|
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.
|