Citizenship for Your Foreign Born Child: Form I-130 Segway to Form N-600

Citizenship for Your Foreign Born Child: Form I-130 Segway to Form N-600

If you are a U.S. citizen living abroad, looking to move back to the U.S. with your family and child who were born abroad. There is a trick that our firm, Blue Lake Law, has been using to make the visa and immigration process easier for foreign born children to obtain proof of their citizenship by filing a Form I-130, followed by Form N-600. This segway allows your child to first obtain an immigrant visa through the I-130, to then adjust their status once in the U.S. to a lawful permanent resident, after which you can file Form N-600 to get their certificate of citizenship. 

So what is Form I-130 and N-600, how do they work, and are they eligible for your situation? 

Form I-130 

This form is the Petition for an Alien Relative, where the petitioner is the U.S. citizen (or a lawful permanent resident), and the beneficiary is the alien relative. The I-130 form asks for the petitioner’s past/recent/current information, as well as, the beneficiary’s current information. The form proves a qualifying familial relationship exists, enabling the relative to immigrate to the U.S.. U.S. citizens can petition for spouses, children, parents, and siblings. Lawful permanent residents can petition for spouses and unmarried children. The I-130 form does not give the beneficiary a citizenship status automatically upon approval. It is the foundational step in the family-based green card process.

There are two ways to file an I-130 petition, the standard procedure through United States Citizenship and Immigration Services (USCIS), or an expedited process through Direct Consular Filing (DCF) from the local U.S. embassy or consulate in the country your family resides in. The standard process takes anywhere from 15 to 24+ months from the date of filing to getting a green card in hand. Under certain circumstances you may be eligible for DCF which expedites the processing of the immigrant visa from months to just a number of weeks. This process is provided by your local U.S. embassy or consulate, and is under their own discretion to decide if your case falls under special circumstances. 

DCF Special Circumstances

• Military emergencies
• Medical emergencies affecting the petitioner or beneficiary
• Threats to personal safety, including domestic violence or regional instability
• Child “ageing out” (approaching 21 years of age)
• Recent naturalization of the U.S. citizen petitioner
• Adoption cases
• Short-notice U.S. job relocation or transfer
• U.S. military members stationed in France
• Widow(er) of a U.S. citizen self-petitioning

Applicants must clearly state which category applies and include documentation to substantiate the claim. The Form I-130 filing fee for DCF is $675 USD, payable directly to the U.S. Department of Homeland Security. Once your DCF request is submitted, the Immigrant Visa Unit will typically respond within 3–5 business days. If approved you will then file your petition directly at your country of residence’s U.S. embassy or consulate who handles DCF cases. 

Whether you are filing your I-130 petition in the standard process or expedited process, you will not automatically receive your green card. Spouses, parents, and unmarried children (under 21) of U.S. citizens do not have to wait for a visa number and can often apply for their green card immediately after or alongside the I-130. The final decision for approval of the green card is up to the consular officer who is interviewing you. 

 If the relative is already in the U.S., they may file Form I-485, Adjustment of Status; if they are abroad, they must wait for “Consular Processing” at a U.S. embassy or consulate. The I-485 form allows the relative to adjust their status from an immigrant visa to a lawful permanent resident. 

When petitioning for a child, once they have become lawful permanent residents, the next step in the citizenship process is to apply for a Certificate of Citizenship, Form N-600. 

Form N-600

Form N-600, Application for Certificate of Citizenship, is a document filed with U.S. Citizenship and Immigration Services (USCIS) to obtain an official certificate proving U.S. citizenship for individuals born abroad who acquired or derived citizenship through a U.S. citizen parent. It is not a request to become a citizen, but rather a request for proof of existing citizenship.

The U.S parent(s) of the foreign born child will file form N-600, obtaining proof that their child acquired citizenship automatically at birth abroad or before age 18. The citizenship comes from the 2000 Child Citizenship Act, where children born abroad automatically become U.S. citizens the moment they enter the U.S. on a green card, provided they are under 18, in the legal and physical custody of a U.S. citizen parent, and residing in the US. The child is already a citizen, but they do not have a certificate proving it yet. Parents or legal guardians (who are U.S. citizens) should file for a minor child. 

If the N-600 is approved for your child they may be required to take the Oath of Allegiance at their application appointment if they are 14 years of age or older. 

Form N-600 Process: 

1. Determine eligibility; does your child qualify under the laws in effect at the time of their birth or before age 18?

1. Gather evidence; birth certificate, parent’s marriage certificate, parent’s naturalization/citizenship proof, green cards, and photos.

1. File Form N-600 through USCIS; this can be done online or by mail. 

1. Pay the required filing fee of $1,385; refer to the USCIS website for exemptions (i.e. military personnel, adopted individuals, etc).

1. Biometrics appointment; this is an in-person appointment where fingerprints and photos are taken.

1. Oath of allegiance; children over 14 will take the oath, while children under 14 usually don’t.

1. Receive the certificate; USCIS will issue the certificate of citizenship after approval; this usually happens after the child has surrendered their green card (if applicable) and after taking the oath. 

With an N-600 certificate, your child would be able to use it as proof of U.S. and thus can apply for a U.S. passport (through the DS-11 form) and also apply for a Social Security Number. While a U.S. passport is evidence of citizenship, the Certificate of Citizenship (N-600) is often required as absolute proof for certain benefits, jobs, or to avoid issues if a passport is lost or revoked.

The Segway Explained

The Form I-130 allows you to obtain a lawful permanent residence in the U.S. which is necessary to apply for the Certificate of Citizenship (N-400). While the I-130 brings the child to the U.S., the N-600 provides formal documentation of that citizenship. The ‘segway’ is the Child Citizenship Act, the foreign born child becomes a citizen once they enter on a green card (obtained by the I-130 form), to then obtain the proof of their citizenship (allows child to get passport and SSN). 

Difference in processes between I-130 and N-600

• I-130/Green Card: Requires medical checkups, affidavits of support, and permanent relocation to the U.S..
• N-600: Does not require medical checkups or affidavits of support, but it requires proof of a parent’s U.S. citizenship and the child’s lawful admission.

Blue Lake Law Can Help You Today

At Blue Lake Law, we have extensive experience filing forms I-130 and N-600(K) for families residing abroad and/or with an imminent move to the U.S.. No matter what immigration problems you might be facing, we understand how critical precision and speed are to your case. 

We’ll help you determine your eligibility, gather the required documentation, prepare you for your interview, and prepare your forms, ensuring that your petition is submitted correctly and efficiently. At Blue Lake Law we take pride in clear & effective communication with our clients and U.S. immigration services.

Contact us today to explore which naturalization path is the right choice for you and your family.