Citizenship for adopted child?

[summersolstice 0]

I'm sorry if this has been discussed before. My efforts at finding the answer by conducting a search proved futile. Here's the scenario:

The non-USC and her son arrived in the US over three years ago and they have, within the past 4-5 months, been granted Permanent Resident status. The legal adoption process of her minor child by her husband, a USC, was just completed. Does this adoption automatically confer US citizenship to the minor adopted child?

[YuAndDan 153]

IX. U.S. CITIZENSHIP FOR A FOREIGN-BORN ADOPTED CHILD

Many foreign-born adopted children acquire US citizenship as soon as they enter the United States. They do not need to formally apply (though they are entitled to a certificate of citizenship); they become citizens automatically.

Other foreign-born adopted children may need to wait until they have satisfied certain criteria before they automatically acquire citizenship. Still others (those living abroad) may need to formally apply to “naturalize”.

Orphans adopted by a US citizen parent are citizens once their adoption is final and they have lawfully entered the United States as permanent residents. Children who did not immigrate as orphans, but who were adopted by a US citizen parent and obtained lawful permanent resident status also automatically acquire citizenship (so long as they meet all the criteria prior to their 18th birthday).

Foreign children who are adopted by US citizens who reside overseas are also entitled to citizenship, but under slightly different criteria. Such children may file for naturalization during a legal, temporary visit to the US so long as they are under 18 and their parents or grandparents meet certain other eligibility criteria.

Adopted children residing in the United States may file for a certificate of citizenship using Form N-600. Adopted children residing outside the United States may file for naturalization using Form N-600K. For further information please see Child Citizenship Information.

http://www.uscis.gov/graphics/services/uscit.htm

http://www.uscis.gohttp://www.uscis.gov/gr...ices/index2.htm

Edited October 7, 2006 by YuAndDan

[bert 0]

Hi summersolstice,

did you figure out if your son became a US citizen upon completion of the adoption process?

I'm in the same situation (I'm a US citizen, two months ago adopted my 15 year-old step daughter who's been a permanent resident for many years as my stepdaughter) and wondering how it's ended with you.

Thanks a lot.

[zyggy 9]

The child became a USC upon adoption.... File an N-600 to get a certificate of US Citizenship for the child.

[bert 0]

The child became a USC upon adoption.... File an N-600 to get a certificate of US Citizenship for the child.

Unfortunately, it appeared not to be true. Unless the child was a qualified orphan, it should live in legal (and physical) custody of the adoptive US parent for 2 years before in becomes 'child' from Immigration Law point of view.

Since stepchild could not be an orphan and stepparent has no legal custody over his stepchild (even if they've lived together for 10 years prior to the adoption and the child's been a LPR for many years), adopted stepchild doesn't become a USC upon adoption finalization.....

[zyggy 9]

The child became a USC upon adoption.... File an N-600 to get a certificate of US Citizenship for the child.

Unfortunately, it appeared not to be true. Unless the child was a qualified orphan, it should live in legal (and physical) custody of the adoptive US parent for 2 years before in becomes 'child' from Immigration Law point of view.

Since stepchild could not be an orphan and stepparent has no legal custody over his stepchild (even if they've lived together for 10 years prior to the adoption and the child's been a LPR for many years), adopted stepchild doesn't become a USC upon adoption finalization.....

That's not what it says in the law...

Children who did not immigrate as orphans, but who were adopted by a US citizen parent and obtained lawful permanent resident status also automatically acquire citizenship (so long as they meet all the criteria prior to their 18th birthday).

[bert 0]

That's not what it says in the law...

Children who did not immigrate as orphans, but who were adopted by a US citizen parent and obtained lawful permanent resident status also automatically acquire citizenship (so long as they meet all the criteria prior to their 18th birthday).

Unfortunatelly, you (exactly as I did) read interpretation of the law, not the law itself. Even the Department of States website list the requirements as you do. But I wish it were true.

The Child Citizenship Act says the following

---

IN GENERAL- Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows: `children born outside the united states and residing permanently in the united states; conditions under which citizenship automatically acquired `SEC. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled: `(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. `(2) The child is under the age of eighteen years. `(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. `(b.) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b.)(1).'.----

Pay attention to Subsection (B.) saying that the Act applies to adopted children IF THE CHILD SATISFIES THE REQUIREMENTS APPLICABLE TO ADOPTED CHILDREN UNDER SECTION 101(b.)(1)

That section 101(b.)(1) requires the child to be in legal custody of adoptive US citizen parent for 2 years....

Edited November 30, 2006 by bert