My adopted son is a green card holder, when can he get US Citizenship?

[TVC 244]

I am a US CITIZEN. I adopted my stepson who has been residing with me and his mother, my wife, in the USA since September 2020 on a green card. Now that I have legally adopted him and my name is on his birth certificate what do I need to do to get him US CITIZENSHIP?

[TVC 244]

This seems to state we can get his citizenship very easily. Does section 320 apply to my case?

 

Only children residing in the United States are eligible to automatically acquire U.S. citizenship under Section 320 of the Immigration and Nationality Act. If your child automatically acquired U.S. citizenship pursuant to this Section, he or she may obtain a certificate of citizenship from U.S. Citizenship and Immigration Services (USCIS) or apply for a U.S. passport from the U.S. Department of State. If your child has not obtained a certificate of citizenship, 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. 

If your child obtained a certificate of citizenship from USCIS, you must submit it with your child’s passport application as proof of citizenship.

[TVC 244]

So nobody knows?

[KayDeeCee 4,891]

Yes, they should automatically acquire US citizenship after being adopted by a USC. If you meet all these requirements, then you can get them a US passport > 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

 

Not required, but if you really want the certificate, you can file an N-600 to get a Certificate of Citizenship for them.

[SusieQQQ 11,584]

Yes, assuming he is under 18 it seem he meets the requirements for INA320. The passport form DS11 (page 2) lists what proof you will need to bring to get him a passport. Page 1 includes some extra requirements for minor children. 

[medic5678 10]

On 7/12/2021 at 2:14 PM, TVC said:

I am a US CITIZEN. I adopted my stepson who has been residing with me and his mother, my wife, in the USA since September 2020 on a green card. Now that I have legally adopted him and my name is on his birth certificate what do I need to do to get him US CITIZENSHIP?

I may be wrong about this but I think he has to reside with you for 2 years first, prior to the adoption.   I'm surprised you got an adoption without meeting this requirement.  I know in Florida, you have to meet the 2 year requirement before you can adopt.

[KayDeeCee 4,891]

7 hours ago, medic5678 said:

I may be wrong about this but I think he has to reside with you for 2 years first, prior to the adoption.   I'm surprised you got an adoption without meeting this requirement.  I know in Florida, you have to meet the 2 year requirement before you can adopt.

The laws vary from state to state. What is required in Florida is not what is required everywhere. If he was able to adopt, then he must have met the requirements of his state to do so.

[arken 4,197]

22 minutes ago, KayDeeCee said:

The laws vary from state to state. What is required in Florida is not what is required everywhere. If he was able to adopt, then he must have met the requirements of his state to do so.

I'd assume one has to satisfy the adoption requirements of the uscis/dhs to be able to receive its immigration benefit through adoption whether for GC or citizenship.

[Nitas_man 3,100]

On 7/12/2021 at 1:14 PM, TVC said:

I am a US CITIZEN. I adopted my stepson who has been residing with me and his mother, my wife, in the USA since September 2020 on a green card. Now that I have legally adopted him and my name is on his birth certificate what do I need to do to get him US CITIZENSHIP?

https://www.alllaw.com/articles/nolo/us-immigration/how-foreign-born-adopted-children-get-citizenship.html
 

You’re in a gray area of “legal custody” and it is unclear when that clock starts for you.

 

My call:  September, 2022 or two years after the adoption was finalized.  Citizenship is automatic.

 

Had the adoption been finalized overseas I believe citizenship would be conferred on entry

Edited July 16, 2021 by Nitas_man

[medic5678 10]

2 hours ago, KayDeeCee said:

The laws vary from state to state. What is required in Florida is not what is required everywhere. If he was able to adopt, then he must have met the requirements of his state to do so.

The reason I'm saying this is when I did it,  for a passport they demanded I send proof that she had lived with me two years PRIOR to the adoption.  It surprises me that a state would allow an adoption that the Federal government wouldn't recognize for citizenship purposes.    Yes, the Federal Government demanded 2 years of proof prior to the adoption.  The OP stated the child has lived with him less than 2 years.  

[KayDeeCee 4,891]

2 hours ago, arken said:

I'd assume one has to satisfy the adoption requirements of the uscis/dhs to be able to receive its immigration benefit through adoption whether for GC or citizenship.

 

1 hour ago, medic5678 said:

The reason I'm saying this is when I did it,  for a passport they demanded I send proof that she had lived with me two years PRIOR to the adoption.  It surprises me that a state would allow an adoption that the Federal government wouldn't recognize for citizenship purposes.    Yes, the Federal Government demanded 2 years of proof prior to the adoption.  The OP stated the child has lived with him less than 2 years.  

Okay, but I see nothing about a 2 year residence requirement to obtain automatic citizenship through the Child Citizenship Act of 2000.

 

https://www.dshs.wa.gov/sites/default/files/ESA/eaz-manual/Child Citizenship Act.pdf

 

https://www.congress.gov/bill/106th-congress/house-bill/2883

 

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.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

[medic5678 10]

1 minute ago, KayDeeCee said:

 

Okay, but I see nothing about a 2 year residence requirement to obtain automatic citizenship through the Child Citizenship Act of 2000.

 

https://www.dshs.wa.gov/sites/default/files/ESA/eaz-manual/Child Citizenship Act.pdf

 

https://www.congress.gov/bill/106th-congress/house-bill/2883

 

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.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

That's interesting, because I adopted my daughter.   I am using the passport as evidence of her U.S. citizenship.    I'm looking at the letter now.  It doesn't have the requirement prior to the adoption, by the way.  It does say ""records to show that you were in the legal and physical custody of your adoptive parent(s) for at least two (2) years".  The letter was addressed to my 8 year old daughter as applicant for a passport.    

[KayDeeCee 4,891]

8 minutes ago, medic5678 said:

That's interesting, because I adopted my daughter.   I am using the passport as evidence of her U.S. citizenship.    I'm looking at the letter now.  It doesn't have the requirement prior to the adoption, by the way.  It does say ""records to show that you were in the legal and physical custody of your adoptive parent(s) for at least two (2) years".  The letter was addressed to my 8 year old daughter as applicant for a passport.    

That is odd because they list other evidence of citizenship to get the US passport and this is all it says for adoption:

U.S. Citizenship through Adoption

 

If you were born outside the United States and acquired citizenship through adoption by a U.S. citizen parent while under the age of 16, please submit the following:

• Citizenship evidence of your U.S. citizen parent
• Your full and final adoption decree
• Evidence of lawful entry for permanent residence (Examples: Child’s foreign passport containing an ADIT stamp or Form I-94 with the ADIT stamp and picture)

Please see Child Citizenship Act of 2000 for more information.

 

https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html

[medic5678 10]

15 minutes ago, KayDeeCee said:

That is odd because they list other evidence of citizenship to get the US passport and this is all it says for adoption:

U.S. Citizenship through Adoption

 

If you were born outside the United States and acquired citizenship through adoption by a U.S. citizen parent while under the age of 16, please submit the following:

• Citizenship evidence of your U.S. citizen parent
• Your full and final adoption decree
• Evidence of lawful entry for permanent residence (Examples: Child’s foreign passport containing an ADIT stamp or Form I-94 with the ADIT stamp and picture)

Please see Child Citizenship Act of 2000 for more information.

 

https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html

Unfortunately, this is a complicated process.  People who do things legally have to jump through all sorts of hoops.  Tax paying, law abiding citizens to the rear of the line, please!  I can only go by my experience and it's been anything but easy.  And I've had what is a simple case with very few issues.  Fortunately, I've been able to do it  all without an attorney.   They ask me for something, I send it.

[SusieQQQ 11,584]

4 hours ago, arken said:

I'd assume one has to satisfy the adoption requirements of the uscis/dhs to be able to receive its immigration benefit through adoption whether for GC or citizenship.

This is actually stated in the manual for INA320.

 

…..The child has at least one parent, including an adoptive parent^[3] who is a U.S. citizen by birth or through naturalization;….

and the footnote 3 says 

 

[^ 3] As long as the child meets the requirements to be considered an adopted child for immigration purposes, as outlined in INA 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G).

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4#footnote-3

 

That said, not all adoptees have the 2 years requirement. If I was OP I’d send in the documentation which looks complete on the face of it, and see what they say. 

Edited July 16, 2021 by SusieQQQ