Dual Citizenship for Stepchildren?

[michelledawson 0]

Hi there,

My husband (English) just got his greencard. He has 3 children under 16 who reside in the UK with their mother. We are probably going to move back to the UK within a year (sadly, after spending so much time and money on the GC process!). We would like the kids to have the option when they are older to live/ go to Uni in the US. I vaguely remember reading somewhere while researching that we can get dual citizenship for the children if they are under 18, but now I can't seem to find that information.

My question is this: does anyone know if we can 1) get dual citizenship for the kiddos? and 2) do we have to reside in the US for them to keep this or get this?

Any guidance is greatly appreciated!

[beejay 125]

As your husband is not a citizen I don't believe his children can gain citizenship. However if you (the USC) petitions them as step-children then they can be admitted as permanent residents and eventually apply for citizenship. As you said you will be moving within a year that probably won't be an option for you.

On another note I don't believe his children can automatically derive citizenship from him as he would gain citizenship status after their birth. That is if he chose to apply for citizenship after his 3 years of permanent residency. As it stands now I don't think it is possible in your situation to get them citizenship without having them reside in the US.

I am also having trouble finding where I read this but I'll keep looking and post the link if I find it.

[jodee 30]

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Frequently Asked Questions

Derivative Citizenship

DERIVATIVE CITIZENSHIP RULES APPLY TO CHILDREN WHO DID NOT ACQUIRE CITIZENSHIP AT THE TIME OF BIRTH TO A U.S. CITIZEN ABROAD. TO DECIDE WHETHER A CHILD BORN ABROAD ACQUIRED CITIZENSHIP AT BIRTH, CHECK CHART A AND CHART B.

Children Who Turned 18 on or after February 27, 2001

On February 27, 2001, a law went into effect that changed the rules for who gets derivative citizenship. The law applies to natural born children and adopted children. It does not apply to stepchildren unless the stepparent legally adopts the child. Under this law, called the Child Citizenship Act of 2001, a child born outside the United States automatically becomes a U.S. citizen when all of the following conditions have been fulfilled:

At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

The child is under the age of 18 years.

The child is residing in the United States in the legal and physical custody of the citizen parent.

The child is a permanent resident, pursuant to a lawful admission for permanent residence.

The order of events makes no difference. If your child is a permanent resident, under 18, and then you naturalize, your child gets automatic citizenship. If you naturalize and then your child gets permanent residence, the child becomes a U.S. citizen the moment he or she becomes a permanent resident, so long as that happens before the child is 18.

Note that if the child is born illegitimate and is not legitimated before reaching the age of 18, the naturalization of the father will not automatically result in the child gaining derivative citizenship.

source

Better still, straight from the USCIS site,...Source

Information for Parents of Foreign-Born Biological Children Residing in the U.S.

Information for Parents of Foreign-Born Biological Children Residing in the U.S., January 2004

The Child Citizenship Act (CCA) declares that children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will acquire automatic citizenship. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.

Frequently Asked Questions

1. Does my child qualify for automatic citizenship under the CCA?

Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

At least one parent is a U.S. citizen,

The child is under 18 years of age, and

The child is admitted to the United States as an immigrant.

2. Do I have to apply to USCIS for my child’s citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.

3. What documentation can I get of my child’s citizenship?

If your child permanently resides in the U.S, you can obtain evidence of your child’s citizenship by applying for a Certificate of Citizenship. You will need to file Form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. Passport from the Department of State.

4. Will USCIS automatically provide me with documentation of my child’s citizenship?

At the present time, USCIS is not able to automatically provide biological parents with documentation of their child’s citizenship. USCIS will continue to implement programs that streamline processes to more rapidly issue Certificates of Citizenship to qualifying children.

5. Is automatic citizenship provided for those who are 18 years of age or older?

No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.

6. What forms do I file and what are the fees?

If your child permanently resides in the U.S., you can apply for evidence of citizenship by filing form N-600 (Application for Certificate of Citizenship). If you are filing on behalf of an adopted minor child, the fee is $145 (all other applicants must pay $185).

7. Where should I file the forms?

If your child permanently resides in the U.S., you can file form N-600 (Application for Certificate of Citizenship) at any USCIS District Office or Sub-Office that that holds jurisdiction over your permanent residence.

8. What resources are available to answer questions about the Child Citizenship Act?

For more information about the CCA application procedures and forms, you may go to the USCIS Web site at http://uscis.gov or contact our National Customer Service Center at 1-800-375-5283. USCIS has also made available field guidance and public materials to all information officers and other front line staff to aid them in answering questions.

Please also read the following for more information:

Child Citizenship Program Fact Sheet, 1/22/04

Information for Adoptive Parents of Foreign-Born Orphans Residing in the U.S., January 2004

Information for Parents of Foreign-Born Children Residing Abroad, January 2004

Edited September 8, 2008 by jodee

[beejay 125]

Here is the link stating that he had to be a citizen at the time of their birth in order for the children to derive citizenship from him:

http://www.travel.state.gov/law/info/info_609.html

This one talks about children gaining citizenship after entering the US as an LPR and having at least one USC parent

http://www.travel.state.gov/family/adoptio...o/info_457.html

Hope those are helpful.

opps! Beat me to it, thanks jodee

Edited September 8, 2008 by beejay

[michelledawson 0]

Thank you all for your help. I was afraid i'd mis-read something and it seems that I had. This research is enough to make one go cross-eyed!

Thanks again!