Getting passport for adopted minor child.

[Boiler 45,411]

5 minutes ago, davemcphe said:

She is a citizen through adoption, and I have paid the fee for the N600 but am waiting for the Certificate of Citizenship to come back.

Why pay the fee for the I-751 when she is a citizen and I have already filed the N600?

You could file a WoM, 18 months for a N600 seems excessive.

5 minutes ago, davemcphe said:

She is a citizen through adoption, and I have paid the fee for the N600 but am waiting for the Certificate of Citizenship to come back.

Why pay the fee for the I-751 when she is a citizen and I have already filed the N600?

You could file a WoM, 18 months for a N600 seems excessive.

[Family 3,988]

4 minutes ago, davemcphe said:

She is a citizen through adoption, and I have paid the fee for the N600 but am waiting for the Certificate of Citizenship to come back.

Why pay the fee for the I-751 when she is a citizen and I have already filed the N600?

Your timeline may be an issue . Adoption benefits need to show 2 years of physical and legal custody …you indicated N-600 pending 18 months , yet you adopted one year after her entry as conditional resident .

 

Passport office is confused for sure , inspite of amended birth certificate and adoption decree , they sent you  a form normally used to transmit citizenship through biological father 

 

If you want to travel in July , I recommend doing a late filed I-751 and use extension letter and card til you sort it out 

[jan22 3,043]

What evidence did you submit with the passport application?  If all you submitted was the UT birth certificate issued after the adoption, that was not enough, as it should be clear she was not actually born in UT (it should still list her actual place of birth).

Instead of returning the form requested — which doesn’t apply in your case, since she is not your biological daughter — you should write a cover letter stating that your daughter acquired US citizenship under the Child Citizenship Act of 2000 (CCA) at the time of her adoption.  Then include evidence that she meets all the requirements of the Act:

• She was under the age of 18 when she met the requirements (can easily be documented since she is still under 18);
• She is the adopted daughter of a US citizen (adoption papers and your proof of citizenship);
• She was admitted to the US as a legal permanent resident (green card, even though it’s expired);
• She is living in your legal and physical custody. 

See the question “How does my child get a passport…” under the FAQs section on the CCA 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html#:~:text=The Child Citizenship Act of,acquire U.S. citizenship at birth.

[Family 3,988]

1 hour ago, jan22 said:

What evidence did you submit with the passport application?  If all you submitted was the UT birth certificate issued after the adoption, that was not enough, as it should be clear she was not actually born in UT (it should still list her actual place of birth).

Instead of returning the form requested — which doesn’t apply in your case, since she is not your biological daughter — you should write a cover letter stating that your daughter acquired US citizenship under the Child Citizenship Act of 2000 (CCA) at the time of her adoption.  Then include evidence that she meets all the requirements of the Act:

• She was under the age of 18 when she met the requirements (can easily be documented since she is still under 18);
• She is the adopted daughter of a US citizen (adoption papers and your proof of citizenship);
• She was admitted to the US as a legal permanent resident (green card, even though it’s expired);
• She is living in your legal and physical custody. 

See the question “How does my child get a passport…” under the FAQs section on the CCA 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html#:~:text=The Child Citizenship Act of,acquire U.S. citizenship at birth.

I may be misinterpreting the definition of “adopted child” and have always been under the impression the 2 year custody also applies. @jan22 can you elaborate. 

[Family 3,988]

The 2 year custody absolutely applies to the “adopted child “ , .and must be met.
 Until that condition is fulfilled , neither passport nor N-600 possible

Link to a recent AAO decision with cites 

 

https://www.uscis.gov/sites/default/files/err/E2 - Applications for Certification of Citizenship/Decisions_Issued_in_2020/MAR242020_01E2309.pdf

[davemcphe 22]

13 minutes ago, Family said:

The 2 year custody absolutely applies to the “adopted child “ , .and must be met.
 Until that condition is fulfilled , neither passport nor N-600 possible

Link to a recent AAO decision with cites 

 

https://www.uscis.gov/sites/default/files/err/E2 - Applications for Certification of Citizenship/Decisions_Issued_in_2020/MAR242020_01E2309.pdf

I have had physical custody of my adopted daughter since June 2021

[Family 3,988]

1 minute ago, davemcphe said:

I have had physical custody of my adopted daughter since June 2021

Yes, you have the 2 years for physical custody ( from date she entered as LPR) 

Legal custody is date adoption was final …what is that date?

 

Also what date did you file N-600? What date did you file passport ? 
 

You made reference to your attorney…did you DIY or law firm did app?

[jan22 3,043]

On 5/4/2024 at 10:40 AM, Family said:

I may be misinterpreting the definition of “adopted child” and have always been under the impression the 2 year custody also applies. @jan22 can you elaborate. 

The two-year custody applies when a child is adopted outside the US and the adopting parents are applying for an IR-2 visa when the adoption does not qualify for an IR-3/IR-3H.  (It basically serves to prove there is a legal, legitimate parent/child relationship.)
 

In this case, the child qualified for an IR-2 visa as the step-daughter of the petitioning US citizen.  She was admitted as an IR-2 and received a green card on that basis.  Once there was a final, legal, adoption decree in the US, she met all of the requirements of the Child Citizenship Act and should be able to get a US passport.

[Family 3,988]

1 hour ago, jan22 said:

The two-year custody applies when a child is adopted outside the US and the adopting parents are applying for an IR-2 visa when the adoption does not qualify for an IR-3/IR-3H.  (It basically serves to prove there is a legal, legitimate parent/child relationship.)
 

In this case, the child qualified for an IR-2 visa as the step-daughter of the petitioning US citizen.  She was admitted as an IR-2 and received a green card on that basis.  Once there was a final, legal, adoption decree in the US, she met all of the requirements of the Child Citizenship Act and should be able to get a US passport.

When I read your post, I doubted myself so took deep dive and came up back to the position that the 2 year is the additional provision for adopted child…even in the instant stepchild who entered as IR 2 and completed the family adoption in US

 

 

 

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process/immigration-adoption-and-citizenship-for-stepchildren-of-us-citizens-and-lprs
Adopting Stepchildren and Immigration Options for Adopted Children

If you are a U.S. citizen and your adopted child meets the criteria in INA section 320, including qualifying as an adopted child under INA 101(b)(1)(E) and

^ 23] The child must meet the requirements for family-based adoption at INA 101(b)(1)(E), orphans at INA 101(b)(1)((F), or Hague Convention adoptees at INA 101(b)(1)(G). See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E]. See Volume 5, Adoptions, Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C]. See Volume 5, Adoptions, Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D].

 

 

https://www.uscis.gov/policy-manual/volume-5-part-f-chapter-3

 

Family-based Adoption Petitions

To determine if the adopted child meets the requirements applicable to adopted children, USCIS reviews the file, including any evidence indicating that an adoption-based petition was approved for the child, and has not been revoked.^[36]

If an adoption-based petition was not approved for the child, the applicant must submit the following to show that they meet the requirements of a family-based adoption:^[37]

• A full, final adoption decree or order showing that the child was adopted before the child’s 16th birthday (or before the child’s 18th birthday if the sibling exception applies);^[38]

• Documentation that the child has been in the legal custody of the adoptive U.S. citizen parent for at least 2 years (at the time of filing); and

• Documentation that the child has been jointly residing with the adoptive parent(s) for at least 2 years (at the time of filing).

 

Edited May 6 by Family

[Family 3,988]

self delete

Edited May 6 by Family

[davemcphe 22]

Just a quick update: I filled out the DS-5507 with me as the birth parent.  That was the original question.  To answer a few others that have come up:  My wife and daughter arrived in the US on July 3, 2021 just over a year and a half after we were married.  Adoption of my daughter was finalized in Utah July 18, 2022.  The N-600 was received by the USCIS on Feb 9 2023.  My daughters green card expired on July 3 2023.  I did not file an I-751 for her but did for my wife who I am still married to and who lives with me and my daughter.  We applied for my daughters US passport on Apr 9, 2024 and got a request for proof of citizenship on May 3, 2024.  I applied for a passport renewal on the same day.  I received my new passport today May 15, 2024, and was told that my daughters US Passport was approved and shipped yesterday.  Documents submitted were Adoption decree, Utah birth certificate, Marriage Certificate w/translation.  Deed of trust on my house showing both my wife's and my names on the Deed.