Relevance of child's age in green card process

[ciao]

Hi,

My wife and daughter are both Japanese citizens, and I'm a US citizen. We live in China, currently, but we are considering moving back to the US during the years when my daughter goes to college. It looks like some things would be easier if my daughter had a green card while she is attending college. For example, it will be easier for her to get a part-time job, tuition might be lower, etc. Maybe there are other benefits, too??

As I understand it, getting a green card for her will be more difficult after she is 18. Is that true? Are there any other age limits that I need to worry about?

She is currently 14. She is my wife's biological daughter, but not my biological daughter. Would it make any difference if I formally/legally adopt her?

thanks

ciao

[Randy W]

She is considered your daughter for immigration purposes since she was under 18 at the time you married. As far as getting her a visa and green card, an adoption would make no difference. Citizenship, on the other hand, would be immediate (if adopted) once she's in the states.

 

If you file a petition for her after she's 21 years old, she would be in a numerically limited preference category. This would require a 5 to 10 year wait.

[dnoblett]

Yes, as Randy indicated, you would file two petitions one for spouse, and another for your step daughter.

 

Having the green-card and residing in the USA may also provide another benefit, resident tuition rates if attending a state college or university rather than international student rates. I know in NY a person is considered a resident after only 6 months in the state.

[ciao]

Thanks very much Randy and Dan.

 

> Citizenship, on the other hand, would be immediate (if adopted) once she's in the states.

 

Let me make sure I understand ... You mean that if she were adopted, and if she had a green card, then she could immediately apply for citizenship (without any waiting). Is that correct?

 

> If you file a petition for her after she's 21 years old, she would be in a numerically limited preference category.

 

So it sounds like the crucial age limit for *filing* is 21, not 18.

(I see that Randy has personal experience of this).

The age limit of 18 just refers to her age when we were married. Right?

And there are no other relevant age-related gotchas ??

 

Very good news. Thanks very much.

[Randy W]

Thanks very much Randy and Dan.

 

> Citizenship, on the other hand, would be immediate (if adopted) once she's in the states.

 

Let me make sure I understand ... You mean that if she were adopted, and if she had a green card, then she could immediately apply for citizenship (without any waiting). Is that correct?

 

> If you file a petition for her after she's 21 years old, she would be in a numerically limited preference category.

 

So it sounds like the crucial age limit for *filing* is 21, not 18.

(I see that Randy has personal experience of this).

The age limit of 18 just refers to her age when we were married. Right?

And there are no other relevant age-related gotchas ??

 

Very good news. Thanks very much.

 

 

If she were adopted, she would still require the visa to enter the U.S. before she could claim her citizenship. I believe the age limit there (for automatic citizenship) is 16 at the time of adoption and that you must have lived with her for 2 years.

 

But yes, everything else is correct.

[dnoblett]

Thanks very much Randy and Dan.

 

> Citizenship, on the other hand, would be immediate (if adopted) once she's in the states.

 

Let me make sure I understand ... You mean that if she were adopted, and if she had a green card, then she could immediately apply for citizenship (without any waiting). Is that correct?

Citizenship is automatic upon arrival, note there is an immigration fee to pay for the green-card, I beleive you could simply not pay the fee, the passport with visa stamp acts as a temporary green-card, and simply file an N-600 for a citizenship certificate.

 

REF: http://candleforlove.com/forums/topic/45609-filing-i-130-for-my-wife-and-2-month-old-baby/?p=599397

 

> If you file a petition for her after she's 21 years old, she would be in a numerically limited preference category.

 

So it sounds like the crucial age limit for *filing* is 21, not 18.

(I see that Randy has personal experience of this).

The age limit of 18 just refers to her age when we were married. Right?

And there are no other relevant age-related gotchas ??

 

Very good news. Thanks very much.

Correct, step child relationship needed to be established prior to age 18 to be considered child of a US Citizen for immigrations.

Similar topic: http://candleforlove.com/forums/topic/45687-what-goes-with-i-130-for-adult-child-looked-and-looked/

[Randy W]

 

Citizenship is automatic upon arrival, note there is an immigration fee to pay for the green-card, I beleive you could simply not pay the fee, the passport with visa stamp acts as a temporary green-card, and simply file an N-600 for a citizenship certificate.

 

REF: http://candleforlove.com/forums/topic/45609-filing-i-130-for-my-wife-and-2-month-old-baby/?p=599397

 

 

 

 

Do you know that they are awarded legal permanent residency without having paid the fee? Of course, they can always pay the fee AFTER arrival, but be careful about what you're advising unless you know this can be done.

 

If only legal presence is required for citizenship, then that's a moot point.

[dnoblett]

 

Citizenship is automatic upon arrival, note there is an immigration fee to pay for the green-card, I beleive you could simply not pay the fee, the passport with visa stamp acts as a temporary green-card, and simply file an N-600 for a citizenship certificate.

 

REF: http://candleforlove.com/forums/topic/45609-filing-i-130-for-my-wife-and-2-month-old-baby/?p=599397

 

Do you know that they are awarded legal permanent residency without having paid the fee? Of course, they can always pay the fee AFTER arrival, but be careful about what you're advising unless you know this can be done.

 

If only legal presence is required for citizenship, then that's a moot point.

 

True, Not sure if presence is awarded just by the I-551 notation on visa and entry stamp.

[Beachey]

One other advantage is Green Card holders are elgible for federal financial aid the same as a US citizen.

[ciao]

So, if I understand correctly, the following is one possible scenario:

(1) I adopt her before her 16th birthday

(2) She goes to college in the US, on a student visa, at age 18

(3) At age 19 (say), she decides she wants to stay in the US permanently

(4) She can then apply for (and get) US citizenship by virtue of my US citizenship

 

What if I never return to live permanently in the US?

Does that make a difference?

 

Thanks again for all the great help.

[ciao]

Thanks for the tips about avoiding immigration fees. But those are a drop in the bucket compared to college tuition costs, so I'm not too worried about them.

[dnoblett]

So, if I understand correctly, the following is one possible scenario:

(1) I adopt her before her 16th birthday

(2) She goes to college in the US, on a student visa, at age 18

(3) At age 19 (say), she decides she wants to stay in the US permanently

(4) She can then apply for (and get) US citizenship by virtue of my US citizenship

 

What if I never return to live permanently in the US?

Does that make a difference?

 

Thanks again for all the great help.

 

I do not think it would work that way, according to USCIS, the child would have had to be admitted to the USA on an immigrant visa one that allows permanent residence in order to qualify for automatic citizenship. A student visa is a non-immigrant visa and does not allow permanent residence.

 

 

 

A Child Born Outside the U.S. is a Citizen after Birth IF… The child was under 18 or not yet born on February 27, 2001 and At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

 

What that means is you the US Citizen would have to had moved to the USA and have physical custody of step child, and the step child had came to the USA on an IR-2 immigrant visa allowing permanent residence (Green-card), and is under age 18.

 

So it would be,

1. Adopt prior to age 16
2. Apply for immigrant visas for your family, Spouse and Step child.
3. Immigrate
4. Then step child has the option to automatically become a US Citizen, if they so choose prior to age 18, after that and it would be the reside in USA on a green card for at least 5 years and then apply for citizenship as an adult, going through the standard citizenship interview, test, and oath ceremony.
5. Step child can remain in the USA as a green-card holder indefinitely or as a citizen, however as a green-card holder, will loose that status if they leave the USA for a lengthy period, and in order to return to the USA permanently would have to go through the immigrant visa process all over again.

[dnoblett]

One more point, Japan like China does not allow "dual citizenship" so if for some reason child wishes to maintain Japanese citizenship, then residing in the USA on a green-card may be desirable, for the benefits of lower tuition, and student loans.

 

You can always adopt, and opt for citizenship either before age 18 by filing N-600, or later after 5 years of residence as an adult after age 18 by filing the N-400

 

http://en.wikipedia.org/wiki/Japanese_nationality_law