Child of US Citizen form questions

[LC3]

Hello,

Our 12 y/o daughter came to the US on a tourist visa with her US Citizen father. Our immigration lawyer indicated we should file an N600K in order to obtain citizenship.

Unfortunately this was rejected because apparently it only applies if HE is physically in the US and SHE is in her home country (Canada). It doesn't really make sense, as she would not be old enough to live on her own, so there is no way he could've filed it that way.

We looked at the N-600 form, but he doesn't have enough years in the US in order to qualify. Is our only option to apply for a greencard for her and then apply for citizenship at a later date? Concerned about filing again without being 100% positive since they don't refund the money when you use the wrong form.

Thanks for any help with this!

[newacct]

That was very terrible advice from the lawyer.

Since she is in the US, the correct thing to do would be for the father to petition her to immigrate (i.e. get a green card) by filing I-130 and I-485. She can file I-485 even if she is out of status because she is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) and doesn't need to be in status to do Adjustment of Status. Since there is never a wait in the Immediate Relative category, I-130 and I-485 can be filed at the same time. When the I-485 is approved, she will become a US permanent resident (green card holder), and she will also immediately become a US citizen under INA 320 as she would be a permanent resident under 18 living in the US with a US citizen parent. This is automatic and does not require any action or application. So after she gets her green card, she can immediately apply for a US passport. She does not need to file N-600 for a Certificate of Citizenship; in my opinion that would be a big waste of money ($1170) for a certificate that isn't required and doesn't really do much that the US passport doesn't already do.

[LC3]

Thank you!!