navigating the U.S. immigration system.

Immigrant Intent(Permanent)

Immigrant intent refers to the intention of a foreign national to reside permanently in the United States. This intent is typically demonstrated when a foreign national applies for an immigrant visa, also known as a green card. The applicant must provide evidence of their intention to live and work permanently in the U.S., such as a job offer, family ties, or investment plans. An easy example of someone with immigrant intent is the foreign national spouse of a US Citizen. They got married abroad and now with the support of their US Citizen spouse the foreign national is applying for a lawful permanent resident card under the visas allotted for spouses of US Citizens. The foreign national spouse intends to move to the USA permanently after their immigrant visa is approved. Another example would be a citizen of a country other than America, being recruited by a large company like Amazon, Tesla, Microsoft, or Walmart to come and work in the States permanently. It could also be a smaller company like a medical clinic or engineering firm looking to permanently hire a doctor or engineer. The US Company becomes the sponsor and the foreign national would be the beneficiary of the immigrant visa petition.

Nonimmigrant Intent(Temporary)

On the other hand, nonimmigrant intent refers to the intention of a foreign national to stay in the U.S. temporarily. This intent is demonstrated when applying for a nonimmigrant visa, such as a tourist visa (B-2), student visa (F-1), or temporary worker visa (H-1B). The applicant must prove that they intend to return to

their home country after their temporary stay. Evidence might include a return ticket, proof of property or family in the home country, or a letter from an employer stating that the individual will return to their job. An easy example of a nonimmigrant visa is a tourist from Europe that has always wanted to visit New York City, but has a good job, and a happy family back in Europe. He booked a round-trip ticket to visit the States for three weeks and then plans to return home. He has no intention of staying in America permanently.

Another example of a nonimmigrant visa is an F1 student visa. A young woman from South America gets accepted to study genetics at the University of Florida, so she applies for an F1 student visa that will last the full four years of her program of study. After she graduates she plans to return to South America to work as a researcher at a cutting edge genetics facility in her hometown.

The Importance of Intent

The distinction between immigrant and nonimmigrant intent is crucial because it determines the type of visa for which a foreign national can apply. Misrepresentation of intent can lead to serious consequences, including visa denial or even deportation. An easy example of misrepresentation is someone applying for a tourist visa to visit the USA that has the intention to stay in America permanently to work after they arrive. To qualify for a tourist visa you need to intend to visit America for six months or less(nonimmigrant intent). If you actually intend to travel to the USA to work permanently then you have immigrant intent, which is not allowed for tourist visas.

Conclusion

In conclusion, the difference between immigrant intent and nonimmigrant intent lies in the foreign national’s intended duration and purpose of stay in the U.S. Understanding this distinction is vital for successfully navigating the U.S. immigration system. To paraphrase the hit song by Paula Abdul,

“Straight up tell me do you want to live in America forever? Or are you just having fun?”

We’re a Dallas Immigration Law Firm that helps work you toward US citizenship! Contact us today.

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