Question about adoption (Split topic)

[Teyci 45]

Hello everyone!  I’m glad to come across this thread as I am trying to get some advice on my sons status.

 

So my son and I arrived here in the US on K1 and 2 visa in Dec of 2018. Got married and we obtained our green card Aug 2019.  My husband legally adopted my son and was finalized in July 2020. Now my questions :

 

1.  Should I apply for certificate of citizenship for my son instead of removal of condition?  Based on what I’ve read so far, he meet the requirements for the Child Citizenship Act.

 

2.Should I go ahead to have his last name changed prior to filing for application? I have not gone to ssa to update his legal name:

 

3 Should I wait for the  90 days before expiration of his green card to submit certificate of citizenship application? Wondering if we can do it sooner?  Obviously for my case I will have to wait because mine will be application will be for removal of condition.

 

Thanks in advance for your advice!

[SusieQQQ 11,585]

3 minutes ago, Teyci said:

Hello everyone!  I’m glad to come across this thread as I am trying to get some advice on my sons status.

 

So my son and I arrived here in the US on K1 and 2 visa in Dec of 2018. Got married and we obtained our green card Aug 2019.  My husband legally adopted my son and was finalized in July 2020. Now my questions :

 

1.  Should I apply for certificate of citizenship for my son instead of removal of condition?  Based on what I’ve read so far, he meet the requirements for the Child Citizenship Act.

 

2.Should I go ahead to have his last name changed prior to filing for application? I have not gone to ssa to update his legal name:

 

3 Should I wait for the  90 days before expiration of his green card to submit certificate of citizenship application? Wondering if we can do it sooner?  Obviously for my case I will have to wait because mine will be application will be for removal of condition.

 

Thanks in advance for your advice!

Was your son under 18 when the adoption was finalized?

[Lenchick 133]

1 hour ago, SusieQQQ said:

Was your son under 18 when the adoption was finalized?

How could it be any different? Adoption should happened even before he is 16. Otherwise he could not be adopted at all. 

[SusieQQQ 11,585]

4 minutes ago, Lenchick said:

How could it be any different? Adoption should happened even before he is 16. Otherwise he could not be adopted at all. 

Adoption for immigration benefits is not the same as what is required for adoption in general. You’d be amazed at the ages people adopt at, sarcasm is not needed thank you. Immigration benefits are not the only reasons people get adopted.

 

Anyway your response aside, that means your son would have automatically naturalized on the day the adoption was finalized (assuming you all live together). That means his green card means nothing anymore, it is a relic of a previous status. You will hand it in when you apply for a passport or n600 for him. 

[Lenchick 133]

Just now, SusieQQQ said:

Adoption for immigration benefits is not the same as what is required for adoption in general. You’d be amazed at the ages people adopt at, sarcasm is not needed thank you. Immigration benefits are not the only reasons people get adopted.

 

Not sure where you read sarcasm. Was a question. 
 

Automatically naturalize doesn’t exist. If her son was under 18 when the adoption was finalized. He derived citizenship, not automatically naturalize. 

Those are different things. 

 

[HRQX 4,145]

3 hours ago, Lenchick said:

Automatically naturalize doesn’t exist. If her son was under 18 when the adoption was finalized. He derived citizenship, not automatically naturalize. 

Those are different things.

Note that INA 320 uses the term "automatically becomes a citizen of the United States"

[Lenchick 133]

17 minutes ago, HRQX said:

Note that INA 320 uses the term "automatically becomes a citizen of the United States"

By deriving the citizenship, not NATURALIZING. Two different legal terms 

[SusieQQQ 11,585]

5 hours ago, Lenchick said:

By deriving the citizenship, not NATURALIZING. Two different legal terms 

Are you here to help or just to argue?

 

Yes, the wording in the certificate is different. Woo. Nothing practically changes in what I said. What was your point again? Some nonsense about adoption only being allowed under 16?

 

 

Edited January 12, 2021 by SusieQQQ

[Lenchick 133]

18 minutes ago, SusieQQQ said:

Are you here to help or just to argue?

You don’t help when you cannot differentiate  between naturalization and Automatic acquisition of citizenship which is exactly what author was asking. Those are two different procedures 
 

In order to naturalize you file n-400, and it is not optional. You go through the process of naturalization. 

to claim the benefits under INA 320 that someone automatically derived the citizenship at some point of time, you file n-600 (which is optional). You only ask USCIS to recognize you already are a citizen

Edited January 12, 2021 by Lenchick

[Unlockable 7,306]

*** Topic split from other thread. Reminder to post constructively.

 

VJ Moderation

[Teyci 45]

17 hours ago, SusieQQQ said:

Was your son under 18 when the adoption was finalized?

Yes he’s only 15 when the adoption was finalized. Should I go and submit the application for certificate of citizenship? 

[carmel34 3,538]

1 hour ago, Teyci said:

Yes he’s only 15 when the adoption was finalized. Should I go and submit the application for certificate of citizenship? 

N-600 is not required but is a good idea, to get a certificate of citizenship which comes in handy sometimes, as a backup proof of citizenship.  You should be able to file an application for a US passport for him with accompanying required documentation for his situation demonstrating his claim to US citizenship, the certificate is optional so it's up to you.  N-600s have a standard long processing time, much longer than a passport, so be aware of that as well.  For the Indianapolis USCIS field office it is taking 8 to 16 months right now for an N-600 according to USCIS.  A US passport is proof of US citizenship and is required for international travel and other situations.  So it's up to you whether or not you get the certificate as well.  Here's a link to a useful FAQ that answers your question and other similar ones regarding the N-600.  Good luck!

 

https://www.uscis.gov/forms/all-forms/n-600-application-for-certificate-of-citizenship-frequently-asked-questions

[HRQX 4,145]

1 hour ago, Teyci said:

Should I go and submit the application for certificate of citizenship? 

Certificate of Citizenship is optional. Your son can apply for US passport: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Be admitted to the United States as an immigrant for lawful permanent residence
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
• If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.

 

you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

[Stubmeister 31]

Hate like heck resurrecting a topic like this but it is indeed applicable. I was unaware of Section 320 and how it applies. However, there is one variable in my case. I am adopting my (current) 12 y.o. step-daughter. My wife's health has been precipitous and I damn near 'lost' her a few times. In an effort to prevent the daughter from being sent back to a biological parent, (a father that didn't want her to begin with!), it was decided that I adopt her. Currently she has a 'conditional' green card with the 24 month extension. I filed to have the conditions removed last year. Now does she still fall under the 'permanent residency' rule because the status of her green card? Her adoption isn't official yet but I am just trying to get 'ducks in a row' for when it does become official. We got the father to waive parental responsibility and the forms have been duly filed, notarized and apostilled within the Colombian court system. They have been returned to us and have been submitted to our local court. We have to wait 40 days before our first hearing and I think one more will be scheduled prior to finalization.

[Chancy 6,233]

*** Zombie thread from 2021 locked to further comment.  Please start a new thread if you have questions about your own case. ***