Daughter under 21 of US citizen

[Mcibrian 0]

My I-130 has been approved and my case was sent over to the national visa center I have paid my AOS Fees and waiting for them to receive the AOS package so I'm pretty finishing up the final steps. My worry now is that I came to the US when I was four years old and was adopted my two US citizens when I was 15 1/2 I was told that I have to leave the US before I turn eighteen and a half to prevent a three year ban once I get my appointment. I am now 2 weeks away from turning eighteen and a half so I would like to confirm this information before I make a decision. I was also told by the uscis that they have no information about this eighteen and a half rule but them the lawyer tells me otherwise.

[Darnell 8,478]

when you call into USCIS again, ask for an ISO, and ask your question again.

ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

However - if those two us Citizens filed for a US Passport for you after the adoption, you would be a USCitizen if you had come in on a valid visa.

It smells like you have a difficult case - please visit (and read) over at http://immigrate2us.net when you get some time.

Also - what basis are you filing the Petition, and what outcome were you expecting?

[Penguin_ie 5,993]

**** Moving from K1 visa to General Immigration ****

Do you know if you were brought here on a visa or snuck over the border? The 18.5 rule is only if you entered the USA without inspection. If you came on a visa and overstayed, you can remain in the USA and adjust status.

Is the adoption legal and approved by the state?

I assume it is your adoptive parents that have filed the I-130 for you?

[mik2012 17]

FACT SHEET

Child Citizenship Act Of 2000

Purpose

On February 27, 2001, the Child Citizenship Act of 2000 becomes effective. The aim of this law, which, among other things, amends Section 320 of the Immigration and Nationality Act (INA), is to facilitate the automatic acquisition of U.S. citizenship for both biological and adopted children of U.S. citizens who are born abroad and who do not acquire U.S. citizenship at birth. We are pleased to note that, because of this law, U.S. citizenship will be conferred automatically upon thousands of children currently in the United States.Requirements

The following are the Act''s requirements:

At least one parent of the child is a U.S. citizen, either by birth or naturalization.

The child is under the age of 18.

The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence.

If the child has been adopted, the adoption must be final.

Frequently-Asked Questions

Q: Does the Act apply to foreign-born children who have immigrated to the United States in order to be adopted as well as to those who have been adopted abroad?

A: Yes. Children who have immigrated to the United States in order to be adopted become citizens as soon as the adoption decree is final.

Q: Does it matter in which order the requirements are met?

A: No. The order does not matter. Citizenship is acquired automatically as soon as all of the requirements have been met.

Q: Will a child who has met the requirements of this new law need to apply for a passport from the State Department or a Certificate of Citizenship from the Immigration and Naturalization Service (INS) in order to become a citizen?

A: No. As soon as the law''s requirements have been met, the child acquires U.S. citizenship automatically without the need to apply for either a passport or a Certificate of Citizenship.

Q: What documents are required to obtain a passport for a child who became a U.S. citizen under the Act?

A: (1) Evidence of the child''s relationship to a U.S. citizen parent (a certified copy of the foreign birth certificate for children born to an American or, if adopted, a certified copy of the final adoption decree); (2) the child''s foreign passport with INS''s I-551 stamp or the child''s resident alien card; and (3) the parent''s valid identification.

Q: How does someone prove admission into the United States as an immigrant for lawful permanent residence?

A: Either the child''s permanent resident alien card, commonly known as a "green card," or an I-551 stamp placed in the child''s passport by INS.

Q: How does a child demonstrate adoption in order to obtain a passport and/or Certificate of Citizenship?

A: By presenting a certified copy of a final adoption decree.

Q: Are the Act''s provisions retroactive in applicability?

A: No. Individuals who are 18 years of age or older on February 27, 2001, will not be able to take advantage of the Act.

Q: What is the effective date of U.S. citizenship for children who met all the requirements of the new law prior to February 27, 2001?

A: February 27, 2001. Even though the requirements were met before the Act''s effective date, citizenship is only acquired on that date.

Q: Will U.S. Embassies and Consulates issue reports of birth to children acquiring citizenship pursuant to this Act?

A: No. Reports of birth are issued only to children who acquire citizenship at birth.

[Mcibrian 0]

Yes the adoption is legal and my adoptive parents did file thei-130 which has already been approved right now I'm just about to send my AOS I-824 and my visa application ... I was brought here illegally when I was four years old. And yes the adoption was legal and approved my the state of Nevada

**** Moving from K1 visa to General Immigration ****

Do you know if you were brought here on a visa or snuck over the border? The 18.5 rule is only if you entered the USA without inspection. If you came on a visa and overstayed, you can remain in the USA and adjust status.

Is the adoption legal and approved by the state?

I assume it is your adoptive parents that have filed the I-130 for you?