BCIS Issues Memo on N-600 and N-600K
Posted Aug 29, 2003

As regular MurthyBulletin and MurthyDotCom readers know, from time to time the BCIS makes changes to the immigration forms used for various applications and petitions. The form number usually remains the same, but certain information in particular versions changes. While there is usually a grace period, during which the "old" form may continue to be used, at some point only the "new" form will be accepted. In keeping with this, William R. Yates, Acting Associate Director of BCIS, issued a memo ("Yates Memo" or "Memo") on June 23, 2003  which directs the BCIS offices to destroy any versions of the Form N-600 that are dated earlier than November 15, 2002, as well as any and all Forms N-643 and 600/643 Supplement A. The purposes of these particular Forms are described below. The Memo was addressed to all BCIS regional directors, district directors, officers-in-charge, and service center directors. The Yates Memo was released to the American Immigration Lawyers Association in mid-July 2003 and offers further instructions to the BCIS officers on the November 15, 2002 version of the N-600 and the N-600K.

N-600 : Application for Certificate of Citizenship

The Yates Memo reminds its recipients that the N-600 should be completed by those persons who are seeking a certificate of citizenship to recognize U.S. citizenship acquired by birth or by operation of law. This is not an application to become a U.S. citizen. It is a request to obtain proof of U.S. citizenship in cases where a person "automatically" becomes a U.S. citizen, either at birth or later, under operation of law. One example would be a child adopted by U.S. citizen parents. Another example would be certain children whose parents naturalized while the children were minors.

Additionally, the Memo instructed BCIS officers not to request previously-provided information a second time from N-600 applicants, unless it is deemed necessary for the adjudication of the case. Some persons who file the N-600 do not need either an interview or oath. If a person is waived from both requirements, the Certificate of Citizenship should be delivered via certified mail with instructions regarding the proper manner of signing the certificate. If, however, the person is only waived from the interview, and must take the oath, s/he should receive a notice from the BCIS office that the oath is required, along with a time and place to appear to take the oath. The Memo explicitly states that there is no special oath ceremony or specifically designated BCIS official who must administer the oath.

N-600K : Citizenship Application and Certificate Issuance

The N-600K is to be completed by U.S. citizen parents of children born and residing permanently outside the United States who are temporarily, lawfully in the U.S. and are in the physical and legal custody of their U.S. citizen parent. This Form is for children who are not automatically U.S. citizens, but are entitled to apply for the benefit, due to the status of at least one of their parents. Children must be under age eighteen to be eligible for this benefit. Additionally, the U.S. citizen parents must meet certain requirements regarding time spent in the U.S.

Those beneficiaries of the N-600K who are approved are granted citizenship from the date of the N-600K approval and the taking of the oath. Note that this is different from the N-600 applicants, who are simply obtaining a certificate recognizing their eligibility for automatic citizenship. N-600Ks should be filed by the U.S. citizen parent unless the parent has died within the preceding five years. In those cases, a U.S. citizen legal guardian or U.S. citizen grandparent may file the N-600K. Certain portions of the N-643 and Form N-600/N-643, Supplement A have been incorporated into the N-600K.

The Yates Memo further directs that all N-600K applications require an interview at a BCIS field office located in the United States. Both the petitioner and the beneficiary must appear for the interview. The requirement that the child be under age 18 extends to the receipt of the certificate, not just the timing of the filing of the application. The certificate may not be issued unless the interview, adjudication, and approval of the certificate are completed before the child turns 18 years old. The Child Status Protection Act is not applicable to beneficiaries of the N-600K.

Conclusion

We are, as always, appreciative of the BCIS's efforts to clarify procedures. We advise MurthyBulletin and MurthyDotCom readers who wish to seek Certificates of Citizenship with either of these forms to use only the most updated versions of forms available, paving the way for smooth approvals of their cases.