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Adoption and automatic citizenship


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I think the passport method might work because, you would just need to prove that the child truly belongs to you. When I was 17, my mom just showed her naturalization certificate and I was able to get a passport, thus becoming a U.S citizen. The only problem with this method is, if you ever needed a certificate of citizenship, you need to pay a nice $400 for it.

Edited by Amaro (see edit history)
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I think the passport method might work because, you would just need to prove that the child truly belongs to you. When I was 17, my mom just showed her naturalization certificate and I was able to get a passport, thus becoming a U.S citizen. The only problem with this method is, if you ever needed a certificate of citizenship, you need to pay a nice $400 for it.

Actually the fee is now $600 for the certificate, N-600 fee. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

But yes, it is not exactly clear what DOS will accept as proof of citizenship for issuance of a US Passport, they may accept an adoption certificate.

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Automatic citizenship also applies to any internationally adopted orphan from an institution recognized in country --national and regional government approved by USSD--- and passed by the US consulate in country. They are subject to an exit interview (parents if the child is too young) and a review of paper work. Im not aware of any age cut off in these cases, as long as its still a minor child.

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  • 3 weeks later...

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.

 

I completed the adoption of my son in July 2010.

 

I familiarized myself with the CCA, but I still wanted to have an official document in-hand so I applied for the N-600.

 

The N-600 processing times are a year+ and I was hoping to avoid paying the fees associated with his 10 year GC, so I took the US Passport route.

 

I supplied the DOS with all the required documents, but they came back with an RFE. The DOS stated that his California Delayed Registration of Birth and the adoption order was not sufficient to prove that my son was in my legal custody since entering the US. They requested copies of my tax returns, my son's school record, and my son's medical record. Got all that together and sent it in.

 

Unfortunately 10yr GC time came around.

 

I initially did not pay his I-751 fee, but rather sent the USCIS a copy of the adoption order, a copy of his California Delayed Registation of birth,copies of my tax returns showing him as a dependent, and a polite letter stating that via the CCA, that my son should be considered a US citizen now.

 

The USCIS sent me a letter back basically stating that my son will only be considered US citizen after the USCIS deems him so, until then, he is conditional resident that needs to have the conditions removed, otherwise he will be deemed illegal.

 

I paid the fee.

 

So his passport appilcation is still being processed and he is scheduled to have his I-751 biometrics in the near future.

 

-Squonk

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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.

 

I completed the adoption of my son in July 2010.

 

I familiarized myself with the CCA, but I still wanted to have an official document in-hand so I applied for the N-600.

 

The N-600 processing times are a year+ and I was hoping to avoid paying the fees associated with his 10 year GC, so I took the US Passport route.

 

I supplied the DOS with all the required documents, but they came back with an RFE. The DOS stated that his California Delayed Registration of Birth and the adoption order was not sufficient to prove that my son was in my legal custody since entering the US. They requested copies of my tax returns, my son's school record, and my son's medical record. Got all that together and sent it in.

 

Unfortunately 10yr GC time came around.

 

I initially did not pay his I-751 fee, but rather sent the USCIS a copy of the adoption order, a copy of his California Delayed Registation of birth,copies of my tax returns showing him as a dependent, and a polite letter stating that via the CCA, that my son should be considered a US citizen now.

 

The USCIS sent me a letter back basically stating that my son will only be considered US citizen after the USCIS deems him so, until then, he is conditional resident that needs to have the conditions removed, otherwise he will be deemed illegal.

 

I paid the fee.

 

So his passport appilcation is still being processed and he is scheduled to have his I-751 biometrics in the near future.

 

-Squonk

 

Thanks for the info Squonk,

 

How old was your son when his adoption was final?

 

Hank

Edited by hankster (see edit history)
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