Yorktown, VA asked in Immigration Law for Virginia

Q: we filed an n600 r under section 322 of the INA. USCIS is questioning my wifes physical presence requirement.

She is naturalized. they are saying the physical presence have to be met prior to the childs birth. That is not what it says in the instructions or definition of section 322, it stated proof she she has been in the US over 5 years. We filed to get her son citizenship, he lives in the philippines. What is correct?

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1 Lawyer Answer
Kelli Y Allen
Kelli Y Allen
  • Immigration Law Lawyer
  • Charlotte, NC

A: There is a lot of confusion over this area of the law, and the statute has changed several times. There are different requirements depending on the child's date of birth. This issue needs to be address through a full consultation with an immigration attorney.

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