Fair Lady

I have two adopted children from Uganda who have US passports. I would like to apply for their COC (Certificate of citizenship) but we are moving house in a week and heading to NJ then to the UK for a visit and then to Israel for a few months for a visit also. Does anyone know if it is possible to apply for this when living out of the US? I am hesitant to apply before we leave the US (which should be in a month) incase we are asked to attend an interview and won't be here. I have called my local office several times and no one can give me an answer. Our family is also considering a move to Italy and so we may not even return to the US but our kids still need their COC from what I understand. This is why I am wondering if it is possible to apply and obtain this while living outside the US? Or is it possible to apply now and should we be asked to attend an interview, can we go to the US embassy in the country we are residing?

Thanks!!

BritInParis

It's not a subject I have any particular knowledge about but a quick Google reveals Form N-600K which sounds like the most appropriate for your situation.

Application for Citizenship and Issuance of Certificate Under Section 322 | USCIS

JAJ

I don't think USCIS are set up all that well to deal with those "residing" outside the United States. So it would be strongly recommended to apply while still living in the U.S. and with a valid U.S. address. If you have to change address, can you supply that of a friend/relative in the U.S. for certificate delivery? Then UPS/FedEx, etc.

Not saying that it's impossible to do an N-600 when living in another country, but the logistics may be more difficult.

As far as I understand, interviews for N-600 are unusual, especially if biometrics are not needed. However, an applicant age 14 or more needs to take the Oath to get the certificate.

As regards where you will be "residing" I think you've told us on another thread that you're a green card holder. Assuming you want to keep your green card, the starting point for your mindset has to be that you are "residing" in the United States and "visiting" anywhere else.

JAJ

Form N-600K is not the right option where children have acquired U.S. citizenship automatically under section 320 of the Immigration & Nationality Act, as amended by the Child Citizenship Act 2000.

The correct form to evidence automatic acquisition of U.S. citizenship is N-600.

Form N-600K is for those who have never resided in the United States, who do not automatically acquire U.S. citizenship. Section 322 of the Act allows an application for expedited naturalization (before age 18) to be made based on physical presence of an American parent or grandparent in the United States.

BritInParis

That's me told then

Here's the FAQ answer to the OP's question.

N-600, Application for Certificate of Citizenship Frequently Asked Questions | USCIS

JAJ

It says "most cases". I would go ahead and apply. The problem is that USCIS have the children recorded as green card holders, if they came into the U.S. with immigrant visas. They will not accept a U.S. passport as evidence of acquisition of U.S. citizenship.

A choice not to apply for a citizenship certificate is a poor one, because it seems that the State Department has not been enforcing the requirement of the Child Citizenship Act that the applicant actually resides in the United States. Such an individual may have to re-evidence U.S. citizenship later in life, usually not an easy or quick task. Or find they were never U.S. citizens in the first place.

Fair Lady

Thank you for your advice. It is the N-600. I have the forms all ready. We plan to move back here to the US and will have our things in storage here but it is likely that the COC could be issued before we return (in five months). If no interview is required then we should be fine.

I would have thought that the USCIS would give the COC to applicants who are living abroad and have US passports already. There should be no reason why not since they are entitled to it and would be paying for it.

JAJ

Perhaps search online to see if N-600 requires an interview or not. It may well do.


Except that a U.S. passport does not prove entitlement to a COC. As noted above, it seems that USCIS does not have confidence that passports are being issued based on sufficient evidence of citizenship.

Fair Lady

Except that a U.S. passport does not prove entitlement to a COC. As noted above, it seems that USCIS does not have confidence that passports are being issued based on sufficient evidence of citizenship.[/QUOTE]

I do have a question then about my biological kids. One was born in the UK and does not have a US birth certificate, nor a COC but a US passport. I am assuming then he is not truly a US cit either? The other two were born in the US and have US birth certs but no COC. As long as you have a US birth cert, am I right to presume that you do not need a COC?

JAJ

The child born in the U.K. shouldn't have a U.S. birth certificate. But should normally have a U.S. Consular Report of Birth Abroad. If he has one, then I would say no real need for a Certificate of Citizenship. He would already have a stand-alone citizenship document and there would be no USCIS record that needs updating.

A person born in the U.S. does not need a COC, and I don't think could even obtain one unless he or she acquired U.S. citizenship subsequent to birth. Only children of diplomats could fall into this category.

However, some states issue a "birth certificate" to foreign born children adopted in the U.S. These certificates do not grant or prove U.S. citizenship and a COC is needed in these situations.