Two year home residency and citizenship under section 322
<p><strong>Background:</strong> I went to the U.S. on a J-1 Visa in 2014 and am subject to the two year home residency requirement. My wife is a U.S. Citizen born abroad. Our child, also born outside of the U.S. (in 2013), is not eligible for citizenship by birth, but does satisfy the requirement for citizenship under section 322, i.e. by <a href="https://www.uscis.gov/n-600k" rel="nofollow noreferrer">https://www.uscis.gov/n-600k</a>. However, we did not know this before going to the U.S. in 2014, so our child went as a J-2 dependent and is also subject to the two year home residency requirement.</p>

<p><strong>Question:</strong> Does the home residency requirement prevent one from filing N-600K? All information we find only talks about it preventing one from applying for permanent residence, certain visa types, etc.</p>

<p>I don't think the 2-year home residency requirement prevents the child from naturalizing under the INA 322 process. However, this naturalization process also requires that the child be regularly residing abroad; I am not sure if your child would meet that, though a J-1/J-2 should be considered to be intending to return to residence abroad.</p>

united-states citizenship visa