Adopted, now confused which forms to file, n400 vs n600

K

KellyC

New Member
Hello,

I came to the US in 97 when I was 15 with a tourist visa, and I was adopted by my aunt who was already a citizen at the time. The adoption decree was finalized by the court just a few days (9 days) before my 16th bday in March of 1998. I didn't get my green card until 2001, and has been in that status ever since. I want to apply for a citizenship, but I am confused of which forms I should use. At the time of the adoption, our paralegal who helped us through the process just told my aunt that I wasn't eligible to get the citizenship, but we did not know why. Anyone know or has come across this kind of case before? Thank you in advance for your input.
 
If you got your green card in 2001, you were over 18 years old. Therefore you are not eligible to file N-600. You can only file N-400.
 
Before the Child Citizenship Act took effect in Feb 2001, parents had to explicitly apply for their adoptive children's citizenship before age 18, in addition to the adoption being finalized before age 16.

They didn't apply, so you didn't derive US citizenship, and now you have to file N-400 if you want to become a US citizen.

If you were a couple years younger, and therefore still under 18 when the Child Citizenship Act took effect in 2001, and if your green card was approved before age 18, you would have automatically derived citizenship under the new rules without your parents having to apply for your citizenship.
 
Jackolantern said:
Before the Child Citizenship Act took effect in Feb 2001, parents had to explicitly apply for their adoptive children's citizenship before age 18, in addition to the adoption being finalized before age 16.

They didn't apply, so you didn't derive US citizenship, and now you have to file N-400 if you want to become a US citizen.

If you were a couple years younger, and therefore still under 18 when the Child Citizenship Act took effect in 2001, and if your green card was approved before age 18, you would have automatically derived citizenship under the new rules without your parents having to apply for your citizenship.
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Thanks for your answer. However, I just found out on my gc, the category is IR7, does this mean anything in regards to the citizenship?
 
KellyC said:
Thanks for your answer. However, I just found out on my gc, the category is IR7, does this mean anything in regards to the citizenship?
Click to expand...

No, in your case it does not. Under both the Child Citizenship Act and under the previous law, it is and was an absolute requirement for the child/adopted child to receive a GC before turning 18 years old in order to derive citizenship. If you became an LPR after turning 18, then nothing else matters: you are not a U.S. citizen and you are not eligible to file N-600.

However, you should double check when exactly you became an LPR. For people who became GC holder via adjustment of status (rather than by receiving an immigrant visa abroad), the date of becoming an LPR is the date of approval of the I-485 application for adjustment of status. Sometimes, due to bureaucratic delays, there is a significant delay between the date I-485 is approved and the date a physical green card arrives by mail.

So you should check what is written as the "resident since" date on your green card -- that's the date when I-485 was approved and when you became an LPR. If the "resident since" date on your GC is later than the date of your 18th birthday, then nothing else matters, and you are not eligible for N-600.
 
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