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Posted

Hello everyone. I' need your expertise to see if my kids are under the child citizenship act.

I'm a us citizen but when we had our kids, I'm only a us legal permanent resident . My kids are 8 and 5 now and they live all their life in the philippines with my wife. The reason I'm asking is because We are at the visa stage now and they are coming relatively soon and I want to know if this act applied to them. Hopefully somebody can enlighten me. Thank you

Posted

If you are now a US citizen, the children will be in your physical and legal custody, and they will be coming as LPRs, then they will automagically becomes US citizens under the CCA as soon as they enter the US on their immigrant visas. They will enter as LPRs one second, and be US citizens the next.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Unless they successfully adjust status.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Thanks so much everyone! Its so much easier to understand these terms if explained by real people than going to website where the explanations usually leaves you scratching your head in confusion.

Posted

Hypnos pointed it out. And it will only count if they come as LPR's. If they are coming on a tourist visa, CCA won't apply to them.

I filed i130 for my wife and kids so they're coming as an LPR

Posted

The Child Citizenship Act was established so that children under 18 could become citizens if one parent naturalized and otherwise met the conditions. A child doesn't have to meet the same criteria as an adult who naturalizes, like the residence requirement, the good moral character, or take the oath of allegiance. They simply have to been an LPR before they turn 18, and you have to become a citizen before they turn 18. The legal and physical custody is assumed automatically by you being his or her parent, unless there is a court order where you don't have custody. As soon as your children enter with their immigrant visas and apply for LPR at the port of entry, they are USC's in an instant. Literally in the blink of an eye. They won't be given anything that proves their citizenship at the POE or anything like that. You have to either apply for their US passport or certs of citizenship. It's better to apply for the passport because the cert of citizenship isn't required and is expensive. That will be what proves their citizenship from then on.

I filed i130 for my wife and kids so they're coming as an LPR


Also if you file an I-130 make sure that you submit an I 864W for each of your children and the regular I 864 for your wife.

This does not constitute legal advice.

Filed: Country: Vietnam (no flag)
Timeline
Posted

The Child Citizenship Act of 2000 covered children like I was that were adopted over seas and brought to the USA....it required that the child was adopted again in the USA after the childs arrival to be eligible for the law that was past......

sara

Absolutely wrong.

Neither the CCA or any other US law requires that the child be adopted again after the child arrives in the US.

If the foreign adoption is good enough for the US government to issue an immigration visa to an adopted child, why would the US require a new adoption afterwards??????

 
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