Adoption!

[Dakine 26]

If your foreign born stepchild is adopted IN THE US.

Do you have to have 2 years legal and physical custody after the date of adoption decree for the child to get automatic USC?

[~krakatoa~ 27]

If your foreign born stepchild is adopted IN THE US.

Do you have to have 2 years legal and physical custody after the date of adoption decree for the child to get automatic USC?

You might find this relevant to your question:

"Frequently Asked Questions about the CCA

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

At least one adoptive parent is a U.S. citizen,

The child is under 18 years of age,

If the child is adopted, a full and final adoption of the child, and

The child is admitted to the United States as an immigrant

2) Do I have to apply to USCIS for my child's citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application"

Here's the link:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I hope this can help, in any way.

Edited June 13, 2007 by mysticbluerose

[Dakine 26]

If your foreign born stepchild is adopted IN THE US.

Do you have to have 2 years legal and physical custody after the date of adoption decree for the child to get automatic USC?

You might find this relevant to your question:

"Frequently Asked Questions about the CCA

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

At least one adoptive parent is a U.S. citizen,

The child is under 18 years of age,

If the child is adopted, a full and final adoption of the child, and

The child is admitted to the United States as an immigrant

2) Do I have to apply to USCIS for my child's citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application"

Here's the link:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I hope this can help, in any way.

Thanks for the info. Problem is different sites show different reguirements.

Which Children Automatically Become Citizens Under the New Law?

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term "child" is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of "child" for naturalization purposes under immigration law1 and must also meet the following requirements:

The child has at least one United States citizen parent (by birth or naturalization);

The child is under 18 years of age;

The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;

The child is a lawful permanent resident;

An adopted child meets the requirements applicable to adopted children under immigration law2

Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. A child who is currently under the age of 18 and has already met all of the above requirements will acquire citizenship automatically on February 27, 2001. Otherwise, a child will acquire citizenship automatically on the date the child meets all of the above requirements.

My child meets all the requirements except I can't find what the exact legal and physical requirements are.

Called USCIS and got 2 different answers. Don't trust their answers anyway.

[~krakatoa~ 27]

"(vii) Primary evidence for an adopted child or son or daughter. A petition may be submitted on behalf of an adopted child or son or daughter by a United States citizen or lawful permanent resident if the adoption took place before the beneficiary's sixteenth birthday, and if the child has been in the legal custody of the adopting parent or parents and has resided with the adopting parent or parents for at least two years. A copy of the adoption decree, issued by the civil authorities, must accompany the petition.

(A) "Legal custody" means the assumption of responsibility for a minor by an adult under the laws of the state and under the order or approval of a court of law or other appropriate government entity. This provision requires that a legal process involving the courts or other recognized government entity take place. If the adopting parent was granted legal custody by the court or recognized governmental entity prior to the adoption, that period may be counted toward fulfillment of the two-year legal custo dy requirement. However, if custody was not granted prior to the adoption, the adoption decree shall be deemed to mark the commencement of legal custody. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.

(B) Evidence must also be submitted to show that the beneficiary resided with the petitioner for at least two years. Generally, such documentation must establish that the petitioner and the beneficiary resided together in a familial relationship. Evidence of parental control may include, but is not limited to, evidence that the adoptive parent owns or maintains the property where the child resides and provides financial support and day-to-day supervision. The evidence must clearly indicate the physical living arrangements of the adopted child, the adoptive parent(s), and the natural parent(s) for the period of time during which the adoptive parent claims to have met the residence requirement. When the adopted child continued to reside in the same household as the natural parent(s) during the period in which the adoptive parent petitioner seeks to establish his or her compliance with this requirement, the petitioner has the burden of establishing that he or she exercised primary parental control during th at period of residence.

© Legal custody and residence occurring prior to or after the adoption will satisfy both requirements. Legal custody, like residence, is accounted for in the aggregate. Therefore, a break in legal custody or residence will not affect the time already fulfilled. To meet the definition of child contained in sections 101(B)(1)(E) and 101(B)(2) of the Act, the child must have been under 16 years of age when the adoption is finalized."

Sorry for the smileys, the parentheses and letter B give me all those in the quoted statements..

Edited June 13, 2007 by mysticbluerose

[Dakine 26]

"(vii) Primary evidence for an adopted child or son or daughter. A petition may be submitted on behalf of an adopted child or son or daughter by a United States citizen or lawful permanent resident if the adoption took place before the beneficiary's sixteenth birthday, and if the child has been in the legal custody of the adopting parent or parents and has resided with the adopting parent or parents for at least two years. A copy of the adoption decree, issued by the civil authorities, must accompany the petition.

(A) "Legal custody" means the assumption of responsibility for a minor by an adult under the laws of the state and under the order or approval of a court of law or other appropriate government entity. This provision requires that a legal process involving the courts or other recognized government entity take place. If the adopting parent was granted legal custody by the court or recognized governmental entity prior to the adoption, that period may be counted toward fulfillment of the two-year legal custo dy requirement. However, if custody was not granted prior to the adoption, the adoption decree shall be deemed to mark the commencement of legal custody. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.

(B) Evidence must also be submitted to show that the beneficiary resided with the petitioner for at least two years. Generally, such documentation must establish that the petitioner and the beneficiary resided together in a familial relationship. Evidence of parental control may include, but is not limited to, evidence that the adoptive parent owns or maintains the property where the child resides and provides financial support and day-to-day supervision. The evidence must clearly indicate the physical living arrangements of the adopted child, the adoptive parent(s), and the natural parent(s) for the period of time during which the adoptive parent claims to have met the residence requirement. When the adopted child continued to reside in the same household as the natural parent(s) during the period in which the adoptive parent petitioner seeks to establish his or her compliance with this requirement, the petitioner has the burden of establishing that he or she exercised primary parental control during th at period of residence.

© Legal custody and residence occurring prior to or after the adoption will satisfy both requirements. Legal custody, like residence, is accounted for in the aggregate. Therefore, a break in legal custody or residence will not affect the time already fulfilled. To meet the definition of child contained in sections 101(B)(1)(E) and 101(B)(2) of the Act, the child must have been under 16 years of age when the adoption is finalized."

Sorry for the smileys, the parentheses and letter B give me all those in the quoted statements..

Thanks for the try but I think these requirements are for petitioning a child adopted abroad and not for a foreign born child adopted in the US and acquiring automatic citizenship.

You do have to live and show legal and phyical custody for 2 years in the country you are adopting the child in!

At least in the Philippines. Don't know about other countries tho!