IR2 Visa step child citizenship

[ljazz08 0]

Hi everyone, I have a question.

I'm a US citizen and my husband is a permanent resident.

We brought my husband's daughter (my step daughter) to the US with an IR2 visa at age 14.

She is now 25 years old and still has her green card, does she still need to apply for citizenship or is she already a US citizen because of the Child Citizenship Act?

Thank you so much!

[payxibka 10,045]

1 minute ago, ljazz08 said:

Hi everyone, I have a question.

I'm a US citizen and my husband is a permanent resident.

We brought my husband's daughter (my step daughter) to the US with an IR2 visa at age 14.

She is now 25 years old and still has her green card, does she still need to apply for citizenship or is she already a US citizen because of the Child Citizenship Act?

Thank you so much!

She is still an LPR until she applies for citizenship 

[ljazz08 0]

1 minute ago, payxibka said:

She is still an LPR until she applies for citizenship 

But doesn't the Child Citizenship Act automatically makes children under 18 citizens?

[payxibka 10,045]

Just now, ljazz08 said:

But doesn't the Child Citizenship Act automatically makes children under 18 citizens?

Does she have a blood parent who is a citizen?

[ljazz08 0]

Just now, payxibka said:

Does she have a blood parent who is a citizen?

Her dad (my husband) is now a citizen but that's after she turned 18 years old.

I was the petitioner of my step daughter

[payxibka 10,045]

Just now, ljazz08 said:

Her dad (my husband) is now a citizen but that's after she turned 18 years old.

I was the petitioner of my step daughter

You cannot pass citizenship to her.  Her dad could have if he had naturalized before she was 18.

[Free Man 119]

3 minutes ago, payxibka said:

You cannot pass citizenship to her.  Her dad could have if he had naturalized before she was 18.

100% correct.  

[ljazz08 0]

4 minutes ago, payxibka said:

You cannot pass citizenship to her.  Her dad could have if he had naturalized before she was 18.

" If the child who has an IR2 visa is under 18 years old, then they will get U.S citizenship immediately when they enter the U.S and state that they will live in the U.S with their parents."

what does this mean then? I've been reading this from every IR2 related posts I've read

[payxibka 10,045]

5 minutes ago, ljazz08 said:

" If the child who has an IR2 visa is under 18 years old, then they will get U.S citizenship immediately when they enter the U.S and state that they will live in the U.S with their parents."

what does this mean then? I've been reading this from every IR2 related posts I've read

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.

 

 

In this context, parent does not include step parent

Edited April 22, 2021 by payxibka