HELP! ADOPTION N-600 or I-485? URGENT

[cola1]

We need help...My friend just adopted her Granddaughter in July 2011. They are Naturalized US Citizens (for 2 years) from Canada and the child is from Canada also. The child was living with them in the US for the last three years. The USCIS gave the child a humanitarian visa in July 2010 valid until the end of July 2011 so they have time to adopt her. Before that she was officially "illegal". Now she is getting conflicting information from the USCIS. The local USCIS office says she has to apply for the Greencard process first (I130 and I485 and after 2 years she can apply for her adopted daughters citizenship. The USCIS 800# officer told her she can apply with the N-600 for her granddaughters citizenship right away.


Anybody can help us here?
Thanks everybody!!!

 

[BigJoe5]

We need help...My friend just adopted her Granddaughter in July 2011. They are Naturalized US Citizens (for 2 years) from Canada and the child is from Canada also. The child was living with them in the US for the last three years. The USCIS gave the child a humanitarian visa in July 2010 valid until the end of July 2011 so they have time to adopt her. Before that she was officially "illegal". Now she is getting conflicting information from the USCIS. The local USCIS office says she has to apply for the Greencard process first (I130 and I485 and after 2 years she can apply for her adopted daughters citizenship. The USCIS 800# officer told her she can apply with the N-600 for her granddaughters citizenship right away.

Anybody can help us here?
Thanks everybody!!!

The adoption has to meet the requirements of INA 101(b)(1)(E) then she must adjust status for a greencard (I-485) and will simultaneously automatically acquire USC under INA 320 upon approval of the I-485.

101(b)(1)(E) requires not only a completed legal adoption but also the child must have been in the legal and physical custody of the adoptive USC parent for 2 years in order to get the immigrant status. Citizenship is bestowed on the adopted child only AFTER she gets the immigrant status first. This is to prevent folks from bringing kids in illegally whether adopted or not. The child was paroled and that type of parole is sufficient to qualify for filing for adjustment. It is possible and legal for someone to get custody (like guardianship) before the adoption is finalized so just check the math on that issue and when the two years have been completed (and not even one day short), they can file a concurrent I-130 and I-485. Immediately upon approval of the greencard status, they can file the N-600. They do not have to wait for the actual greencard to arrive in the mail in order to file the N-600 because the proof of that status will already be in the A-file as evidenced by the approved I-485. The actual physical greencard along with all the adoption and custody evidence would be required for a passport application. The passport agency could (and probably would) refuse to adjudicate this type of case which they actually have no legal right to adjudicate in the first place. The passport would be much easier to get with the certificate of citizenship instead.

 

[Jackolantern]

The USCIS 800# officer told her she can apply with the N-600 for her granddaughters citizenship right away.

Never rely on the answers you get from the people on the USCIS phones. I bet you'll get a different answer if you call tomorrow. They are inconsistent and unreliable.

The adopted child must get a green card before being able to derive US citizenship.


Anybody can help us here?
Thanks everybody!!![/QUOTE]