Child's Status After Naturalization

[neilsqueen 433]

I'm really confused as to whether my husband's daughter will be eligible for citizenship after he naturalizes.  His daughter will be 8 this year and resides with her mother in Jamaica.  My husband and the mother have never been married so according to what I've read in the naturalization information, she is considered illegitimate.  This is where I get confused.  If some miracle occurs and the mother allows my step daughter to live with us, will she be eligible even though she is considered illegitimate?  I really hate that label.  She is a beautiful, innocent little girl. It would be an honor to have her live with us.  Much appreciation to you all for helping me clarify this!

Edited May 14, 2017 by neilsqueen

[blue_angel_29 108]

1 hour ago, neilsqueen said:

I'm really confused as to whether my husband's daughter will be eligible for citizenship after he naturalizes.  His daughter will be 8 this year and resides with her mother in Jamaica.  My husband and the mother have never been married so according to what I've read in the naturalization information, she is considered illegitimate.  This is where I get confused.  If some miracle occurs and the mother allows my step daughter to live with us, will she be eligible even though she is considered illegitimate?  I really hate that label.  She is a beautiful, innocent little girl. It would be an honor to have her live with us.  Much appreciation to you all for helping me clarify this!

Genetic father

If you never married the child’s mother before the child turned 18: If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.

[Jojo92122 1,924]

Legitimacy has nothing to do with deriving citizenship.

 

The child must be admitted tot he US as an LPR and living with her USC father before the age of 18 to qualify for derivative citizenship under the Child Citizenship Act.  

[neilsqueen 433]

18 hours ago, blue_angel_29 said:

Genetic father

If you never married the child’s mother before the child turned 18: If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.

Thank you so much! That really clears it up.

[neilsqueen 433]

16 hours ago, Jojo92122 said:

Legitimacy has nothing to do with deriving citizenship.

 

The child must be admitted tot he US as an LPR and living with her USC father before the age of 18 to qualify for derivative citizenship under the Child Citizenship Act.  

The information on the USCIS site talks about legitimate versus illegitimate.  That's why I have been confused.   See @blue_angel_29 quote above.  It has to have something to do with qualification or they wouldn't even mention it.

[Pinkrlion 2,724]

The issue he will be facing is child support, as that now considered proof of good moral character.

 

[neilsqueen 433]

20 hours ago, Pinkrlion said:

The issue he will be facing is child support, as that now considered proof of good moral character.

 

That's no problem.  He has paid faithfully every month since birth and has all receipts of proof.