Instructions For Application For Citizenship And Issuance Of Certificate Under Section 322 (Form N-600k) (Page 2 of 16) in pdf

INA Section 322 For an Adopted Child

An adopted child of a U.S. citizen may acquire U.S. citizenship under INA section 322 only if he or she satisfies the

specific provision of the U.S. immigration laws relating to adopted children that applies to Form N-600K.

Hague Convention Adoption Case

If a U.S. citizen parent adopted the child under the Hague Intercountry Adoption Convention, then the person filing this

application must submit the child’s adoption decree, a copy of the approval notice for Form I-800, Petition to Classify

Convention Adoptee as an Immediate Relative, and supporting evidence (other than the home study).

Orphan Case

If the U.S. citizen parent adopted the child as an orphan under INA section 101(b)(1)(F), then the person filing this

application must submit the child’s adoption decree, a copy of the approval notice for Form I-600, Petition to Classify

Orphan as an Immediate Relative, and supporting evidence (other than the home study).

Any Other Adoption Case

If the U.S. citizen parent did not adopt the child under the Hague Intercountry Adoption Convention or as an orphan under

INA section 101(b)(1)(F), the child must have:

1. Been adopted before his or her 16th birthday (or before the child’s 18th birthday, as specified in INA section

101(b)(1)(E)(ii));

2. Been in the legal custody of the adopting U.S. citizen parent for at least two years; and

3. Resided with the adopting U.S. citizen parent for at least two years.

NOTE: The required two years of residing in the legal and physical custody of the adopting parent does not apply

to an adopted orphan as described in INA sections 101(b)(1)(F) or (G).

Who May File Form N-600K?

The following individuals may file this application on behalf of an eligible foreign-born child:

1. U.S. Citizen Parent

A U.S. citizen parent who has legal and physical custody of a biological or adopted child under 18 years of age. The

U.S. citizen parent must regularly reside outside the United States and seek naturalization for the child under INA

section 322.

If the qualifying U.S. citizen parent has died, this form may be filed within five years of the parent’s death by the U.S.

citizen grandparent or U.S. citizen legal guardian.

2. U.S. Citizen Grandparent

A U.S. citizen parent of the child’s U.S. citizen parent (the grandparent).

3. U.S. Citizen Legal Guardian

A child’s U.S. citizen legal guardian may file Form N-600K within five years of the death of the child’s qualifying

citizen parent. The U.S. citizen legal guardian does not have to meet the parental physical presence requirements

under INA section 322. Although the physical presence requirements need not be met by the legal guardian, the

requirements must have been met by either the deceased U.S. citizen parent or by the U.S. citizen grandparent prior to

the U.S. citizen parent’s death.

Form N-600K Instructions 02/13/17 N

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Instructions For Application For Citizenship And Issuance Of Certificate Under Section 322 (Form N-600k) Page 2