Her Husband is a US Citizen by Birth not a LPR
I think you misunderstood my response....so please let me clarify. I did stated that your friend's son is the one that is the LPR and not her husband.
Please take a look at this information. It should shed more light on his ability to adopt the boy and then the boy to become a US citizen.
As for your friend, since she is married to him already, she should be able to start the naturalization process and get her US citizenship. I think both things can go on simulataneously (meaning her naturalization and her son's adoption).
Requirements
The following are the Act's requirements:
1. At least one parent of the child is a U.S. citizen, either by birth or
naturalization.
2. The child is under the age of 18.
3. The child must be residing in the United States in the legal and physical
custody of the U.S. citizen parent after having been lawfully admitted into
this country as an immigrant for lawful permanent residence.
4. If the child has been adopted, the adoption must be final.
Frequently-Asked Questions
1. Q: Does the Act apply to foreign-born children who have immigrated to the
United States in order to be adopted as well as to those who have been
adopted abroad?
A: Yes. Children who have immigrated to the United States in order to be
adopted become citizens as soon as the adoption decree is final.
2. Q: Does it matter in which order the requirements are met?
A: No. The order does not matter. Citizenship is acquired automatically as
soon as all of the requirements have been met.
3. Q: Will a child who has met the requirements of this new law need to apply
for a passport from the State Department or a Certificate of Citizenship
from the Immigration and Naturalization Service (INS) in order to
become a citizen?
A: No. As soon as the law's requirements have been met, the child
acquires U.S. citizenship automatically without the need to apply for
either a passport or a Certificate of Citizenship.
4. Q: What documents are required to obtain a passport for a child who
became a U.S. citizen under the Act?
A: (1) Evidence of the child's relationship to a U.S. citizen parent (a
certified copy of the foreign birth certificate for children born to an
American or, if adopted, a certified copy of the final adoption
decree);
(2) the child's foreign passport with INS's I-551 stamp or the child's
resident alien card; and (3) the parent's valid identification.
5. Q: How does someone prove admission into the United States as an
immigrant for lawful permanent residence?
A: Either the child's permanent resident alien card, commonly known as a
"green card," or an I-551 stamp placed in the child's passport by INS.
6. Q: How does a child demonstrate adoption in order to obtain a passport
and/or Certificate of Citizenship?
A: By presenting a certified copy of a final adoption decree.
7. Q: Are the Act's provisions retroactive in applicability?
A: No. Individuals who are 18 years of age or older on February 27, 2001,
will not be able to take advantage of the Act.
8. Q: What is the effective date of U.S. citizenship for children who met all
the requirements of the new law prior to February 27, 2001?
A: February 27, 2001. Even though the requirements were met before the
Act's effective date, citizenship is only acquired on that date.
9. Q: Will U.S. Embassies and Consulates issue reports of birth to children
acquiring citizenship pursuant to this Act?
A: No. Reports of birth are issued only to children who acquire citizenship
at birth.
The Act's Other Provisions
Another section of this new law provides that children (biological and adopted) of U.S. citizens who are born and reside abroad (that is, they do not enter the U.S. as permanent residents) and who don’t become U.S. citizens at birth can apply to INS for a certificate of citizenship if the following conditions are met:
1. At least one parent of the child is a U.S. citizen, whether by birth or
naturalization.
2. The U.S. citizen parent has been physically present in the U.S. for a total
of at least five years, at least two of which are were after the age of 14.
If the child's U.S. citizen parent cannot meet this requirement, it is enough
if one of the child's U.S. citizen grandparents can meet it.
3. The child is under the age of eighteen.
4. The child resides abroad in the legal and physical custody of the U.S.
citizen parent and has been lawfully admitted into the United States as a
nonimmigrant.
Children who acquire citizenship under this new provision do not acquire citizenship automatically; rather, they must/must apply to INS for a certificate of citizenship and go through the naturalization process.
