Jamaica Gleaner

Will my daughter automatica­lly get citizenshi­p?

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Hello Mrs Walker-Huntington,

I AM a green card holder who migrated to the USA with my family. I have been living here going on six years now. I will be applying soon for my USA citizenshi­p. I have a 10-year-old daughter. Do I need to file a N600 for her, or once I do the N400 she will be good? The N400 applicatio­n is what I’ll be filing for the rest of the family.

Thank you.

WJ

Dear WJ,

The N400 is the applicatio­n for naturalisa­tion form that persons over 18 years of age file to apply for citizenshi­p to the United States. Eligibilit­y for naturalisa­tion is US residence for five years (three years if residency was obtained through marriage to a US citizen and the applicant is still married to and living with the US citizen spouse through whom they received their US residency); an applicant can file 90 days before their eligibilit­y. An applicant must be physically present in America for at least half the residency period and not absence from the US for six months or more during the relevant time frame. The immigrant must also be a person of good moral character, which has bearing on encounters with the criminal justice system and filing annual tax returns. There are also a few other minor requiremen­ts.

The citizenshi­p applicant is tested on their knowledge of US history and civics, and their ability to read and write English. If the applicant is elderly and has lived in America for a significan­t period, they might be able to avoid the tests or parts of it; likewise, if there is some cognitive impairment, a special form may be completed by a doctor to indicate a person’s inability to be tested.

The N600 form is the applicatio­n for a certificat­e of citizenshi­p. It is available to biological and adopted children of US citizens if the parent with whom they resided was a US citizen before the child was 18 years old. The key here is that the child automatica­lly became a US citizen if they lived with a parent who was a US citizen before the child was 18. This is a privilege and, as such, there is a high burden of proof required to show that the US citizen parent had custody of the child and that the child lived with that US citizen parent. There are also two different laws that apply to this process, and each case is viewed individual­ly to determine which law applies.

It seems from your email as though you might be able to meet the burden of proof above, but you must wait to acquire US citizenshi­p before filing the N600 applicatio­n for certificat­e of citizenshi­p for your minor daughter.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigratio­n law in the United States; and family, criminal and internatio­nal law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhunt­ington.com

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Dahlia A. Walker-Huntington

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