Possibility of citizenship through step-parent?

[eau_xplain]

I agree with bertgolz.

When I married my husband, he became my son's stepfather. By virture of this relationship, my husband was able to file the I-130 and I-485 for my son. But for my son to become a USC, he has to:

a) be adopted by my husband before he turns 18; or
b) I become a USC before he turns 18; or
c) he files the N400 after he turns 18 and meets 5 yrs of being an LPR

edited to add: My son is currently a green card holder so option (b) is a possibility for him.

 

[Jackolantern]

But for my son to become a USC, he has to:

a) be adopted by my husband before he turns 18;

I've read that the adoption must happen before age 16, in order for citizenship to be derived from the adoptive parent.

 

[harvydonald]

This is BS, sorry. Step-father is just mother's spouse and nothing more than that. When step-father adopts his stepchild he becomes "father" without any "step-"

Now that I think about it....you are right

 

[eau_xplain]

I've read that the adoption must happen before age 16, in order for citizenship to be derived from the adoptive parent.

This is what the USCIS website says:

Does my child qualify for automatic citizenship under the CCA?

Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

* At least one 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.

Perhaps there is some other provision stating the 16y.o. cut off that I haven't seen?

 

[Jackolantern]

Perhaps there is some other provision stating the 16y.o. cut off that I haven't seen?

The age-16 limitation is mentioned here:
http://www.uscis.gov/portal/site/us...toid=5f6596981298d010VgnVCM10000048f3d6a1RCRD

However, upon a closer look it seems to apply to cases where the adoption + immigration is being done at the same time (i.e. the child is being allowed into the US because of the adoption) ... they won't let the adopted child immigrate after their 16th birthday unless they meet the sibling exception. So the age-16 limit probably does not apply to cases where the child is already in the US as a permanent resident.

 

[eau_xplain]

Thanks for the link. It does sound like this particular cut-off applies to an adoption+immigration that's done concurrently. But it's always good to look at all possible provisions that could apply to one's particular situation.

 

[Linis]

Wow, lots of discussion while I've been offline!

To answer all your questions pertaining to my situation:

1.) No, it seems I wasn't adopted by my step-father. I asked, and he confirmed this. I believe the idea came up when I was 6 - hence why I wasn't aware of whether or not it actually happened - but it wasn't carried through.

2.) My parents - mother and step-father - are still together.

3.) I am now 25. Way past minority, and any chance of adoption now.

I asked my local US consulate, and they basically confirmed that I am not eligible for USC. Though I was a minor at the time of immigration, and I was granted residency, I was not legally adopted by my USC step-father, and therefore, was not granted citizenship automatically.

I've been really caught up with offline business, but I will call them to discuss this further. However, that generally appears to be the basic answer.

Hope that helps some, and I thank you all for your help as well!