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Trellick

US citizen's adopted child and citizenship question

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Asking for a friend (always wanted to say that!) But really am. 

 

In this scenario what's the situation re citizenship. 

 

Adopted father is a US citizen from birth but only lived in the USA 2 years before leaving the country. Marries woman with 2 children, adopts them. Moves the whole family to the USA when kids are well under 18 on immigrant visas and spouse and kids all get green cards on entry. 

 

What are the kids' paths to citizenship? 

 

They don't automatically get it on entry because of the adopted father, do they? 

If the mother natualizes before they turn 18 - would that automatically make them citizens too? 

 

Or is it simply a case of waiting until 5 years of green card and applying for themselves? 

 

 

 

 

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6 minutes ago, Trellick said:

Asking for a friend (always wanted to say that!) But really am. 

 

In this scenario what's the situation re citizenship. 

 

Adopted father is a US citizen from birth but only lived in the USA 2 years before leaving the country. Marries woman with 2 children, adopts them. Moves the whole family to the USA when kids are well under 18 on immigrant visas and spouse and kids all get green cards on entry. 

 

What are the kids' paths to citizenship? 

 

They don't automatically get it on entry because of the adopted father, do they? 

If the mother natualizes before they turn 18 - would that automatically make them citizens too? 

 

Or is it simply a case of waiting until 5 years of green card and applying for themselves? 

 

 

 

 

If all of these are true:

 

The child was legally adopted under the age of 16 years.

The child has been in the legal custody of the adoptive parents for at least two years; and

The child has resided in the physical custody of the adoptive parents for at least two years.

 

AND all of these are true:

 

At least one parent is a U.S. citizen, either by birth or naturalization.

The child is under 18 years of age; and

The child is lawfully admitted to the United States as a permanent resident and is in the legal and physical custody of the U.S. citizen parent.

 

Then upon satisfying the last condition, the child automatically becomes a US citizen. 

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1 minute ago, USS_Voyager said:

If all of these are true:

 

The child was legally adopted under the age of 16 years.

The child has been in the legal custody of the adoptive parents for at least two years; and

The child has resided in the physical custody of the adoptive parents for at least two years.

 

AND all of these are true:

 

At least one parent is a U.S. citizen, either by birth or naturalization.

The child is under 18 years of age; and

The child is lawfully admitted to the United States as a permanent resident and is in the legal and physical custody of the U.S. citizen parent.

 

Then upon satisfying the last condition, the child automatically becomes a US citizen. 

So if that child is now an adult and never realized this and decides to apply for citizenship with N-400 - would they deny that as technically she's already a citizen? 

 

 

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Posted (edited)
2 minutes ago, Trellick said:

So if that child is now an adult and never realized this and decides to apply for citizenship with N-400 - would they deny that as technically she's already a citizen? 

 

 

Right, she doesn't need the N-400. If she needs a piece of paper saying she's a US citizen, apply the N-600. 

She can apply for a passport if she wants, and having a passport is also proof of US citizenship. She'll need proof of the stuff above to apply probably. 

Edited by USS_Voyager

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Posted (edited)

As stated, children who enter on immigrant visas who are in the legal and physical custody of at least one US citizen parent (who is a US codfish through birth or naturalisation) automatically become US citizens under the Child Citizenship Act, provided they are not yet 18 on the day they entered the US. 

 

Any N-400 that any of the children mistakenly filed would likely be denied because of this. 

Edited by Hypnos

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30 minutes ago, Trellick said:

Marries woman with 2 children, adopts them.

Oh I missed that part. So technically then, the adoption doesn't mean much. When you said adoption, I thought as in an American citizen adopt a foreign baby. If the US citizen married the mother of the child, the child is consider "step child" to the US citizen. So forget about the conditions of the adoption, as long as the following apply, she's a US citizen:

 

At least one parent is a U.S. citizen, either by birth or naturalization.

The child is under 18 years of age; and

The child is lawfully admitted to the United States as a permanent resident and is in the legal and physical custody of the U.S. citizen parent.

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So in this case. 

 

The child is now in her 20s. Been in the USA for 15 years. Has renewed Green Card once. Also now married to a US citizen. Recently applied for naturalization and they have noticed the chain of events and issued an RFE asking for proof of residence with father on certain dates. I am assuming to verify that she is already a US Citizen and therefore does not qualify for N-400 process. 
She is estranged from adopted father - no contact for 7 years and can't access his documents to prove their mutual residency. She simply wants to proceed with the N-400 based on her US residency/greencard. But I am assuming that if there's any doubt about it they won't proceed? If she says she can't provide the proof they want will they let her proceed with the N-400 process? She got all the way to the interview.

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35 minutes ago, Trellick said:

So in this case. 

 

The child is now in her 20s. Been in the USA for 15 years. Has renewed Green Card once. Also now married to a US citizen. Recently applied for naturalization and they have noticed the chain of events and issued an RFE asking for proof of residence with father on certain dates. I am assuming to verify that she is already a US Citizen and therefore does not qualify for N-400 process. 
She is estranged from adopted father - no contact for 7 years and can't access his documents to prove their mutual residency. She simply wants to proceed with the N-400 based on her US residency/greencard. But I am assuming that if there's any doubt about it they won't proceed? If she says she can't provide the proof they want will they let her proceed with the N-400 process? She got all the way to the interview.

I don't think the N-400 is approveable. They can't naturalize a US citizen. I think the N-400 will be denied. Did she ask the interviewer what she should do?

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No - it looks like the interview seemed fine and then it was followed up with an RFE - they must have only caught the potential issue on review after the interview. Applicant is adamant that she cannot get any documents from her estranged father and doesn't know what to do now. 

 

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I'm not familiar with the N-400, but is there a way her mother can help her with documents if her parents are still married? Also, did the RFE indicate any specific types of documents they would accept as proof? Are there any court, school, property records anything of this type that she could obtain certified copies of that may list fathers name and address? 

 

Hopefully, someone here will have more knowledge and can offer better advice. Good luck.

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