IR2 child petitioned by his mom's USC husband, is he entitled of automatic US citizenship even if he's still not yet adopted by his mom's USC husband?

[Swingman_Tomoyo 2]

Hi Guys!

This is about a friend's case hope you can help us out with this. :-) IR2 child was petitioned by his mom's USC husband and they got approved recently and they're on NVC stage already. Question is, is the child qualified for automatic US citizenship upon entry in the US even if he's not yet adopted by his mom's USC husband? Thanks everyone! :-)

Edited October 22, 2012 by Swingman_Tomoyo

[let-it-be 36]

Hi Guys!

This is about a friend's case hope you can help us out with this. :-) IR2 child was petitioned by his mom's USC husband and they got approved recently and they're on NVC stage already. Question is, is the child qualified for automatic US citizenship upon entry in the US even if he's not yet adopted by his mom's USC husband? Thanks everyone! :-)

From the USCIS site about Citizenship through parents: http://www.uscis.gov...e9dd4aa3210VgnV

1. The child was residing as a Green Card holder in the U.S. and both parents naturalized before the child’s 18^th birthday; OR

• If one parent died, that the surviving parent naturalized before the child turned 18.
• If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18.
• If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18.

NOTE: The order in which the child meets the conditions does not matter so long as the child meets all the conditions before his or her 18^th birthday.

2. The child resides legally in the U.S. in the legal and physical custody of the U.S. citizen parent and meets the following conditions after February 27, 2001 but before his or her 18^th birthday:

• The adoptive parent adopted the child before his or her 16^thbirthday (or, in some cases, 18^th birthday) and had legal custody of the child and resided with the child for at least two years; OR
• The child was admitted to the United States as an orphan (IR-3) or Convention adoptee (IH-3) whose adoption by his or her U.S. citizen parent(s) was fully completed abroad; OR

The child was admitted to the United States as an orphan (IR-4) or Convention adoptee (IH-4) who was coming to the United States to be adopted and the child's adoptive parent(s) completed the adoption before his or her 18^th birthday.

Edited October 22, 2012 by let-it-be

[Hypnos 6,578]

He must be adopted, a step-parent relationship is not enough to qualify under the Child Citizenship Act.

[let-it-be 36]

If the biological mother naturalizes before the child is adopted by the US citizen (step-father), the child (under 18 y/o) becomes a US Citizen so long as he/she is a green card holder & residing in the states.

Edited October 22, 2012 by let-it-be

[Swingman_Tomoyo 2]

He must be adopted, a step-parent relationship is not enough to qualify under the Child Citizenship Act.

Thanks so much! That's something we wanted to confirm!

From the USCIS site about Citizenship through parents: http://www.uscis.gov...e9dd4aa3210VgnV

1. The child was residing as a Green Card holder in the U.S. and both parents naturalized before the child’s 18^th birthday; OR

• If one parent died, that the surviving parent naturalized before the child turned 18.
• If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18.
• If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18.

NOTE: The order in which the child meets the conditions does not matter so long as the child meets all the conditions before his or her 18^th birthday.

2. The child resides legally in the U.S. in the legal and physical custody of the U.S. citizen parent and meets the following conditions after February 27, 2001 but before his or her 18^th birthday:

• The adoptive parent adopted the child before his or her 16^thbirthday (or, in some cases, 18^th birthday) and had legal custody of the child and resided with the child for at least two years; OR
• The child was admitted to the United States as an orphan (IR-3) or Convention adoptee (IH-3) whose adoption by his or her U.S. citizen parent(s) was fully completed abroad; OR

The child was admitted to the United States as an orphan (IR-4) or Convention adoptee (IH-4) who was coming to the United States to be adopted and the child's adoptive parent(s) completed the adoption before his or her 18^th birthday.

Thanks Let-It-Be! We read this from the USCIS website but maybe we didn't fully understand some part of it. Glad you guys replied! :-)

Edited October 22, 2012 by Swingman_Tomoyo