Child Citizenship Act of 2000

[LeeFisher3]

The Child Citizenship Act of 2000 provides that foreign born children of US Citizens who live in the US.

While this is targeted more toward adopted Children the qualifying definition of a Child by the UCSIS is the standard. So if you married your SO any children under the age of 18 at the time of your marriage qualify.Definition of a Child

This means they do not go through the same naturalization process in the same way as others. One source states that the USCIS will automatically mail a certificate of citizenship, while another shows a significant reduction in the paperwork for the certificate and bases the process on the USCIS case file for the child as all the evidence required.

The State Department and USCIS web sites both have this filed under the Adoption category, but the definition provided does not require adoption. Take a look at U.S. Citizenship by Birth or Through Parents

Congratulations to those who can benefit from this process.

[Trigg]

Lee, i'm confused. Does this mean that my stepdaughter will automatically become a citizen and not have to wait the five years???

 

(if you don't answer me will I have to read the links you've psoted?)

[LeeFisher3]

Lee, i'm confused. Does this mean that my stepdaughter will automatically become a citizen and not have to wait the five years???

 

(if you don't answer me will I have to read the links you've psoted?)

193545[/snapback]

That's the deal according to nolo.com and the definitions of the act by both DOS and USICIS web sites.

 

It appears to have been targeted with Adoption in mind, but the USCIS definition of a qualifying child is used to define who is eligible.

 

Many thanks to shaffja who asked about Fiance & Marriage Visas: A Couple's Guide To U.S. and based on this one little jewel it was worth EVERY PENNY.

[frank1538]

Lee, I'm not so sure that a step child automatically gets citizenship unless legally adopted. I base this on http://www.immigrationcases.com/art-08.htm which is by no means authoritative:

 

"...Who is a Child for Purposes of CCA Benefits?

 

A foreign born person under age 18 who is the child of an U.S. citizen by birth or adoption qualifies for CCA benefits.

A child who is the "step-child" of an U.S. citizen does not qualify for CCA benefits unless he or she is legally adopted by the U.S. citizen parent. A step-child is the son or daughter of a U.S. citizen who marries a person who is not a U.S.. citizen before the child reaches age 18. Step-children and adopted children are treated differently for the CCA and other immigration purposes."

 

jean-charles raised a similar question: http://candleforlove.com/forums/index.php?...ndpost&p=193062

 

I do agree, though, that once the biological parent becomes naturalized, the child automatically becomes a citizen provided the other conditions are satisfied (under 18, an LPR, etc.).

[LeeFisher3]

The dog ate my homework, so much for previewing and using the back button.

 

The author of:

...Fiance & Marriage Visas: A Couple's Guide To U.S. Immigration

...ISBN 1-4133-0397-8

bases this upon the definition of a child in the INA, where a step child is considered a child for immigration purposes.

 

On http://uscis.gov/graphics/publicaffairs/fa...ets/adopted.htm the definition of a "child" seems to hold the key. I am having difficulty locating the text for Section 101( c ) of the INA. The INA is on the INS Web site: www.ins.usdoj.gov.

 

I have only seen one definition of a child for immigration purposes listed, but there could be 100's with our system as well organized as it is. Any idea where to find the text?

Edited February 25, 2006 by LeeFisher3 (see edit history)

[frank1538]

Here's the 101( c ) definition: http://uscis.gov/lpBin/lpext.dll/inserts/s...t-frame.htm&2.0

 

 

"...The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 320, and 321 of title III, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection ( b )(1)), 18a/ and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption."

 

For what it's worth, here's a link to the actual Child Citizenship Act of 2000: http://www.immigrationlinks.com/news/news627.htm

[Tine & Ella]

When we went to the Indy office to remove conditions last year the staff gave my wife the paperwork for Citizenship and told her her daughter will automatically become a citizen and both can change their names at that time. My stepdaughter will take my last name and will change her first name to Kelly and keep her surname as middle name. The name change is done by the judge that gives the oath.

 

Tine