Can You File an N-600 During Removal Proceedings While in the USA?
The process of removal (deportation) is daunting, and the possibility of filing an N-600 Application for Certificate of Citizenship during such a trying time raises numerous questions. Many people in removal proceedings ponder whether being physically present in the USA offers them the opportunity to file an N-600 and potentially change the outcome of their case. Today, we’re diving into this complex issue, aiming to provide clarity and guidance for individuals caught in this situation.
What is the N-600 Application?
First, let’s grasp what the N-600 application entails. The N-600 Application for Certificate of Citizenship is a form submitted to the U.S. Citizenship and Immigration Services (USCIS) by individuals claiming U.S. citizenship by right of birth or through naturalization of a parent. Essentially, it’s a pathway for children born abroad to U.S. citizen parents or those who become U.S. citizens automatically after birth but before turning 18, to claim their citizenship.
But can this form be a lifeline for those facing removal?
Can You File the N-600 If Facing Removal?
In the midst of removal proceedings, an individual might indeed consider every possible avenue to remain in the United States, including filing an N-600. The quick answer is yes, filing an N-600 during removal proceedings is possible and can be a critical step for individuals who have a genuine claim to U.S. citizenship.
Being physically present in the United States is actually a prerequisite for filing the N-600. The application requires the applicant to provide proof of their physical presence, among other documentation, to establish their claim to citizenship. This means that individuals already in the U.S. do not need to leave the country to file their application.
What Does Filing an N-600 Mean for Your Removal Proceedings?
Filing an N-600 application does not automatically halt removal proceedings. However, if USCIS approves the application and grants citizenship, this can significantly alter the course of the removal process. As a U.S. citizen, an individual cannot be removed from the country based on immigration violations, provided the citizenship claim is valid and substantiated with adequate evidence.
Steps to Take When Filing an N-600 During Removal Proceedings
- Gather Documentation: Collect all necessary documents proving your claim to U.S. citizenship. This may include your birth certificate, your parents’ naturalization certificates, evidence of your parents’ physical presence in the U.S. prior to your birth, and any other relevant documents.
Consult with an Immigration Attorney: Before submitting your N-600 Application, consulting with an immigration attorney is crucial. They can provide valuable advice on your specific case and guide you through the application process.
Submit the N-600 Application: Complete the N-600 form accurately and submit it along with the required fee and supporting documentation to USCIS.
Notify the Immigration Court: Inform the immigration court handling your removal proceedings about your pending N-600 application. While this doesn’t guarantee that the proceedings will be paused, it informs the judge of your potential claim to citizenship.
Stay Informed and Prepared: Keep track of your N-600 application status and be prepared to provide additional information or attend an interview if requested by USCIS.
For authoritative and comprehensive details on the N-600 Application process, please visit the official USCIS page on Certificate of Citizenship.
Conclusion
Facing removal from the United States can be a stressful experience, and exploring all available options is crucial. While the prospect of claiming U.S. citizenship through an N-600 Application doesn’t guarantee a halt to removal proceedings, it presents a viable path for those who have a legitimate claim to pursue. Remember, the journey through immigration proceedings is complex, and seeking professional legal advice is always recommended to navigate the process successfully.
This Article In A Nutshell:
Can You File an N-600 During Removal Proceedings While in the USA?
You can file an N-600 Application for Certificate of Citizenship while in the USA during removal proceedings. Being present in the U.S. is a must. If approved, citizenship status can impact your removal, offering a potential solution for those with a valid claim.
— By VisaVerge.com
