Aquiring US citizenship

[miss trini 0]

Hello Everyone

can you tell me if a child born in the year 1984 who lived in the usa as a minor child in the care of his maternal mother and his us citizen step father

his step father applied for him to have a green card which he did get after the age of 18 years but his step father did apply to have his status adjusted before he turned 18 years would he still have aquired us citizenship automatically

because of uscis losing his file it took years before he became a LPR they had his application before he turned 18 years

seeing that his step father was a us citizen before he turned 18 years and had already applied to have the child's status adjusted and his maternal mother became a us citizen after he turned 18 years but before he turned 21 years and was unmarried he lived in the care of both his step father and maternal mother before turning 18 years and after turning 21 both parents are us citizens

did he Aquire US citizenship through his parents ???????

thank you for your response

[aaron2020 11,651]

No, he is not a US citizen.

One of the required of the Child Citizenship Act is that the child must have LPR status before the age of 18 to derive US citizenship.

Here are 3 reasons why your child in the scenario outlined is not a US citizen.

1. He was not an LPR before age 18. So, he does not meet the requirements of the CCA.

2. A stepparent does not count for the CCA. So, he cannot gain US citizenship through a stepparent under the CCA.

3. He had an eligible parent when his mom gained US citizenship, but he was already over 18. So, he cannot gain US citizenship through his mother under the CCA.

After 5 years of being an LPR, he can file on his own for naturalization.