Citizenship of IR-2

[Kathy and Jesse 16]

So my daughter and I got back in the US today. She came here w IR-2 (stepchild of US citizen which is my husband) we went through immigration process and got confused because the immigration officer said he is pretty sure that my daughter is eligible for US citizenship now. Is that true? As far as Im concerned my daughter will derive a US citizenship when I become a citizen which I am eligible next year. Please enlight me. Thank you!

[Hank_ 9,174]

I think he misspoke, he assumed a few things. My read is she will have citizenship when YOU acquire your citizenship.

Here is what I found:

http://www.uscis.gov/sites/default/files/files/pressrelease/ChildCitizenshipAct_022701.pdf

The Child Citizenship Act (CCA) which becomes effective on February 27, 2001, amends the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children—including adopted children—of U.S. citizens. In general, children who are less than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization-will benefit from this new law. Under the law, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship; children who live abroad acquire citizenship by application.

[Elf 146]

So my daughter and I got back in the US today. She came here w IR-2 (stepchild of US citizen which is my husband) we went through immigration process and got confused because the immigration officer said he is pretty sure that my daughter is eligible for US citizenship now. Is that true? As far as Im concerned my daughter will derive a US citizenship when I become a citizen which I am eligible next year. Please enlight me. Thank you!

Unless your husband has legally adopted your daughter, she's not eligible for citizenship on the basis of being his stepchild and will, as you said, acquire citizenship automatically when you naturalize because she will then be the minor LPR child in the custody of a US citizen parent.

From the USCIS site

The most significant difference between the two definitions of child is that a stepchild is not included in the definition relating to citizenship and naturalization. Although a stepchild may be the stepparent’s “child” for purposes of visa issuance, the stepchild is not the stepparent’s “child” for purposes of citizenship and naturalization. A stepchild is ineligible for citizenship or naturalization through the U.S. citizen stepparent, unless the stepchild is adopted and the adoption meets certain requirements.​ ^[4]

[newacct 688]

Stepchild doesn't count as child for citizenship purposes unless the stepparent adopted them. So, if your husband adopted her , then yes, she is a US citizen; otherwise no. The officer probably wasn't aware that she was a stepchild or that it is different for stepchildren.

[Kathy and Jesse 16]

Thank you guys. That is what I thought she won't be a citizen until I become a citizen. I did tell the officer she is a stepchild. He did ask me if she is from my husband or adopted. Told him neither one of them.

[Brassballs 47]

She can apply for naturalization:

1. When your husband adopts her.

2. When you become citizen.

1 will be faster, possibly more expensive depending on state of residence.

Also all applicable fees (gotta support those Syrians, you know) must also be paid.

Too bad that CBP agents are not more knowledgeable about the law.

Edited November 29, 2015 by Brassballs

[guitarjam 5]

If not foreigner born or adopted, supposed to be 3yrs for spouse, 5yrs for stepchildren...

[Kathy and Jesse 16]

She can apply for naturalization:

1. When your husband adopts her.

2. When you become citizen.

1 will be faster, possibly more expensive depending on state of residence.

Also all applicable fees (gotta support those Syrians, you know) must also be paid.

Too bad that CBP agents are not more knowledgeable about the law.

Lol!! ? Not sure how much adoption cost here in Colorado. We havent inquire yet. I am not in a hurry for my daughter to become a citizen anyway. Just wanting to clarify about what the immigration officer have told me. ? Thank you though. ??

[newacct 688]

She can apply for naturalization:

1. When your husband adopts her.

2. When you become citizen.

1 will be faster, possibly more expensive depending on state of residence.

Also all applicable fees (gotta support those Syrians, you know) must also be paid.

Too bad that CBP agents are not more knowledgeable about the law.

Actually, in neither of those cases would she "apply" for naturalization. It is automatic.

[Brassballs 47]

Maybe it's just semantics in my understanding of the naturalization process but even if the process is 'automatic' due to the birth mother becoming a citizen or the step-father adopting the child, the family unit still has to complete and send in a form N-400 with associated fees, yes?

I would consider this step to be the application process and there is nothing automatic about this step.

[newacct 688]

Maybe it's just semantics in my understanding of the naturalization process but even if the process is 'automatic' due to the birth mother becoming a citizen or the step-father adopting the child, the family unit still has to complete and send in a form N-400 with associated fees, yes?

I would consider this step to be the application process and there is nothing automatic about this step.

Nope. There is no step. The child can get a US passport as soon as the mother becomes a citizen.

[aaron2020 11,651]

Maybe it's just semantics in my understanding of the naturalization process but even if the process is 'automatic' due to the birth mother becoming a citizen or the step-father adopting the child, the family unit still has to complete and send in a form N-400 with associated fees, yes?

I would consider this step to be the application process and there is nothing automatic about this step.

It's not semantics. Citizenship is automatic and nothing needs to be applied for.

If not foreigner born or adopted, supposed to be 3yrs for spouse, 5yrs for stepchildren...

You missed the Child Citizenship Act.

[Brassballs 47]

After additional searching I found:

http://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child/acquiring-us-citizenship-for-your-child.html

which will save the $600 fee for filing a N-600 with USCIS.

This forum is amazing.