K2

[zyggy 9]

I adopted my stepchild and the way it looks she will be getting automatic citizenship after 2 years of my legal and physical custody [from date of adoption decree] in the US.

No.. that child will be come a US Citizen when the adoption is finalized if the child is under 18 and is already in the US as a PR at that time...

I don't understand where you're getting this two year business becuase it's absolutely false. Either the child is or is not in your full legal and physical custody through either a adoption or divorce decree... length of time of such custody has nothing to do with it in terms of transmission of US Citizenship via the Child Citizenship Act.

For example, the children Angelina Jolie adopted became US Citizens upon their entry into the US. There was no time limit on the length of the adoption required to bestow citizenship. They were US Citizens upon their entry to the US.

If A USC is adopting an alien child that is already in the US and that CHild is a permanent resident. The CHild Citizenship Act is clear. Once the adoption is finalized and the decree is given, that child is a US Citizen.

For example, the children Angelina Jolie adopted became US Citizens upon their entry into the US. There was no time limit on the length of the adoption required to bestow citizenship. They were US Citizens upon their entry to the US.

Were they adopted in the US? Big difference.

I'd be very happy if I am wrong but USCIS and the passport agency say I'm right.

CCA

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 custody 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.

I just read the text of the CCA... This is what it says in the INA

INA: ACT 320 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired 1/

Sec. 320. [8 U.S.C. 1431] (a) 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:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1) .

101 (b)(1)

(1) The term "child" means an unmarried person under twenty-one years of age who is-

(E) (i) 17a/ a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household : Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or

Ahhh.. I see... Ok.. My apologies... You are correct... If the child did not immigrate as an IR-4, then you have to wait the two years..

I am now educated... Thank you..

Edited June 26, 2007 by zyggy

[Dakine 26]

I adopted my stepchild and the way it looks she will be getting automatic citizenship after 2 years of my legal and physical custody [from date of adoption decree] in the US.

No.. that child will be come a US Citizen when the adoption is finalized if the child is under 18 and is already in the US as a PR at that time...

I don't understand where you're getting this two year business becuase it's absolutely false. Either the child is or is not in your full legal and physical custody through either a adoption or divorce decree... length of time of such custody has nothing to do with it in terms of transmission of US Citizenship via the Child Citizenship Act.

For example, the children Angelina Jolie adopted became US Citizens upon their entry into the US. There was no time limit on the length of the adoption required to bestow citizenship. They were US Citizens upon their entry to the US.

If A USC is adopting an alien child that is already in the US and that CHild is a permanent resident. The CHild Citizenship Act is clear. Once the adoption is finalized and the decree is given, that child is a US Citizen.

For example, the children Angelina Jolie adopted became US Citizens upon their entry into the US. There was no time limit on the length of the adoption required to bestow citizenship. They were US Citizens upon their entry to the US.

Were they adopted in the US? Big difference.

I'd be very happy if I am wrong but USCIS and the passport agency say I'm right.

CCA

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 custody 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.

I just read the text of the CCA... This is what it says in the INA

INA: ACT 320 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired 1/

Sec. 320. [8 U.S.C. 1431] (a) 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:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

(B) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(B)(1) .

101 (B)(1)

(1) The term "child" means an unmarried person under twenty-one years of age who is-

(E) (i) 17a/ a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household : Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or

Ahhh.. I see... Ok.. My apologies... You are correct... If the child did not immigrate as an IR-4, then you have to wait the two years..

I am now educated... Thank you..

Thank you! Wish you had been correct!

Thanks for the research. You're good.

Took me awhile to find the negative info as every else you look says my daughter was a Citizenship.

Only cost me $92 to apply for passport for her. N-600 is a bit more.. Passport agency claims they may keep the application until her time is up. We'll see what happens.

Edited June 26, 2007 by beckypua