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N-600 k processing and visa

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  • N-600 k processing and visa

    Hi,

    background: I am a US citizen married to an Israeli citizen and we have a daughter (6 YO) wich is an Israeli citizen.

    I have some urgent questions:

    1. I have applied for citizenship through grandparents (N-600K) for my daughter and received an email from the Hartford, conneticut office, requesting to “give them 3 dates that the USC parent can come to the United States with the child” and that “If we do not hear from you within 30 days, your case will be closed”.
    I replied by email with optional dates (10 days ago) and another email asking if my first email arrived (7 days ago) and have not received any response.
    They sent their email on April 17th, so the 30 days they mention end on May 16th or so. I am starting to get nervous that there is no response. All they asked for is to “give them” dates but not mention how to do that – by a reply email? through a web site?
    Does anybody have a similar prior experience and answers?

    2. We plan to arrive to the US around the end of August (2017), for the interview and for a relocation of about a year and a half.
    What kind of visa should i apply for my daughter?
    When they will confirm the interview appointment, do they send instructions regarding the child’s visa?

    3. We plan to send my daughter to a public school during our relocation. The right to public education is given to citizens etc. but not to visitors (such as b-2 visa holders).
    assuming the appointment takes place around August – October, the citizenship is granted immediately, during the interview, right?
    how long it can take to register my daughter to school after receiving her citizenship?

    Many many thanks!
    Menashe

  • #2
    Are you sure she is not already a US citizen? Were you not physically present in the US, any time in your life before she was born, for a cumulative total of 5 years including 2 years after you turned 14?

    Since you guys are relocating to the US, the N-600K route is not suitable for you. To enter the US, your daughter will have to get a B2 visitor visa, which requires showing no immigrant intent. You guys are relocating to the US, not visiting. She will likely be denied a B2 visa for having immigrant intent.

    Since you guys are relocating to the US, the appropriate route (assuming she is not already a US citizen) would have been to petition (I-130) her to immigrate (i.e. become a US permanent resident), and do consular processing for an immigrant visa. Once she enters the US with an immigrant visa, she will automatically become a permanent resident, and also, by INA 320, automatically become a US citizen due to living in the US with a US citizen parent.

    About when she becomes a citizen under the INA 322 (N-600K) process, she becomes a citizen when she takes the oath at the oath ceremony, not at the interview. Also, every child in the US, regardless of status, has a constitutional right to public K-12 education. However, it is a violation of B2 status to engage in full-time study. And the INA 322 naturalization process requires that she be maintaining legal status at the time of the oath. So she wouldn't want to violate it before she took the oath.
    Last edited by newacct; 05-04-2017, 04:49 PM.

    This is my personal opinion and is not to be construed as legal advice.

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