Does the Child Citizenship Act apply to me?

[Fimstere]

Okay here's the back story: My father is married to a US citizen. She has applied for green cards for both my father and myself. I count as a close relative because I am under the age of 18 and was under the age of 18 when they got married. Therefore, I am her stepchild. The last forms we dealt with in this process is the one where you have to establish contact with the NVC and you put where you want to receive the mail, etc.

Knowing the back story, please help me with this:
-We recently received a letter from the NVC regarding my case. It said that I "may qualify for a benefit under the Child Citizenship Act of 2000."
It then listed the criteria required:
"1. One parent is a U.S. citizen by birth or through naturalization;
2. The child is under the age of 18; and
3. The child is residing in the United States as a lawful permanent resident alien and is in the legal and physical custody of the U.S. citizen parent. "

It then goes on to say that only if those requirements are met, can one become an automatic citizen.
BUT, it then says in bolded and italicized words:
"In order to meet these requirements, the child indentified in this case would need to complete his or her immigrant visa processing and enter the U.S. on that immigrant visa, accompanied by the U.S. citizen parent, prior to the child's 18th birthday.
---------------------------

So this bolded statement is definitely referring to my situation, because we don't live in the country.
So, finally, the big question:
Is it that simple? If I get a Green Card before age 18 and enter the U.S., I will become an instant citizen? Or does the US citizen parent have to be an adoptee of me? Perhaps the NVC made a mistake by thinking I could be eligible for this benefit. We never sent any adoption papers (I haven't been adopted by her).
Every answer is greatly appreciated and I hope somebody can help me.

 

[baikal3]

Okay here's the back story: My father is married to a US citizen. She has applied for green cards for both my father and myself. I count as a close relative because I am under the age of 18 and was under the age of 18 when they got married. Therefore, I am her stepchild.

The Child Citizenship Act does not apply to step-children, but only to biological and legally adopted children.
Thus you cannot derive U.S. citizenship through your step-mother. [Depending on your current age, it may be possible for your step-mother to legally adopt you and have the adoption process completed before your 18th birthday. However, as I remember, there are some significant time/age limitations associated with this option]

If your father becomes a naturalized U.S. citizen before you turn 18, you may (assuming the other requirement of the CCA are met) derive citizenship through him.

So, finally, the big question:
Is it that simple? If I get a Green Card before age 18 and enter the U.S., I will become an instant citizen?

It is not quite that simple, even if you get a green card and your father becomes a U.S.C. before you turn 18.
To derive citizenship under the CCA you'd have to enter the U.S. on an immigrant visa (or adjust status to that of a permanent resident while in the U.S.) and come to reside in the U.S. with your U.S. citizen parent.
So if, for example, your U.S.C. parent resides abroad at the time, or if you come to the U.S. to live with somebody other than your U.S.C. parent, or if you come for a short visit rather than to actually assume residence with your U.S.C. parent, you would not derive citizenship in that case.

 

[Fimstere]

So now I just need to know what the age limitation is for the adoption. On some sites I'm seeing before 18and on some I'm seeing before 16.

 

[baikal3]

So now I just need to know what the age limitation is for the adoption. On some sites I'm seeing before 18and on some I'm seeing before 16.

I am not very familiar with the issue of adoption in the context of CCA, but my impression, based on the text of the law, is that you'd need to be under 16 years of age by the time the adoption becomes final in order to qualify for citizenship under CCA.

The text of the CCA
http://www.uscis.gov/ilink/docView/PUBLAW/HTML/PUBLAW/0-0-0-23122.html
says the following regarding adopted children who qualify under CCA: "a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).”

Section 101(b)(1) of INA contains the legal definition of the term "child" for immigration and naturalization purposes:
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html

There are two subsections of INA 101(b)(1) that deal with adoptees:

Subsection 101(b)(1)(F) concerns children who are adopted directly from foreign orphanages - that definitely does not apply to you.

Subsection 101(b)(1)(E) deals with all the other adoption cases and, in particular, for regular adoption cases it reads:
"(E) (i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years"
So my impression is that in your case you'd need to be under 16 before the adoption becomes final, AND, you'd need to have resided for at least 2 years with the adoptive U.S.C. parent for at least two years.

Perhaps other forum members, more familiar with the adoption issue, can comment here.

Here is a sample relevant earlier thread:
http://forums.immigration.com/showt...-the-USA-16-and-17-yrs-old&highlight=adoption

 

[Fimstere]

Thanks a lot, I'm 17 now so it looks like the CCA doesn't apply to me according to INA 101(b)(1). But eitther way, I'll bring the letter to the interview and confirm if they made a mistake/if it's a standard thing they send out to under 18yo "children" of US citizens.
Thanks for answering my question.

 

[Jackolantern]

It's just a standard message the computer prints out, without detailed analysis of your specific situation. Note that it said you "may" qualify, not that you "do" qualify.

For adoptive children normally the age cutoff for the adoption is 16, however there is a sibling exception where a 16- or 17-year old may qualify if their under-16 sibling is also adopted by the same citizen.