US Passport Concern

[Squonk]

Background

I legally adopted my wife’s son in 2010.
My wife applied for her 10 yr GC in November 2010. I applied for a Certificate of Citizenship for my son in November 2010. I did not apply for a 10yr GC for my son. In December 2010 the USCIS wrote me and told me unless I apply for the 10 yr GC, my son could potentially be out of status and subject to deportation. I then applied for his 10 yr GC.
In January 2011 I had my CoC interview. The USCIS officer stated that I did meet the requirements of the CCA because my son was not an unconditional LPR at the time of CoC interview and that it had not been 2 years since the adoption. They told me that I could file for an appeal at a cost of $600.00. I elected not to do this. In March 2011, he received his 10 yr GC.

In parallel, I applied for a US Passport. Apparently the DOS has different CCA requirements. Based on near identical information that was submitted for his CoC, the DOS deemed I met their requirements and awarded him a US passport.

He has never used it since obtaining it in early 2011.

He plans to use it on his 1^st trip back to China in July of this year.

He has an active Chinese visa in his passport .

He will return to the States in early August.

Question
Has anyone heard of a problem/incident at a POE (in this case LAX) for an adopted Chinese child that now bears a US passport?
The DOS awarded the passport but the USCIS will be at the POE.
What happens when they run his fingerprints? Won't they show that he is a GC holder and perhaps deem the passport fraudulent.
I am going to have his mother bring the adoption order and his California issues delayed registration of birth with him.

-Squonk

[Randy W]

Background

 

I legally adopted my wife’s son in 2010.

My wife applied for her 10 yr GC in November 2010. I applied for a Certificate of Citizenship for my son in November 2010. I did not apply for a 10yr GC for my son. In December 2010 the USCIS wrote me and told me unless I apply for the 10 yr GC, my son could potentially be out of status and subject to deportation. I then applied for his 10 yr GC.

In January 2011 I had my CoC interview. The USCIS officer stated that I did meet the requirements of the CCA because my son was not an unconditional LPR at the time of CoC interview and that it had not been 2 years since the adoption. They told me that I could file for an appeal at a cost of $600.00. I elected not to do this. In March 2011, he received his 10 yr GC.

 

In parallel, I applied for a US Passport. Apparently the DOS has different CCA requirements. Based on near identical information that was submitted for his CoC, the DOS deemed I met their requirements and awarded him a US passport.

 

He has never used it since obtaining it in early 2011.

 

He plans to use it on his 1^st trip back to China in July of this year.

 

He has an active Chinese visa in his passport .

 

He will return to the States in early August.

 

Question

Has anyone heard of a problem/incident at a POE (in this case LAX) for an adopted Chinese child that now bears a US passport?

The DOS awarded the passport but the USCIS will be at the POE.

What happens when they run his fingerprints? Won't they show that he is a GC holder and perhaps deem the passport fraudulent.

I am going to have his mother bring the adoption order and his California issues delayed registration of birth with him.

 

-Squonk

 

 

Your son is not a green card holder - he is a United States citizen. Approval of the USCIS is not necessary. The Certificate of Citizenship is not necessary, but may be useful in proving his citizenship, as is his passport. What are you thinking? Any "out of status" time is forgiven.

 

I don't see any problems anywhere in what you're saying, except with the interview. Unless there's something we're not aware of, I don't see why you would have been turned down. There might be something buried in this clause - "An adopted child must also meet the requirements applicable to the particular provision under which they qualified for admission as an adopted child under immigration law".

 

I don't see any 2 year requirement, nor do I see a requirement that he be an unconditional LPR. In any event, that's immaterial - the passport and visa allow him to travel to China and return. You should also be apply to get his Certificate of Citizenship without any trouble - no appeal needed - but you may want to do this after the 2 year anniversary of the adoption.

 

I would chalk it up to confusion about exactly which provisions of the Child Citizenship Act apply.

Edited June 21, 2012 by Randy W (see edit history)

[dnoblett]

This sounds much like what Lee Fisher did with his family, wife/son K-1/K-2, adjusted status and while they were in conditional status he adopted son and applied for and received citizenship cert for son, and wife then filed to remove conditions.

 

http://candleforlove.com/forums/index.php?/topic/25649-adoption-of-stepchild/page__view__findpost__p__314040

 

Timing: Did you adopt child before their 18th birth day? If before 18th birthday should be considered to be a US Citizen not out of status.

 

I know of another who adopted after age 18, step child still needs a green-card because after age 18 cannot automatically derive citizenship based on parent's citizenship, in this case child needs to be a green-card holder for 5 years before child can on their own apply for citizenship.

 

Another detail, were you married to step child's parent at time of adoption? That 2 year custody rule applies to orphans, not in cases where parent and step parent are married, child would not be an orphan.

 

If were me I would probably involve an immigrations lawyer, perhaps Marc Ellis to look over your case.

[Squonk]

Thank you for the responses.

Before I ask my question again, I will provide some clarification.

My son came to the US back in 2008 on a K2 Visa.

 

Chronological Sequence of Events

October 2010

1. Apply for CoC after adopting my son 3 months earlier

 

November 2010

1. Apply for my wife's (his mother) 10 yr GC. I did not apply for his 10 yr GC

2. Apply for US Passport for my son

 

December 2010

1. USCIS writes me a letter stating that I did not apply for my son's 10 yr GC and without it he could potentially go out of status and be deported

2. I write the USCIS back explaing that I believe that my son is a US Citizen via the CCA. I provide the repsective documents/information

3. The USCIS writes me back stating that they "don't care" and if my son does not have a 10yr GC he will go out of status and be deported.

4. I apply for my son's 10 yr GC

 

January 2011

1. I receive a letter from the USCIS stating that my son's CoC application has been approved and that I will need to attend an interview at the local field office

2. The DOS informs me that my son's passport has been approved

3. I attend the USCIS interview for my son's CoC. The Interviewing officer and his supervisor deny the CoC stating that I have not met the requirements of the CCA. They tell me that I can appeal their decision. I elect not to appeal their decision because my son already has his US passport.

 

March 2011

1. My son receives his 10 yr GC

 

My question:

Under the assumption, maybe it is false, that my son has to do the fingerprint scan (maybe this is only for non US passport holders), will the Border Patrol officer be confused because my son's file would show that he was issued his 10yr GC 2 months after he was issued his US passport?

[Squonk]

And yes I have not told the entire story.

I received a letter from the USCIS stating that my son's CoC application was approved.

The provided me a list of additional documents to bring to the interview.

These documents were not requested as part of the CoC application.

I showed up early for my son's CoC interview.

Approx 2 hours later the interviewing officer comes out and tells me that he just got the case and that he needs some additional time.

45 minutes later he comes out again and calls me back for the interview.

It was very clear that he was very unhappy.

We go into his office.

There on his desk is file as thick as a phone book.

Before I could sit down, he begins to request for various documents.

Most of them were submitted with the original CoC application and others were never asked for until then.

I show him the USCIS approval letter and tell him that I only brought the documents listed.

He tells me that he does not need any of those documents and he needs what is asking for.

I tell him that I don't have them.

He tells me that he does not have the time to look for them in my son's file.

So he calls his supervisor in.

They discuss the situation and conclude that if I can provide a copy of my son's 10yr GC and show that it has been 2 years since the adoption, they will grant me the CoC.

I tell them that per the CoC instructions only proof of permanent residency (.i.e. 2 yr GC) and that my son was legally adopted were the requirements.

They tell me I am wrong.

The supervior pulls out an immigration law book and shows me some verbiage that supports their position on the 10yr GC. I do not know immigration law so I have no idea if the section they were showing me truly applied to my case.

There was no point in continung the interview.

They were not going to approve the CoC.

I just packed up and left.

As of this date, my son now qualifies under their understanding of the CCA for his CoC, but why bother since he has already been issued a US Passport.

[dnoblett]

Question, Back in 2008 when spouse and step son came to USA on K-1 and K-2 you married and filed to adjust status for both immigrants, Correct? That is filed and I-485 for spouse, and another I-485 for step son. And received a 2 year conditional cared for each, Correct?

 

What I am trying to clarify is step son had Conditional Resident status and had a 2 year green-card?

[Squonk]

Yes

I married his mother 1 month after arriving to the US on a K1.

Both of them adjusted status as required by the USCIS and both recv'd 2 yr GC's in 2009

[dnoblett]

From second post sounds like step son is in status.

 

POE should not be confused by son entering the USA using just a US Passport. At this point the GC should actually be invalid. When my wife naturalized and became a US Citizen she actually turned the green-card back into USCIS when she took the oath of citizenship.

 

Best thing to do to ensure citizenship status with USCIS is to file an N-600 for a certificate.

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[Squonk]

Yes.

I married his mother one month after arriving to the US on a K1.

Per the USCIS requirements, both adjusted status.

Both received their 2 yr GC.

[Squonk]

Oops, sorry about the double post.

 

I just to want have the "warm fuzzies" that my son and his mother will not go into 2ndary after they rtn to the US because the boder patrol officer is confused.

My wife is bringing copies of my son's adoption order as well as his California issued Delayed Registration of Birth.

And of course his US Passport.

[Randy W]

It's amazing how those guys can wake up on the wrong side of bed and screw somebody's life around like that. Thankfully, they didn't do any permanent damage