US Citizenship thru adoption

[Akphils 19]

Good day everybody, I adopted my two stepsons here in alaska and got granted, when we received their new birth cert. their birth cert had this note that its not evidence of us citizenship. We are planning to get them a us passport but how can we get them a passport if it says in their birth cert. is not a proof of us citizenship. When I did read on the website that base on the CCA both my boys are automatic us citizen after the adoption. Any thoughts? Or advice you guys can give me.. Thank you so much. God bless you all. 

[Liam2021 583]

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/us-citizenship-adopted-child

You can take a look at this.

[DaveE 178]

Covered under the Child Citizenship Act of 2000.  Must meet the following conditions.  

 

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:

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

 

 

We just sent our daughters certified adoption decree, along with a copy of my Passport ID page, and other proof of my citizenship. If your daughter was born in the Philippines, they will want an NSO certified copy of her birth certificate with her birth name. We sent both the Filipino (old name), and US (adoption) birth certificate with her new name.

 

Basic rules and references are here:  CCA 2000

Edited July 25, 2018 by DaveE

[Akphils 19]

@H&T thank you for your replied.. @DaveE isthatthe requirements you gave for getting your daughter a US Passport? Thank again. 

[Akphils 19]

And also did you guys get your daughter a certificate of citizenship.? 

[DaveE 178]

We just got our daughter the passport. Saw no need for the additional expense of the certificate.

[Akphils 19]

@DaveE that’s perfect, alright we will going to get my son’s a us passport then.. thank you for your help and advice. 👍🏻😊

[Akphils 19]

@DaveE question, after you guys got your daughter US Passport, what was your wife did on removal of condition? Does your wife include your daughter or no? 

[Hank_ 9,174]

57 minutes ago, Akphils said:

@DaveE question, after you guys got your daughter US Passport, what was your wife did on removal of condition? Does your wife include your daughter or no? 

Daughter is a USC ... not a green card holder.   (only a USC can possess a U.S. passport    )

[Akphils 19]

@Hank_  I adopted my 2 stepsons and planning to get them a US Passport as per advice of DaveE, question, because they’d came here on cr2 visa and now automatic us citizen through adoption, how does their status gonna be change to USCIS? Do we need to report it after getting the US Passport.? Thank you so much. 

[Hank_ 9,174]

2 hours ago, Akphils said:

@Hank_  I adopted my 2 stepsons and planning to get them a US Passport as per advice of DaveE, question, because they’d came here on cr2 visa and now automatic us citizen through adoption, how does their status gonna be change to USCIS? Do we need to report it after getting the US Passport.? Thank you so much. 

I don't know that you would have to do anything with USCIS once your boys have their U.S. passports.   USCIS does know your boys received citizenship upon entry ...  yes?    

[DaveE 178]

I don't know about now. But when we did it appears that USCIS immigration and passport State Department didn't even talk. My wife and daughter came to the States on a K1 and K2 Visa. When I attempted to adjust status for my wife I enclosed a copy of the passport and adoption certificate showing that my daughter was a citizen. USCIS denied it saying she had to adjust status anyway (my daughter that is). Infopass appointment no help, getting in touch with my representative no help. Finally in Atlanta they told me just go ahead and adjust status for my daughter and destroy the green card when it arrived since she was already a citizen. That's what we eventually ended up doing just to get it over with.

 

They had the gall to criticize me saying I shouldn't have gotten my daughter citizenship until after we had adjusted status for both parties.

 

That was over 5 years ago and she has had no issues since then.

[geowrian 22,337]

3 minutes ago, DaveE said:

My wife and daughter came to the States on a K1 and K2 Visa. When I attempted to adjust status for my wife I enclosed a copy of the passport and adoption certificate showing that my daughter was a citizen. USCIS denied it saying she had to adjust status anyway (my daughter that is). Infopass appointment no help, getting in touch with my representative no help. Finally in Atlanta they told me just go ahead and adjust status for my daughter and destroy the green card when it arrived since she was already a citizen. That's what we eventually ended up doing just to get it over with.

Correct. She was not a USC until she became a legal permanent (LPR) resident first. That is a prerequisite. As such, she needed to complete AOS first.

If they had entered the US on an immigrant visa instead of a K-2, they would have been USCs upon entry.

[DaveE 178]

20 minutes ago, geowrian said:

Correct. She was not a USC until she became a legal permanent (LPR) resident first. That is a prerequisite. As such, she needed to complete AOS first.

If they had entered the US on an immigrant visa instead of a K-2, they would have been USCs upon entry.

Wrong - A conditional green card holder is a legal permanent resident per USCIS). If they don't adjust status after two two years they lose their legal permanent resident status. The adoption occurred during her legal permanent resident status and was deemed valid for US citizenship by the state department. This was acknowledged by USCIS in Atlanta they just say they prefer you wait.

[geowrian 22,337]

6 minutes ago, DaveE said:

Wrong - A conditional green card holder is a legal permanent resident per USCIS). If they don't adjust status after two two years they lose their legal permanent resident status. The adoption occurred during her legal permanent resident status and was deemed valid for US citizenship by the state department. This was acknowledged by USCIS in Atlanta they just say they prefer you wait.

You said "adjust status". Adjustment of Status (AOS) is to get a green card (conditional or non-conditional). The process you are referring to in the above quote is Removal of Conditions (ROC).

Once she got conditional permanent residency, she should have become a USC, correct.

Edited August 2, 2018 by geowrian