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I-130 vs N600,K for children undder 18

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  • I-130 vs N600,K for children undder 18

    Hi


    Which is the Proper form to file for a new born child born outside the U.S


    The U.S Citizen parent does not have 5 years residency in the U.S


    Can I file for N-600K through the grandparents and does the grandparents need to have some years before the age 14.





    Or shall I file a petition I-130,

    hat is the difference

    Thank You

    A



  • #2
    Originally posted by ANAT View Post
    Hi


    Which is the Proper form to file for a new born child born outside the U.S


    The U.S Citizen parent does not have 5 years residency in the U.S


    Can I file for N-600K through the grandparents and does the grandparents need to have some years before the age 14.





    Or shall I file a petition I-130,

    hat is the difference

    Thank You

    A

    How did the parent not spend much time in the US ever? Did the parent grow up abroad or something? Was the child born in wedlock?

    Anyway, to answer your question, the difference is based on whether the child and US-citizen parent are relocating to the US or not.

    If relocating to the US, the proper way is to petition the child to immigrate by filing an I-130 petition. The child will get an immigrant visa, and upon entering the US with the immigrant visa, will immediately become a US permanent resident, and also immediately become a US citizen under INA 320 because they are living with a US citizen parent. Note that to petition someone, the US citizen parent must have or re-establish domicile in the US.

    If not relocating to the US, the proper way is to go through the INA 322 process by filing N-600K. After that is approved, the child will get a visitor visa to go to the US to take the oath and become a citizen. Note that getting a visitor visa and entering the US on a visitor visa will require showing that the child has no immigrant intent, so that is why this is generally only applicable for if the family is not relocating to the US.

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

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