Questions about child born abroad - parents did not document as U.S. citizen

[BeeBee]

Hello,

I've been searching the internet and can't find anything clear on this specific situation, so I registered here and hope someone can help me!

If the situation is:
-A child was born in South Korea to a U.S. citizen mother and a South Korean father (not married)
-Mother left South Korea and returned to the U.S. soon after the child's birth, leaving him with his father in South Korea, and did not return or have a relationship with the child or father
-Neither the mother, father, or any other relative went to a U.S. Embassy or Consulate to document the child as a U.S. citizen at his birth, or at any later time.
-The child, age 19, has lived his entire life in South Korea with his father.
-The child wants to move from South Korea to the U.S.
-The mother has recently reached out and reconnected with the child.

What does this mean as far as his claim to citizenship? I have found:

1) He can either file an N-600 or apply for a U.S. passport
or
2) His only option is N-600

BUT the N-600 may not be an option at all because, as I understand it, in order to be eligible he would have to already live in the U.S. and have grown up in his mother's custody. Is this correct?

If the N-600 is not available to him for that reason, could he still try for a U.S. passport, or is that a non-option for the same reason? Or does this mean his option then becomes:

3) Having his mother fill out a Form I-130, Petition for Alien Relative?

Or something else altogether? Is the mother-son relationship a non-factor because she had not been a part of his life? Would he have to start from square one as an immigrant without a U.S. citizen parent?

Thank you so much for any guidance, information, or suggestions you can give. I appreciate it greatly!

[newacct]

Hello,

I've been searching the internet and can't find anything clear on this specific situation, so I registered here and hope someone can help me!

If the situation is:
-A child was born in South Korea to a U.S. citizen mother and a South Korean father (not married)
-Mother left South Korea and returned to the U.S. soon after the child's birth, leaving him with his father in South Korea, and did not return or have a relationship with the child or father
-Neither the mother, father, or any other relative went to a U.S. Embassy or Consulate to document the child as a U.S. citizen at his birth, or at any later time.
-The child, age 19, has lived his entire life in South Korea with his father.
-The child wants to move from South Korea to the U.S.
-The mother has recently reached out and reconnected with the child.

What does this mean as far as his claim to citizenship? I have found:

1) He can either file an N-600 or apply for a U.S. passport
or
2) His only option is N-600

BUT the N-600 may not be an option at all because, as I understand it, in order to be eligible he would have to already live in the U.S. and have grown up in his mother's custody. Is this correct?

If the N-600 is not available to him for that reason, could he still try for a U.S. passport, or is that a non-option for the same reason? Or does this mean his option then becomes:

3) Having his mother fill out a Form I-130, Petition for Alien Relative?

Or something else altogether? Is the mother-son relationship a non-factor because she had not been a part of his life? Would he have to start from square one as an immigrant without a U.S. citizen parent?

Thank you so much for any guidance, information, or suggestions you can give. I appreciate it greatly!

As a child born out of wedlock to a US citizen mother, he was automatically a US citizen at birth as long as his mother was physically present in the US for one continuous year some time in her life before his birth. This citizenship is automatic and involuntary at birth, and does not depend on any action to "document" it or any relationship after birth.

To document his US citizenship, he can either apply for a US passport, or file N-600 to apply for a Certificate of Citizenship (or both). (He cannot get CRBA as he is over 18.) Neither is dependent on the other. The evidence he would submit for either is the same -- evidence showing he is his mother's biological child (e.g. birth certificate; a DNA test can be done if requested), and evidence that his mother was present in the US for some continuous period of one year some time before his birth. The passport is much cheaper ($135 vs $1,170 for N-600) and faster to get than the Certificate of Citizenship, so I would recommend trying to get a passport first.

There are many ways people become US citizens; your talk about "custody" is only relevant to the case where a permanent resident under 18 is living in the US in the custody of a US citizen parent, automatically becomes a US citizen. People who claim to have acquired citizenship in this way applying for either a US passport or a Certificate of Citizenship will need to show they were living in the US in the custody of their parent while under 18. That is not relevant to your case here, which is citizenship at birth.

[gar21233]

Us passport faster,

Everything said by newacct is correct this is citizenship at birth, and as it is an easy case I recommend to apply for an us passport is a lot faster, you can apply for n-600 if you want(when is citizenship at birth you can apply from anywhere look footnote 14 in this page https://www.uscis.gov/policymanual/H...-Chapter3.html), so is up to you.

Hello,

I've been searching the internet and can't find anything clear on this specific situation, so I registered here and hope someone can help me!

If the situation is:
-A child was born in South Korea to a U.S. citizen mother and a South Korean father (not married)
-Mother left South Korea and returned to the U.S. soon after the child's birth, leaving him with his father in South Korea, and did not return or have a relationship with the child or father
-Neither the mother, father, or any other relative went to a U.S. Embassy or Consulate to document the child as a U.S. citizen at his birth, or at any later time.
-The child, age 19, has lived his entire life in South Korea with his father.
-The child wants to move from South Korea to the U.S.
-The mother has recently reached out and reconnected with the child.

What does this mean as far as his claim to citizenship? I have found:

1) He can either file an N-600 or apply for a U.S. passport
or
2) His only option is N-600

BUT the N-600 may not be an option at all because, as I understand it, in order to be eligible he would have to already live in the U.S. and have grown up in his mother's custody. Is this correct?

If the N-600 is not available to him for that reason, could he still try for a U.S. passport, or is that a non-option for the same reason? Or does this mean his option then becomes:

3) Having his mother fill out a Form I-130, Petition for Alien Relative?

Or something else altogether? Is the mother-son relationship a non-factor because she had not been a part of his life? Would he have to start from square one as an immigrant without a U.S. citizen parent?

Thank you so much for any guidance, information, or suggestions you can give. I appreciate it greatly!

[BeeBee]

Thank you so, so much, newacct and gar21233!

As a follow-up question, if the child is already in the U.S. on a visitor's visa, can he remain in the U.S. indefinitely, or would the usual restrictions apply until he had acquired proof of his citizenship? (For example, if there was a delay in getting the necessary documents for the passport application, I'm assuming that in the meantime, he'd have to abide by the same rules as non-citizen holders of visitor's visas, since he would not yet have documents proving his citizenship - therefore he'd have to either leave the country when his time was up or file a request to extend his stay).

I'm also assuming he'll be very limited in terms of what he can do - get a job, go to school, rent an apartment, etc. - until the passport is acquired. Is this also correct?

[newacct]

Thank you so, so much, newacct and gar21233!

As a follow-up question, if the child is already in the U.S. on a visitor's visa, can he remain in the U.S. indefinitely, or would the usual restrictions apply until he had acquired proof of his citizenship? (For example, if there was a delay in getting the necessary documents for the passport application, I'm assuming that in the meantime, he'd have to abide by the same rules as non-citizen holders of visitor's visas, since he would not yet have documents proving his citizenship - therefore he'd have to either leave the country when his time was up or file a request to extend his stay).

Well, if he's sure he's a citizen, he can stay. In the unlikely event he is put into removal proceedings, he would have to prove to the immigration judge that he's a citizen.

I'm also assuming he'll be very limited in terms of what he can do - get a job, go to school, rent an apartment, etc. - until the passport is acquired. Is this also correct?

He won't be able to work, or get a Social Security Number, or get a driver's license that is valid beyond his current status (except in states that have special versions of licenses for people who can't present a legal presence document). Whether he can go to school depends on the school.

[BeeBee]

Thank you!!! You're so knowledgeable. I appreciate your help so much.