Expert legal representation for grandchildren and children of U.S. citizens residing outside the United States — with a 100% approval record across 15 years of practice.
Schedule a ConsultationWhat Is the N-600K?
Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, allows minor children — including grandchildren — of U.S. citizens residing abroad to apply for U.S. citizenship when they temporarily enter the United States to complete the naturalization process.
Unlike naturalization under INA § 320, which requires lawful permanent resident status, Section 322 provides an alternative pathway specifically designed for families living outside the United States. The child need not be a permanent resident but must meet specific requirements related to the U.S. citizen parent or grandparent.
This pathway is particularly important for grandchildren of U.S. citizens when the child's parent is a U.S. citizen by birth but has not maintained the required physical presence to transmit citizenship by descent under INA § 301 or § 309.
Eligibility
The following conditions must all be satisfied for a child to be eligible for citizenship under Section 322. Early legal assessment is essential, as certain requirements — particularly age and physical presence — are strictly enforced.
The child's parent (or grandparent, in the § 322 context) must be a U.S. citizen by birth or naturalization and must have been physically present in the U.S. for at least five years, at least two of which were after age 14.
The child must be under 18 years of age at the time of the naturalization ceremony. The child must be temporarily present in the U.S. lawfully, but is not required to hold permanent resident status.
The child must have been lawfully admitted to the United States in a nonimmigrant or other valid status at the time of filing and at the time of the naturalization oath ceremony.
The child must take the Oath of Allegiance before a USCIS officer while physically present in the United States. Timing this ceremony before the child turns 18 is a critical logistical matter.
How It Works
A thorough review of the child's lineage, the qualifying parent's or grandparent's physical presence history, and documentary evidence determines eligibility and identifies potential issues early.
The application — along with supporting documents demonstrating citizenship lineage, the child's identity and lawful status, and the qualifying relative's physical presence — is filed with USCIS. Filing fees and evidence requirements are substantial and must be precisely assembled.
After filing, USCIS schedules the naturalization interview. Wait times vary significantly by field office and current USCIS workload — a key reason why early filing is strongly advised, particularly for older children.
The child and, when required, the qualifying parent attend the USCIS interview. The officer reviews the file and may test eligibility requirements. Thorough preparation is essential.
Upon approval, the child takes the Oath of Allegiance and receives the Certificate of Citizenship (Form N-560). U.S. passport applications can then be filed immediately.
Urgent Cases
When a child's N-600K application is pending and the child is approaching 18 years of age, USCIS processing delays can have irreversible legal consequences. Once the child turns 18, eligibility under INA § 322 is extinguished — regardless of the merits of the application.
In such circumstances, a Petition for a Writ of Mandamus filed in U.S. Federal District Court can compel USCIS to act within a reasonable time. Mandamus is an extraordinary remedy, and success depends on demonstrating unreasonable agency delay and the absence of any other adequate remedy.
I have extensive experience with mandamus petitions in the N-600K context, having successfully pressed USCIS to expedite adjudication on behalf of children in imminent danger of aging out. Time is critical — early consultation is strongly advised when age-out risk is present.
If a pending N-600K application has been pending for an unreasonable period and the child will soon turn 18, immediate legal action may be necessary.
A Writ of Mandamus asks the Federal Court to order USCIS to make a decision. When properly filed and argued, this remedy can produce results in weeks rather than months.
Do not wait. Contact us as soon as possible to assess whether mandamus is appropriate for your case.
Contact ImmediatelyI am an immigration attorney with a specialized focus on U.S. citizenship acquisition for children and grandchildren of American citizens residing abroad. Over 15 years of dedicated practice in this narrow and complex area of law has produced an unbroken record: every N-600K case I have handled has been approved.
That record reflects not just legal expertise, but rigorous case preparation — anticipating USCIS concerns, documenting lineage comprehensively, and ensuring every procedural requirement is met with precision before filing.
Beyond routine N-600K cases, I bring deep experience with emergency mandamus petitions in Federal Court for children at risk of aging out — a high-stakes subspecialty that demands both litigation skill and an urgent, decisive response.
Begin Your Case
Every family's situation is unique. Reach out directly to discuss your case — early assessment is the key to a smooth N-600K process.
simone@bertollini.com