Child Citizenship Act of 2000, Question ??

W

wireless1

Registered Users (C)
"The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence. "

The above quote is from Child Citizenship Act of 2000.

My question is if the child enter the country lawfully but on a NON-Immigrant visa as B1/B2 then change to H4 then Green Card and still under 18 yrs of age. Can he get the passport without applying for N600 certification. If not
will their be any problem in getting citizenship thru N600.

Whats the difference between entring the country as immigrant or non-immigrant and then changing the status to immigrant (GC).

Thanks.
 
wireless1 said:
"
My question is if the child enter the country lawfully but on a NON-Immigrant visa as B1/B2 then change to H4 then Green Card and still under 18 yrs of age. Can he get the passport without applying for N600 certification. If not
will their be any problem in getting citizenship thru N600.

Whats the difference between entring the country as immigrant or non-immigrant and then changing the status to immigrant (GC).

Thanks.
Click to expand...

wireless1,

I'm assuming the child is claiming citizenship through the naturalization of a parent. Is that correct?

In reply to you question, it is not necessary to obtain a Certificate of Citizenship first, in order to apply for a US passport. When applying for a passport, a Certificate of Citizenship can be submitted (if the child has one), otherwise you can submit the parent(s) naturalization certificate, child's foreign birth certificate, and proof child's entry as a legal resident.

For more info on the Child Citizenship Act, here is another USCIS webpage:

http://uscis.gov/graphics/services/natz/CCA_Update.htm
 
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Mandazi said:
For the child citizenship Act to kick in, one parent must be a US citizen. That means that a parent and child can enter the US under any status, but on the day at least one parent becomes a US citizen, the Child Citizenship Act kicks in. Only then, can the child apply for the N-600.
Click to expand...

The child has to meet all of the requirements listed on the fact sheet, including being a LPR. The child cannot be here illegally.
 
Yes both parents are naturalized citizens.
Child Enter legally on visit visa and convert to Green Card and now LPR under
18 yrs.

I think their is a difference in entring as an immigrant (LPR) and entring as a
non-immigrant and then converting to immigrant (LPR) for the child Act.
Thats how I read it. I might be wrong.

The former you can get passport without N600.
Later you need to apply N600 first and then get a passport??????
 
Yes you are wrong. It doesnt matter how they entered as long as they are now LPR and are kids, and parents are USCs-one or both.

In all cases, an N-600 is very important. You may not have to get it, but its advised.
 
Under CCA, your 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,
If the child is adopted, a full and final adoption of the child, and
The child is admitted to the United States as an immigrant

The last Sentence bother me "The child is admitted to the United States as an immigrant ". they never says about non-immigrant. I think for non-immigrant their is a different flavor of the law.

To me it dosent make sense, once you are LPR and <18 it should be OK.
 
wireless1,

Even if the child was formerly a non-immigrant, once he/she obtained the green card, the child became a LPR. (therefore fulfilling the requirement of being 'admitted to the United States as an immigrant'.)

As per the USCIS website, there is no requirement for a child of a citizen to ever file for the N-600, as the child is by United States law automatically a citizen. BUT, it is advisable to obtain one anyway as proof of citizenship.

A United States passport is also proof of citizenship, as only a citizen can apply for one. Also, a passport is less expensive, and takes far less time to obtain.
 
I have the same problem... :(

I also came to U.S. on visitor visa, but then got adopted here in the U.S. at age 17 by U.S. citizen. Is there any chance for me to get permanent resident or citizenship? Does this CCA apply to me? It sounds like the child has to come to U.S. as immigrant, rather than non-immigrant. I have been told that there is no way out. I have been in this country for eight years now. Any help or advise is greatly appreciated.
Thank you.
 
The thread which came from the dead. In general I think it's better to open a new thread than to post in such an old thread. Did your adoptive parent apply for a Green card for you? For me the interpretation of the Child Citizenship Act it is that you become a citizen the moment all the conditions are met, i.e. under 18, physical custody of U.S. citizen, and be a permanent resident. It seems that your parent should have applied for your Green Card when you were adopted. Perhaps now it is too late, it might depend on your age. I am not too sure about adoption immigration, perhaps the family based immigration is a better place to start. It would look like it is too late for you to benefit from the child citizenship act for which you need to have a Green Card before you turn 18.
 
How you came to the US is irrelevant, so long as you are now a LPR, under 18, living in the custody of one or more USC parents.
 
dolly57, CCA doesn't apply to you because you were adopted after you turned 16 years old.
A child adopted after the age of 16 doesn't meet definition of the "child" under INA
 
But if Child is adopted after 16 dosent he should be able to get a GC and US passport.
Check with a lawyer its hard for me to believe you that you are eneligible for US citizenship... or even GC..if your adoption is done legally.
 
wireless1, if the child is adopted after 16, no immigration benefit can be conferred by such an adoption. Neither immigration (Green Card), nor citizenship.

Check out 101(b)(1) of INA if you have doubts....
 
Wow, yes, I am not familiar with the adoption route. I didn't know they had this cutoff of 16 years for adoptions. I haven't checked 101(b)(1) but I am sure what you say is right.
 
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