Best Lawyers in America - Law Offices of Carl Shusterman Immigration Lawyers - Law Offices of Carl Shusterman - US Immigration

SECTION 322 NATURAL OR ADOPTIVE
CHILD OF A U.S. CITIZEN




Return to Homepage
Law Offices of Carl Shusterman
600 Wilshire Boulevard, Suite 1550, Los Angeles, CA 90017
(213) 623-4592 x0
Representing Clients in All 50 States
Over 100 Years of Immigration Law Experience
Visa Bulletin Site Map Consultation with Immigration Lawyer Carl Shusterman Immigration Attorneys of the Law Offices of Carl Shusterman US Citizenship and Immigration Services Client - case status access
shusterman.com Sucess Stories Client Testimonials Ask Mr. Shusterman shusterman.com blog Immigration Videos

FREE NEWSLETTER
Learn how to benefit from United States immigration laws and procedures from a former INS Attorney (1976-82) with over 30 years of experience.

SHUSTERMAN'S IMMIGRATION UPDATE is must reading for potential immigrants, employers, human resources managers, immigration attorneys, reporters and policy makers.

Join over 60,000 persons in more than 150 countries in subscribing to our FREE monthly e-mail newsletter.

E-Mail Address:

Your Name:

Send to a Friend


Nationality Chart # 4



Both the child and the citizen parent must regularly reside outside the U.S.  
The child must be living in the legal and physical custody of citizen parent.  
Both the child and the citizen parent must appear at an interview.  
Child   Citizen Parent  
Natural Child   Adopted Child   One citizen parent can file the application. Parent’s requirements are identical for natural or adopted child.  
N-600 filed   N-643 may be used in place of N-600   At time of adjudication, must have been physically present in the United States for periods totaling 5 years, at least 2 of these years must be after the parent’s 14 th birthday. OR A citizen parent of the citizen parent must have met these physical presence requirements. Note - Only a citizen parent can file the application.  
Must meet definition of child in INA 101(c)(1)   Must meet definition of adopted child in INA 101(b)(1)    
I.e., the child must be legitimate or legitimated before their 16 th birthday. Benefits under this law are not available for stepchildren or for illegitimate children.   I.e., must either have an approved I-600 or be eligible to have an I-130 (which does not have to be filed) approved under INA 101(b)(1)(E).    
The adjudication and the taking of the oath, unless waived because the child is unable to understand its meaning by reason of mental incapacity or young age, must be completed before the child’s 18 th birthday.    
Must be in legal status (non-immigrant or immigrant) at time of the interview and adjudication.   Note - It is now required that the citizen parent of the citizen parent (citizen grandparent ) still be living at the time of the filing and adjudication.