IR2 Citizenship Process

[angeldeborah 5]

Hi, I've applied for an IR2 for my daughter and we're just waiting for one more document to be accepted before she is DQ. I just wanted to know anyone's experience with getting the immediate citizenship. Will we have to fill out some forms and wait or do they just give her the US passport as soon as we get to the airport? Sorry if this is a silly question! 😅

[jan22 3,056]

She qualifies for a US passport after meeting all of the requirement of the Child Citizenship Act:

1. Is under the age of 18;
2. Is admitted to the US as a Legal Permanent Resident (i.e., enters using her IR-2 visa); and,
3. Is residing in the US in the legal and physical custody of her US citizen parent.

She won't be given a US passport at the airport -- she (or you on her behalf if she is under 16) has to apply for it.  You will have to show documentation that she has met these requirements along with the passport application.  Take a look at https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html, especially the answer to the "How Does the Child Get a Passport...".

[JeanneAdil 6,610]

read thru

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

[angeldeborah 5]

Yes she's 15 turning 16 later this year. So as long as she'll be living with her stepfather she can get citizenship?

[jan22 3,056]

8 minutes ago, angeldeborah said:

Yes she's 15 turning 16 later this year. So as long as she'll be living with her stepfather she can get citizenship?

Is she also going to be living with her US citizen biological parent?  If not, then, no, she will not acquire automatic US citizenship without naturalization and cannot get a US passport.

Edited April 3, 2022 by jan22

[JeanneAdil 6,610]

Are u naturalized?

[angeldeborah 5]

Just now, jan22 said:

Is she also going to be living with her US citizen biological parent?  If not, then, no, she will not acquire automatic US citizenship without naturalization.

Sorry, I forgot to mention that her stepfather is a US citizen and our petitioner and we do plan to live with him. 

1 minute ago, JeanneAdil said:

Are u naturalized?

No but her stepfather is. 

[jan22 3,056]

1 minute ago, angeldeborah said:

Sorry, I forgot to mention that her stepfather is a US citizen and our petitioner and we do plan to live with him. 

No but her stepfather is. 

Then your daughter will not acquire citizenship upon entry -- the Child Citizenship Act requires at least one US citizen parent (biological or adoptive).  Step-parents cannot qualify their step-children for US citizenship.  Your daughter will be an LPR and can obtain citizenship if you naturalize while she is a minor or on her own after she is over 18.

[angeldeborah 5]

1 minute ago, jan22 said:

Then your daughter will not acquire citizenship upon entry -- the Child Citizenship Act requires at least one US citizen parent (biological or adoptive).  Step-parents cannot qualify their step-children for US citizenship.  Your daughter will be an LPR and can obtain citizenship if you naturalize while she is a minor or on her own after she is over 18.

Okay thank you!

[SalishSea 18,095]

5 hours ago, angeldeborah said:

do they just give her the US passport as soon as we get to the airport?

LOL.  No.....