Discussion in 'US Citizenship' started by 1Dt88, Jun 19, 2009.
You won't get citizenship from being adopted, because you are over 16. But you can get a green card if your USC stepfather applies for you.
Here are some info for the child citizen act, which I believe you are refering to. Make sure you get legal advise on this and from more than one lawyer. Also I suggest you have your stepdad contact USCIS through Infopass.
The Child Citizenship Act, which became effective on February 27, 2001,amended the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children-including adopted children-of U.S. citizens. Specifically, these children include:
Orphans with a full and final adoption abroad or adoption finalized in the U.S.,
Biological or legitimated children,
Certain children born out of wedlock to a mother who naturalizes, and
Adopted children meeting the two-year custody requirement.
This legislation represents a significant and important change in the nationality laws of the United States. The changes made by the CCA authorize the automatic acquisition of citizenship and permanently protect the adopted children of U.S. citizens from deportation.
In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.
Frequently Asked Questions about the CCA
1) Does my child qualify for automatic citizenship under the CCA?
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
2) Do I have to apply to USCIS for my child's citizenship?
No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.
3) What documentation can I get of my child's citizenship?
If your child permanently resides in the U.S, you can obtain evidence of your child’s citizenship by applying for a Certificate of Citizenship. You will need to file form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. passport from the Department of State.
If your child permanently resides abroad, your child does not qualify for automatic citizenship under the CCA. However, you can apply for citizenship for your child by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322). You can submit this form to any USCIS District Office or Sub-Office in the United States.
4) Will USCIS automatically provide me with documentation of my child's citizenship?
At the present time, USCIS is not able to automatically provide most parents with documentation of their foreign-born child’s citizenship. However, USCIS has implemented a streamlined process for newly entering IR-3 children and their families that will ensure they receive a Certificate of Citizenship within 45 days of entering the United States. Additionally, USCIS has implemented procedures to expedite processing of pending N-643 cases. If you previously filed an N-643 application and have not received your child’s Certificate of Citizenship please contact the National Customer Service Center at 1-800-375-5283. Please have the following information when you call: your child’s A-number and the location and date you filed the application.
5) What forms do I file and what are the fees?
If your child permanently resides in the U.S., you can apply for evidence of citizenship by filing form N-600 (Application for Certificate of Citizenship). If you are filing on behalf of an adopted minor child, the fee is $420 (all other applicants must pay $460).
If your child permanently resides abroad, you can apply for citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322). If you are filing on behalf of an adopted minor child, the fee is $420 (all other applicants must pay $460).
6) Where should I file the forms?
If your child permanently resides in the U.S., you can file form N-600 (Application for Certificate of Citizenship) at the USCIS District Office or Sub-Office that that holds jurisdiction over your permanent residence.
If your child permanently resides abroad, you can apply for citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322) at any USCIS District Office or Sub-Office in the United States. You and your child will need to travel to the United States to complete the application process
7) Is automatic citizenship provided for those who are 18 years of age or older?
No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.
8) Will USCIS publish regulations on the CCA procedures?
The USCIS published interim regulations specific to the CCA in the Federal Register on June 13, 2001. The USCIS is reviewing comments received from individuals and organizations and is in the process of drafting the final regulation.
9) What resources are available to answer questions about the Child Citizenship Act?
For more information about the CCA application procedures and forms, you may contact our National Customer Service Center at 1-800-375-5283. USCIS has also made available field guidance and public materials to all information officers and other front line staff to aid them in answering questions.
I don't know what that US immigration center is. I hope they don't scam you. I am not sure what the $350 would guarantee you. What type of visa do you have and was that the way you got your alien number? I think alien numbers are only given for people who apply for certain types of visas or for a green card.
I think we had a discussion some time back about step fathers. You should probably try to look for it. I don't remember the details, but I think there was a cutoff of 16 years of age for something. You should either wait until someone comes with the answer or look it up yourself on this board or on the Internet. I don't think the derived citizenship through your step father is going to be easy. I don't know how long it takes to be legally adopted. If you have a choice of getting a green card I would recommend you to do it. You cannot derive citizenship without it, even if your step father adopts you, as far as I know. Bottom line. At this time if I were you I would focus on obtaining a Green Card.
Adoption is necessary for the automatic derived citizenship, but not for the stepfather to sponsor you for a green card. The stepfather can sponsor you if the marriage that created the stepparent relationship occurred before your 18th birthday.
So, I guess it would still be better to do Green Card and perhaps adoption concurrently. If the green card and the adoption come through before 1Dt88 turns 18 he might become a citizen through the child citizenship act of 2000, otherwise he will have to apply for citizenship 5 years from getting the green card. One way or another the Green Card gets you the social security number you need. If you manage to get citizenship too, that would be the icing on the cake. Make sure that whomever is helping you with the Green Card application know what they are doing. The price you mention seem close to the fee for I-130, but I guess you still need to spend money for adjustment of status. Anyway, I am not familiar with family immigration
You are considered to be a child of your step-dad because he married your mom before you turned 18. As such your step-dad needs to submit an I-130 and an I-485 on your behalf. These applications are used to apply for your green card. While they are considering your green card application you can obtain a work permit and a social security number. The fee for this is pretty high--slight more than $1,000. This is the fee paid to the government. You may also have to pay your attorney.
Without a green card, you cannot derive citizenship. If you get your green card before you turn 18 then you can immediately derive citizenship from your step dad. If you cannot get your green card before you turn 18, then you will have to hold your green card for five years and then apply for citizenship.
No. The rules are different for adoptive children. The adoption has to occur before age 16.
That's what I thought (the 16 year adoption rule), in that case the best the original poster can hope for is to get the Green Card and apply for naturalization after 5 years, is that right? If that's the case try to stay out of trouble with the law after you turn 18, there are plenty of cases of young individuals raised in the US that are striped of their Green Cards and deported for drug and other types of deportable crimes. Even if it is not a deportable crime it would probably cause you trouble during naturalization.
By the way, I'd swear someone deleted my first post to this thread Perhaps I never clicked on the post button
First of all, federal immigration law is same across the country. New York does not have a separate age. Second, the age cut-off is 18. But you cannot derive citizenship unless you have a green card first. So your goal is get your green card as soon as possible.
Your step father needs to submit an I-130 and you need to submit an I-485 AND an I-765. The application fee all the forms put together is over $1,000 as I have stated in my previous post. When you submit your papers, you should get a temporary work permit in about 90 days.
He would not be adopted (he cannot b/c he is older than 16 and also he does not have to be adopted for immigration purposes). The immigration law treats him as the child of his step dad b/c the step dad married his biological mom before he turned 18.
There is no adoption here within the meaning of the INA. His step dad may adopt him under state law for inheritance etc. But he is already the child of his step dad (immediate relative of a citizen) under the immigration laws.
For the purpose of obtaining a green card, but not for the purpose of deriving citizenship.
http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2005/JAN312005_33E2309.pdf
No, as I read it you're eligible for a Green Card, and five years later you'd get citizenship.
I hope you are planning on getting qualified legal advise!
No. He would have had to adopt you before 16. Read my previous message in this thread.
Thank you for the correction.
No, you cannot get citizenship and then a green card. If you are a citizen you don't need a green card. Most roads to citizenship require a green card, including the child citizenship act of 2000. Your immediate goal should be to get your stepfather to apply for your green card with I-130 and I-485. Perhaps your mother didn't have a way of obtaining a Green Card before. Don't be hard on her, immigration law in the US is very complicated and it is not as easy to qualify for a Green Card as you might think. I assume your mother has not had a Green Card before, as you seem to imply she is also applying for a green card, so I don't know how she could have taken care of your immigration if she couldn't take care of her immigration first.
I tend to agree with the real canadian and jackolantern that the path to citizenship is going to be apply for green card now and then apply for naturalization after 5 years of being a permanent resident. It looks like the automatic citizenship is not going to happen. However, as someone has pointed out look for qualified advice too.
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