Adoption and automatic citizenship

[hankster]

My stepson is 17. We went to the free initial consult with an adoption attorney last week (she also claims to be an immigration attorney).

She told me that since I had not adopted my stepson before he was 16 that subsequently he wouldn't be eligible for automatic citizenship.

I have checked on the uscis naturalization guide and the closest thing I can find is where it says"

"The child was the parent's legitimate child or was legitimated by the parent before the child's 16th Birthday."

Anyone had a similar or opposite experience?

Thanks
Hank

[Randy W]

Seems pretty well asked and answered there. But there is one more possibility, if he has a sibling who meets the "usual requirements" of under 16

All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

[dnoblett]

Seems pretty well asked and answered there. But there is one more possibility, if he has a sibling who meets the "usual requirements" of under 16

All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

Well in this case Hank and Lilly have only one boy without a younger sibling to adopt, so that is not an option.

[C4Racer]

Here is what the USCIS says about adoption through parents.

 

USCIS Citizen through Adoption Requirements

 

N-600 Instructions

 

I know when Lee Fisher went through this process,

the forms all said under 16 for adoption.

I know cause we thought of bring my wife's son to live with us.

We thought about this process.

 

The legitimating is talking about a child born out of marriage.

Totally different than what you are wanting to do.

 

They have a statement that says the laws have changed over the years.

 

It appears to me the age limit has been raised to 18 for adoptions.

 

I think this is worth a call to USCIS or an info pass to double check the rules.

 

Contact USCIS

Edited December 11, 2010 by C4Racer (see edit history)

[Randy W]

I think the answer to this little dilemma is that he can still attain automatic citizenship if his MOTHER becomes a citizen before his 18th birthday.

 

Yes, it's the ADOPTION (as stated by the lawyer) that must have occurred before the 16th birthday for the child to automatically gain citizenship through his FATHER.

[hankster]

Here is what the USCIS says about adoption through parents.

 

USCIS Citizen through Adoption Requirements

 

N-600 Instructions

 

I know when Lee Fisher went through this process,

the forms all said under 16 for adoption.

I know cause we thought of bring my wife's son to live with us.

We thought about this process.

 

The legitimating is talking about a child born out of marriage.

Totally different than what you are wanting to do.

 

 

 

They have a statement that says the laws have changed over the years.

 

It appears to me the age limit has been raised to 18 for adoptions.

 

I think this is worth a call to USCIS or an info pass to double check the rules.

 

Contact USCIS

Thanks, C4, I had read that link, which makes me think the lawyer was misinformed, but then on another uscis site (Guide to Citizenship) it stated this:(Note the bold underlined "ALL")

 

U.S. CITIZENSHIP FOR CHILDREN

 

Questions and answers about the U.S. Citizenship laws for children, place of birth and how that affects their U.S. Citizenship, information you need to know about the Child Citizenship Act of 2000, and much more.

 

1.If I am a U.S. citizen, is my child a U.S. citizen?

 

A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for the required period of time prior to the child's birth, is generally considered a U.S. citizen at birth.

 

A child who is:

 

 

◦Born to a U.S. citizen who did not live in (or come to) the United States for therequired period of time prior to the child's birth, or

◦Born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child's birth, or

◦Adopted (stepchildren cannot derive or acquire citizenship through their stepparents) and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

 

 

■The child was lawfully admitted for permanent residence*; and

 

 

■Either parent was a United States citizen by birth or naturalization**; and

 

 

■The child was still under 18 years of age; and

 

 

■The child was not married; and

 

 

■The child was the parent's legitimate child or was legitimated by the parent before the child's 16th birthday (children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their father); and

 

 

■If adopted, the child met the requirements of section 101(b )(1)(E) or (F) of the Immigration and Nationality Act (INA) and has had a full and final adoption; and

 

 

■The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and

 

 

■The child was residing in the United States in the physical custody of the U.S. citizen parent.

 

 

I think this is where this lawyer was getting her info. My wife doesn't want citizenship at this time, because she's a property owner in shenzhen. I PM'd Lee Fisher earlier. We'd like to get citizenship for the boy as quickly as possible since he's starting college next year. I'm afraid I may have dropped the ball on this by not adopting him sooner.

Edited December 11, 2010 by dnoblett (see edit history)

[C4Racer]

Here is what the USCIS says about adoption through parents.

 

USCIS Citizen through Adoption Requirements

 

N-600 Instructions

 

I know when Lee Fisher went through this process,

the forms all said under 16 for adoption.

I know cause we thought of bring my wife's son to live with us.

We thought about this process.

 

The legitimating is talking about a child born out of marriage.

Totally different than what you are wanting to do.

 

They have a statement that says the laws have changed over the years.

 

It appears to me the age limit has been raised to 18 for adoptions.

 

I think this is worth a call to USCIS or an info pass to double check the rules.

 

Contact USCIS

Thanks, C4, I had read that link, which makes me think the lawyer was misinformed, but then on another uscis site (Guide to Citizenship) it stated this:(Note the bold underlined "ALL")

 

U.S. CITIZENSHIP FOR CHILDREN

 

Questions and answers about the U.S. Citizenship laws for children, place of birth and how that affects their U.S. Citizenship, information you need to know about the Child Citizenship Act of 2000, and much more.

 

1.If I am a U.S. citizen, is my child a U.S. citizen?

 

A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for the required period of time prior to the child's birth, is generally considered a U.S. citizen at birth.

 

A child who is:

 

 

◦Born to a U.S. citizen who did not live in (or come to) the United States for therequired period of time prior to the child's birth, or

◦Born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child's birth, or

◦Adopted (stepchildren cannot derive or acquire citizenship through their stepparents) and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:

 

 

■The child was lawfully admitted for permanent residence*; and

 

 

■Either parent was a United States citizen by birth or naturalization**; and

 

 

■The child was still under 18 years of age; and

 

 

■The child was not married; and

 

 

■The child was the parent's legitimate child or was legitimated by the parent before the child's 16th birthday (children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their father); and

 

 

■If adopted, the child met the requirements of section 101(B)(1)(E) or (F) of the Immigration and Nationality Act (INA) and has had a full and final adoption; and

 

 

■The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and

 

 

■The child was residing in the United States in the physical custody of the U.S. citizen parent.

 

 

I think this is where this lawyer was getting her info. My wife doesn't want citizenship at this time, because she's a property owner in shenzhen. I PM'd Lee Fisher earlier. We'd like to get citizenship for the boy as quickly as possible since he's starting college next year. I'm afraid I may have dropped the ball on this by not adopting him sooner.

 

Yeah, it is rather confusing.

Before, they had a statement about needing to adopt before 16 listed in the N-600 instructions.

 

What we need to know is the statement about legitimizing the child, include adoption or not.

The way I read it, it is all about children born out of wedlock.

That's why I think a call or info pass is in order.

 

The more I read on the internet, the more I think it applies to adopted children as well.

So it may be too late.

Edited December 11, 2010 by C4Racer (see edit history)

[Toplaw]

The issue isn't naturalization; it is citizenship by operation of law under the Child Citizenship Act of 2000. My comments are in CAPS.

 

 

What Are the Requirements of the Child Citizenship Act of 2000?

 

The child must meet the following requirements:

 

Have at least one American citizen parent by birth or naturalization; THIS MEANS THAT YOU MUST BE A U.S. CITIZEN

 

Be under 18 years of age; THIS REFERS TO YOUR STEPSON

 

Live in the legal and physical custody of the American citizen parent; THIS APPEARS TO BE TRUE and

 

Be admitted as an immigrant for lawful permanent residence. HE IS APPARENTLY HERE WITH A GREEN CARD

 

In addition, if the child is adopted, the adoption must be full and final. THIS IS WHAT YOU MUST DO BEFORE HE TURNS 18 IN ORDER TO MAKE IT HAPPEN. THEN FILE THE N-600, NOT THE N-400 (WHICH IS FOR NATURALIZATION)

 

I usually refrain from making comments that could be interpreted as being legal advice, but I can't sit idly by knowing that a kid is about to miss a golden opportunity, so just take this as advice from a father whose adopted daughter became a U.S. Citizen in this manner.

[Randy W]

I'm not sure which category Toppy's daughter fit into (but I'm certain(?) she was over 16 at the time of the adoption), but this is the word from the USCIS.

 

Yes, it would certainly seem that getting a definitive legal opinion would be in order, although she could always apply for citizenship the old-fashioned way (with the N-400).

 

An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101( b )(1)(E), (F) or (G) of the INA. See the “INA” link to the right.

 

 

This is from the USCIS' INA, posted in May, 2010 - sections (E), (F), and (G)

 

An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101( b )(1)(E), (F) or (G) of the INA. See the “INA” link to the right.

 

 

This is from the USCIS' INA, posted in May, 2010 - sections (E), (F), and (G)

 

(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 17ab/ 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

 

(ii) 17a/ subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years; 17aa/

 

(F)

(i) 17a/ a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 201( b ) , who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who personally saw and observed the child prior to or during the ad option proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child's proposed residence: Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child sha ll thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or

 

(ii) 17a/ subject to the same provisos as in clause (i), a child who: (I) is a natural sibling of a child described in clause(i) or subparagraph (E)(i); (II) has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classific ation as an immediate relative under section 201( b ) ; or 17aa/ .

 

(G) 17aa/ a child, under the age of sixteen at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 201( b ) , who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States, by a United States citizen and spouse jointly, or by an unmarried United States citizen at least 25 years of age--

 

(i) if--

 

(I) the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States;

 

(II) the child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption;

 

(III) in the case of a child having two living natural parents, the natural parents are incapable of providing proper care for the child;

 

(IV) the Attorney General is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Attorney General may consider whether there is a petition pending to confer immigrant status on one or both of such natural parents); and

 

(V) in the case of a child who has not been adopted--

 

(aa) the competent authority of the foreign state has approved the child's emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and

 

(bb) the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the child's proposed residence; and

 

(ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act.

Edited December 12, 2010 by dnoblett
Remove B) smiley (see edit history)

[Toplaw]

Randy, sorry but the Child Citizenship Act of 2000, and the OP's question, have nothing to do with the provisions of the law that you and others have focused on in this link.

 

The answer to the OP's question is very simple and very straightforward. Here is a link to a fact sheet about the CCA 2000. It was written by the USCIS to answer the OP's question. I hope he reads it and acts accordingly.

 

http://www.uscis.gov/files/pressrelease/CCA_102504.pdf

[Randy W]

Randy, sorry but the Child Citizenship Act of 2000, and the OP's question, have nothing to do with the provisions of the law that you and others have focused on in this link.

 

The answer to the OP's question is very simple and very straightforward. Here is a link to a fact sheet about the CCA 2000. It was written by the USCIS to answer the OP's question. I hope he reads it and acts accordingly.

 

http://www.uscis.gov.../CCA_102504.pdf

 

 

Your own experience should definitely be encouraging (more than anything us naysayers can say - Cici WAS over 16 when she was adopted, right?), but that fact sheet also says

An adopted child meets the requirements applicable to adopted children under immigration law,

 

This does seem to be WAY more convoluted than it ought to be. I don't mean to discourage anyone - just trying to sort out what the law is.

[hankster]

Thanks for the comments and advice. I've also done a lot of research since the original post and believe, after reading the CCA of 2000 and the filing instructions for the N-600, that my stepson has a good chance to attain US citizenship after the adoption is final.

 

This is from CCA, and I think we qualify on each bullet (I think the 3rd bullet applies to children adopted before they arrive in US)

 

Which children qualify for automatic citizenship under the CCA?

Under the CCA, a 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,

• An adopted child meets the requirements applicable to adopted children under immigration law,

• The child is admitted to the United States as a permanent resident, or acquires this status through adjustment of status

• The child is residing permanently in the United States with the child’s citizen parent(s).

Edited December 12, 2010 by hankster (see edit history)

[dnoblett]

I am pinning this one, topic is a wealth of info for a confusing law.

[LeeFisher3]

Thanks for the comments and advice. I've also done a lot of research since the original post and believe, after reading the CCA of 2000 and the filing instructions for the N-600, that my stepson has a good chance to attain US citizenship after the adoption is final.

 

This is from CCA, and I think we qualify on each bullet (I think the 3rd bullet applies to children adopted before they arrive in US)

 

Which children qualify for automatic citizenship under the CCA?

Under the CCA, a 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,

• An adopted child meets the requirements applicable to adopted children under immigration law,

• The child is admitted to the United States as a permanent resident, or acquires this status through adjustment of status

• The child is residing permanently in the United States with the child¡¯s citizen parent(s).

Forget the N-600 just take copies of the required paperwork to the Post Office and submit a passport application, it's much faster and cheaper.

[dnoblett]

Forget the N-600 just take copies of the required paperwork to the Post Office and submit a passport application, it's much faster and cheaper.

 

Not sure if that would fly.

 

Submit Evidence of U.S. Citizenship

 

When applying for a U.S. passport in person, evidence of U.S. citizenship must be submitted with Form DS-11. All documentation submitted as citizenship evidence will be returned to you. These documents will be delivered with your newly issued U.S. passport or in a separate mailing.

 

Primary Evidence of U.S. Citizenship (One of the following):

 

• Previously issued, undamaged U.S. Passport
• Certified birth certificate issued by the city, county or state*
• Consular Report of Birth Abroad or Certification of Birth
• Naturalization Certificate
• Certificate of Citizenship

*A certified birth certificate has a registrar's raised, embossed, impressed or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within 1 year of your birth. Please note, some short (abstract) versions of birth certificates may not be acceptable for passport purposes.

http://travel.state.gov/passport/get/first/first_830.html#step3first