Child Petitions: Case Law on “Legal Custody” and “Residence” in N-600 and I-130 Approvals. Also referred as I got an RFE for my N-600 or I-130 what do I do?

When petitioning for a child through Form I-130 (Petition for Alien Relative) or seeking proof of citizenship for a child through Form N-600 (Application for Certificate of Citizenship), two concepts frequently cause delays and Requests for Evidence (RFEs): legal custody and residence.

USCIS requires clear evidence that the U.S. citizen or lawful permanent resident parent has had the necessary custody and residence relationship with the child. Yet, many families are surprised when their applications receive RFEs asking for additional proof. Understanding how USCIS interprets “legal custody” and “residence,” and how case law has shaped these requirements, can make the difference between approval and denial.

Why Legal Custody and Residence Matter

For I-130 Petitions

When a U.S. citizen or permanent resident files an I-130 petition for their child, USCIS must confirm not only the biological or legal parent-child relationship, but also whether the petitioner had legal custody of the child after a divorce or separation. Without this proof, USCIS may question the legitimacy of the petition.

For N-600 Applications

For N-600 applications, USCIS reviews whether the child resided in the legal and physical custody of the U.S. citizen parent before turning 18. Even if a parent is a U.S. citizen, the child does not automatically qualify for a Certificate of Citizenship unless residence and custody requirements are satisfied.

Key Case Law Shaping Custody and Residence

Matter of M— (BIA 1955)

This case established that “legal custody” can be shown through a court order, adoption decree, or other official grant of custody. It clarified that custody does not have to be permanent, but it must be legally recognized.

Matter of Rivers, 17 I&N Dec. 419 (BIA 1980)

In Rivers, the Board of Immigration Appeals (BIA) emphasized that custody determinations must be supported by reliable, official documentation. Affidavits alone are often not enough.

Matter of Baires-Larios, 24 I&N Dec. 467 (BIA 2008)

Here, the BIA ruled that for derivative citizenship, residence requires more than occasional visits. The child must actually live with the parent in a meaningful way. Occasional stays, vacations, or financial support are insufficient.

Matter of Guzman-Gomez, 24 I&N Dec. 824 (BIA 2009)

This decision clarified that physical residence must reflect a real home environment with the parent. School records, medical documents, and other routine life evidence are crucial to establish this.

Lessons from Case Law

1. Court Orders Carry the Most Weight
   – If custody was awarded in a divorce, separation, or guardianship proceeding, submit certified court records.
   – Without these, USCIS may issue an RFE questioning whether custody was legally established.

2. Affidavits Alone Are Not Enough
   – While affidavits from family or friends can supplement, they should never replace official documentation. Case law consistently shows that sworn statements must be backed by tangible evidence.

3. Residence Is About Daily Life, Not Just Address
   – A child’s residence is proven through evidence of day-to-day life: school enrollment, doctor visits, church attendance, and shared household bills. USCIS looks for proof that the child actually lived with the parent, not just that they were listed on an application.

4. Timing Is Everything
   – For N-600 cases, residence and custody must be proven before the child turns 18. Later documentation does not “fix” earlier gaps. Just like in Matter of Katigbak, eligibility must be met at the time required by law.

Common Evidence for Legal Custody

If you are filing an N-600 or I-130, you may need to provide:

• Divorce decrees that specifically award custody.

• Guardianship or adoption orders.

• Court-ordered custody agreements.

• Death certificates if one parent passed away (proving sole custody by default).

• Official translations if documents are in a foreign language.

Common Evidence for Residence

To prove residence, USCIS may request:

• School records showing the parent’s address.

• Medical or vaccination records.

• Rental agreements, mortgage statements, or utility bills with both parent and child listed.

• Tax returns showing the child as a dependent.

• Photographs of shared family life (especially long-term).

• Affidavits from neighbors, teachers, or community leaders (as supplements, not substitutes).

Why RFEs Happen

RFEs on custody and residence issues typically happen for three reasons:

1. Incomplete Evidence – Applicants assume a birth certificate is enough, but USCIS wants to see legal custody after separation or divorce.

2. Conflicting Records – If school, tax, and court records show different addresses, USCIS will demand clarification.

3. Lack of Detail – Submitting general affidavits without specific dates, addresses, and events leaves gaps in the record.

Strategy for Responding to RFEs

1. Read the RFE Carefully – USCIS usually specifies whether it doubts custody, residence, or both.

2. Match Evidence to the Question – Don’t flood USCIS with unrelated documents. Provide focused, clear proof.

3. Include a Cover Letter – Summarize the evidence and cite case law like Matter of Rivers or Matter of Baires-Larios to show that your documents meet legal standards.

4. Organize by Theme – Separate “Custody Evidence” and “Residence Evidence” with labels and an index. USCIS officers often review hundreds of pages a day; clarity improves your chances.

5. Explain Discrepancies – If addresses or records differ, provide a short explanation. For example: “The child was temporarily enrolled in a school near her grandmother’s home while the parent worked out of state.”

Practical Example

Imagine a U.S. citizen mother petitions for her 12-year-old son with an I-130. She is divorced, and the father lives abroad. USCIS issues an RFE asking for custody and residence proof.

A strong response would include:

• Divorce decree showing the court awarded custody to the mother.

• School records with the mother’s address.

• Medical records listing the mother as guardian.

• A cover letter citing Matter of Rivers and Matter of Baires-Larios, explaining how the evidence meets USCIS’s standard for legal custody and residence.

This targeted package could turn an RFE into an approval.

Conclusion

Proving legal custody and residence in child petitions is often more complex than families expect. Case law demonstrates that USCIS demands clear, official, and consistent evidence. By understanding how courts and the BIA have interpreted these terms, petitioners can prepare stronger applications and respond effectively to RFEs.

At US Immigration Consultants, we guide families through the process of gathering and presenting the right documents to meet USCIS standards.

📞 Call us today at 855-963-0988 or visit usimmigrationconsultants.net to schedule a consultation.

Free Download: “Custody & Residence Evidence Checklist”

To help our clients, we’ve prepared a downloadable checklist that outlines the exact types of documents USCIS looks for when evaluating custody and residence in N-600 and I-130 cases. Reach out to me at info@usimmigrationconsultants.net and I will send you the checklist.