Which one is easier – filing I-130 or N-600 for my biological 15-year-old daughter?

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Which one is easier – filing I-130 or N-600 for my biological 15-year-old daughter?

I’m a US citizen. My daughter was born outside of the USA. Her mother is not my legal wife and neither is she a US citizen.
I’d like to have my 15-year-old daughter to come to the USA for college. Which way should I go between I-130 or N-600? My daughter and I both are now residing outside of the USA, i.e. Beijing, China.

Asked on February 11, 2017 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you and her mother were not legally married at the time of her birth, it is not a guarantee that she automatically derived US citizenship at the time of her birth and, if not, then she is not eligible for N-600.  If you petition for her through I-130, however, you also have to be domiciled in the US; you cannot do it living in China for the entirety of the petition.  Furthermore, if you file and it is approved and she gets a visa, she does not get US citizenship but US permanent residence and in order to retain it and later gain US citizenship, she would need to be residing in the US.


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