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Can my 16 year old stepchild get citizenship?

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Filed: Country: Vietnam (no flag)
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I originally petitioned for my wife as a K-1 and she has been a US citizen for 1.5 years. I have been a citizen for 15 years.

 

I petitioned for her son as IR-2 (stepchild) before my wife became a citizen, he is now 16 years old and recently arrived in the US.

 

Could he get citizenship through my wife or myself? I tried to read through the Guide to Naturalization but got thoroughly confused.

 

Thanks.

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if I read this correctly.

biological mother of child is usc

child came to us as ir2 (has green card)

child is less than 18 years old

biological mother has physical custody of child

congratulations your child is a usc already. please fill out the appropriate paperwork to get certificate of citizenship.

Edited by f f
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Country: Mexico
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Did the child enter the US before his mom took the oath of citizenship?

If he did, the child has been a US citizen since the day his mother took the oath of citizenship. All you have to do is apply for a Certificate of Citizenship to get him a US passport.

Edited by CatFlow
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Filed: Citizen (apr) Country: Canada
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8 minutes ago, f f said:

if I read this correctly.

biological mother of child is usc

child came to us as ir2 (has green card)

child is less than 18 years old

biological mother has physical custody of child

congratulations your child is a usc already. please fill out the appropriate paperwork to get certificate of citizenship.

Or just get the passport

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Filed: Country: Vietnam (no flag)
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47 minutes ago, CatFlow said:

Did the child enter the US before his mom took the oath of citizenship?

If he did, the child has been a US citizen since the day his mother took the oath of citizenship. All you have to do is apply for a Certificate of Citizenship to get him a US passport.

Does not matter if the child entered the US before or after mom took the oath of citizenship.  That's not one of the four requirements of the CCA.

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Filed: Country: Vietnam (no flag)
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46 minutes ago, tcTTct said:

Surely it can't be this easy! I will file the N-600 and see if that's all it takes :) Thank you :)

 

It is that easy.   It's cheaper to get a passport.  The N-600 is optional and expensive.

 

Google "Child Citizenship Act."  Citizenship is automatic; meaning nothing has to be filed.  Getting a US passport or the N-600 Certificate of Citizenship is good proof of having US citizenship, but neither is actually required. 

 

CCA 4 requirements;

1.  Child has USC parent; 

2   Child resides with USC parent;

3.  Child is under age 18;

4.  Child has LPR status.

 

Mom is the qualifying USC.  Stepparents don't count for derivative citizenship.  You would have to adopt before age 18 to pass US citizenship to your adopted child.

Edited by aaron2020
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  • 2 months later...
Filed: Country: Vietnam (no flag)
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Update - applied for my stepson's passport with Mom as the qualifying USC.  Used Mom's citizenship cert, stepson's birth certificate and greencard as documentation  and a passport arrived in under three weeks with regular processing. 

 

 Thank you for your advice.

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Don't forget to make sure that the Soc Security Admin has the updated info that your stepson is now a citizen. It will affect his ability to obtain federal college loans if he is not.

 

My nephew is going through that process right now, and already had his passport for several years. But he had to go to the SSA office in person and set the record straight before he was eligible for FAFSA.

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On 4/17/2017 at 5:57 PM, Gattoo said:

Don't forget to make sure that the Soc Security Admin has the updated info that your stepson is now a citizen. It will affect his ability to obtain federal college loans if he is not.

 

My nephew is going through that process right now, and already had his passport for several years. But he had to go to the SSA office in person and set the record straight before he was eligible for FAFSA.

Are you saying that the stepson will have a better opportunity to get approved for a federal college loan as a citizen versus as a permanent resident?

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On 4/21/2017 at 2:34 AM, zuluweta said:

Are you saying that the stepson will have a better opportunity to get approved for a federal college loan as a citizen versus as a permanent resident?

No. I'm saying that if the SSA has outdated information and you state that you are a US citizen on the FAFSA application form, there may be delays in processing the loan, which can in turn mess with various deadlines.

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  • 3 weeks later...
On 2/10/2017 at 6:26 PM, aaron2020 said:

It is that easy.   It's cheaper to get a passport.  The N-600 is optional and expensive.

 

Google "Child Citizenship Act."  Citizenship is automatic; meaning nothing has to be filed.  Getting a US passport or the N-600 Certificate of Citizenship is good proof of having US citizenship, but neither is actually required. 

 

CCA 4 requirements;

1.  Child has USC parent; 

2   Child resides with USC parent;

3.  Child is under age 18;

4.  Child has LPR status.

 

Mom is the qualifying USC.  Stepparents don't count for derivative citizenship.  You would have to adopt before age 18 to pass US citizenship to your adopted child.

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