Automatic US citizenship for minor stepchildren?

[Ade Lynn 26]

Thankfully my family's IR1/IR2 visas were approved today, but the CO said we should not apply for Green card for my stepchildren because they are minor and that they will be a US citizen automatically.  In fact she said at the POE, my wife should join the queue for US permanent residents but that the children should be on the queue for US citizens.

I have checked online for any information to corroborate this but found nothing. Can anyone please help 

[Unlockable 7,306]

That does not sound right at all. Need more info. You say the children are your step children, correct? You are a US citizen who filed for your wife and her kids, correct? Are the biological father of the stepchildren a US citizen himself?

[Ade Lynn 26]

1 minute ago, Unlockable said:

That does not sound right at all. Need more info. You say the children are your step children, correct? You are a US citizen who filed for your wife and her kids, correct? Are the biological father of the stepchildren a US citizen himself?

The biological father is not a US citizen and the children are my stepchildren.  I am also totally confused. In fact my wife said she asked the CO for clarification on this and she repeated the same thing that the children are minors so automatic US citizenship upon entry

[Jeanne Adil 1,651]

47 minutes ago, Ade Lynn said:

Thankfully my family's IR1/IR2 visas were approved today, but the CO said we should not apply for Green card for my stepchildren because they are minor and that they will be a US citizen automatically.  In fact she said at the POE, my wife should join the queue for US permanent residents but that the children should be on the queue for US citizens.

I have checked online for any information to corroborate this but found nothing. Can anyone please help 

i believe and i will stand corrected if wrong,  but minor children become citizens when the mother is naturalized

 

https://www.murthy.com/2011/05/27/derivative-citizenship-children-of-naturalized-u-s-citizens/

[geowrian 22,335]

Stepchildren cannot derive citizenship from you. They can derive it from the mother if she naturalizes before age 18.

Edited May 8, 2019 by geowrian

[Crazy Cat 39,257]

1 hour ago, Ade Lynn said:

The biological father is not a US citizen and the children are my stepchildren.  I am also totally confused. In fact my wife said she asked the CO for clarification on this and she repeated the same thing that the children are minors so automatic US citizenship upon entry

Either the officer gave her incorrect information or your wife misunderstood.....unfortunately.  It's great that you asked the question here......make sure you pay the $220 fee for each IR visa or the actual green cards will not be produced.

[shoowlaar 224]

8 hours ago, Ade Lynn said:

Thankfully my family's IR1/IR2 visas were approved today, but the CO said we should not apply for Green card for my stepchildren because they are minor and that they will be a US citizen automatically.  In fact she said at the POE, my wife should join the queue for US permanent residents but that the children should be on the queue for US citizens.

I have checked online for any information to corroborate this but found nothing. Can anyone please help 

yes, because they are minors, they become automatic citizens because you are a citizen. that's the law... congrats

[Crazy Cat 39,257]

1 minute ago, shoowlaar said:

yes, because they are minors, they become automatic citizens because you are a citizen. that's the law... congrats

Wrong....That does not apply to step-children..........

Edited May 8, 2019 by missileman

[PaddyGirl13 75]

1 minute ago, missileman said:

Wrong....That does not apply to step-children..........

You are correct. I am a green card holder, so is my son, my husband (step dad) is the citizen. My son will only derive citizenship if I, the green card holder, naturalize before he turns 18. 

[shoowlaar 224]

10 minutes ago, missileman said:

Wrong....That does not apply to step-children..........

@Ade Lynn if he legally adopted those children and have documentation to prove that he adopted them then it should apply.. otherwise, i would advise you call them......

[geowrian 22,335]

2 hours ago, shoowlaar said:

@Ade Lynn if he legally adopted those children and have documentation to prove that he adopted them then it should apply

In very limited cases, yes. Almost always, still no.

It depends on if the adoption qualifies for immigration benefits or not. In most cases, it does not unless the child is an orphan (which obviously is not the case here) or they have resided with the adopted parent for 2+ years after the adoption completed.

 

INA 320 (http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1431&num=0&edition=prelim) :

Quote

(a) In general

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

(b) Adoption

Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title.

 

Section 1101(b)(1) (http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1101&num=0&edition=prelim) :

(Sections A-D don't deal with adoptions and have been excluded below)

Quote

...

(E)(i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or

(ii) subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years;

(F)(i) a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 1151(b) of this title, who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child's proposed residence; Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or

(ii) subject to the same provisos as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (E)(i); (II) has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 1151(b) of this title; or

(G)(i) a child, younger than 16 years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 1151(b) of this title, who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly or by an unmarried United States citizen who is at least 25 years of age, Provided, That-

(I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States;

(II) the child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption;

(III) in the case of a child having two living natural parents, the natural parents are incapable of providing proper care for the child;

(IV) the Secretary of Homeland Security is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Secretary of Homeland Security may consider whether there is a petition pending to confer immigrant status on one or both of such natural parents); and

(V) in the case of a child who has not been adopted-

(aa) the competent authority of the foreign state has approved the child's emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and

(bb) the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the child's proposed residence; and

(ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or

(iii) subject to the same provisos as in clauses (i) and (ii), a child who-

(I) is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i);

(II) was adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and

(III) is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 1151(b) of this title.

 

Edit: I would just note th at if the above cases were met, the child is just a child, not a stepchild.

Edited May 8, 2019 by geowrian

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to US Citizenship Discussion.