Judith Johnson

For all of you out there who need this information, and for the ones that have been
mailing me that my daughter should have instant US citizenship after her adoption by
an US citizen...the child act of citizenship applies ONLY to children who specificly
come here to be adopted, in my daughter's case we were already here and the adoption
became an issue after immigration. If a child comes here because it will be adopted
the act applies, in other cases it does not. I appreciate everyone who responded and
emailed me, thanks.

Judith

Please visit my ebaystore at http://www.ebaystores.com/foreverlivingproducts

Michael Voight

Judith Johnson wrote:
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No, it does not only apply to children that come here to be adopted. It even refers
to "child" definition on the INS code where stepchild meets the definition. Choose to
believe me or not, but my daughter (former stepdaughter) is now the owner of a US
passport. If you don't want the child to have the citizenship, then fine. However, if
you think the child citizenship act of 2000 only applies to orphans, then you are NOT
correct. Can you point out a place in the law that says it only applies to orphans?

Michael

Michael Voight

Michael Voight wrote:
    >
    >
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > For all of you out there who need this information, and for the ones that have[/usenetquote2]
[usenetquote2]> > been mailing me that my daughter should have instant US citizenship after her[/usenetquote2]
[usenetquote2]> > adoption by an US citizen...the child act of citizenship applies ONLY to children[/usenetquote2]
[usenetquote2]> > who specificly come here to be adopted,[/usenetquote2]
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    >
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    >
    >
    >
    >
    >
    >

Here is a quote from one informed source

“WASHINGTON, D.C. — After months of negotiations, the House approved legislation
authored by Congressman Bill Delahunt to confer automatic US citizenship on
children adopted from abroad, and on other foreign-born children of American
parents. parents."

Note the "other foreign born children of American parents" (not just adopted
from abroad)

The requirement is that one parent be American and the child be a permanent resident.
When an American step-parent adopts the child, the child now has an American parent.
If the child's parent becomes a citizen, the child now has an American parent.

There is nothing in the legal language of the act limiting it to orphans brought to
the US for adoption.

Michael

Michael

Andy Platt

However, when I read it I found language that says for non-orphans they must be
permanent residents for two years first. Am I wrong on this?

Andy.

--
I'm not really here - it's just your warped imagination. "Michael Voight"
<[email protected]> wrote in message news:[email protected]...
    > Michael Voight wrote:
    > >
    > > Judith Johnson wrote:
    > > >
    > > > For all of you out there who need this information, and for the ones
that
    > > > have been mailing me that my daughter should have instant US
citizenship
    > > > after her adoption by an US citizen...the child act of citizenship
applies
    > > > ONLY to children who specificly come here to be adopted,
    > >
    > > No, it does not only apply to children that come here to be adopted. It even
    > > refers to "child" definition on the INS code where stepchild meets the
    > > definition. Choose to believe me or not, but my daughter (former stepdaughter) is
    > > now the owner of a US passport. If you don't want the child to have the
    > > citizenship, then fine. However, if you think the child citizenship act of 2000
    > > only applies to orphans, then you are NOT correct. Can you point out a place in
    > > the law that says it only applies to orphans?
    > >
    > > Michael
    >
    > Here is a quote from one informed source
    >
    > "WASHINGTON, D.C. - After months of negotiations, the House approved legislation
    > authored by Congressman Bill Delahunt to confer automatic US citizenship on
    > children adopted from abroad, and on other foreign-born children of American
    > parents. parents."
    >
    > Note the "other foreign born children of American parents" (not just adopted
    > from abroad)
    >
    > The requirement is that one parent be American and the child be a permanent
    > resident. When an American step-parent adopts the child, the child now has an
    > American parent. If the child's parent becomes a citizen, the child now has an
    > American parent.
    >
    > There is nothing in the legal language of the act limiting it to orphans brought to
    > the US for adoption.
    >
    > Michael
    >
    > Michael

Andy Platt

OK, I've gone back and looked again. The CCA says that it only applies to an adopted
child if they satisfy the requirements under 101(b)(1) which, for the record, says:

"(E) (i) 17a/ 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: 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 Act; or "

However, the act doesn't require the child is adopted, they just need to be in the
legal and physical custody of the US citizen living in the US "pursuant to a lawful
admission for permanent residence" (note there are other parts of the CCA that deal
with living outside the US but that's not the case here). So presumably a step-child
that is not adopted would count and automatically qualify?

It's a little bit crazy because it means that the child could get citizenship even if
they had just conditional permanent residence leaving the possibility that they would
end up a citizen but the parent could end up losing their permanent residency if they
fail to get the conditions removed!

Andy.

--
I'm not really here - it's just your warped imagination. "Andy Platt"
<[email protected]> wrote in message news:[email protected]...
    > However, when I read it I found language that says for non-orphans they
must
    > be permanent residents for two years first. Am I wrong on this?
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination. "Michael Voight"
    > <[email protected]> wrote in message news:[email protected]...
    > > Michael Voight wrote:
    > > >
    > > > Judith Johnson wrote:
    > > > >
    > > > > For all of you out there who need this information, and for the ones
    > that
    > > > > have been mailing me that my daughter should have instant US
    > citizenship
    > > > > after her adoption by an US citizen...the child act of citizenship
    > applies
    > > > > ONLY to children who specificly come here to be adopted,
    > > >
    > > > No, it does not only apply to children that come here to be adopted. It even
    > > > refers to "child" definition on the INS code where stepchild meets the
    > > > definition. Choose to believe me or not, but my daughter (former stepdaughter)
    > > > is now the owner of a US passport. If you don't want the child to have
the
    > > > citizenship, then fine. However, if you think the child citizenship
act
    > > > of 2000 only applies to orphans, then you are NOT correct. Can you point out a
    > > > place in the law that says it only applies to orphans?
    > > >
    > > > Michael
    > >
    > > Here is a quote from one informed source
    > >
    > > "WASHINGTON, D.C. - After months of negotiations, the House approved legislation
    > > authored by Congressman Bill Delahunt to confer automatic US citizenship on
    > > children adopted from abroad, and on other foreign-born children of American
    > > parents. parents."
    > >
    > > Note the "other foreign born children of American parents" (not just adopted from
    > > abroad)
    > >
    > > The requirement is that one parent be American and the child be a permanent
    > > resident. When an American step-parent adopts the child, the child now has an
    > > American parent. If the child's parent becomes a citizen, the child now has an
    > > American parent.
    > >
    > > There is nothing in the legal language of the act limiting it to orphans brought
    > > to the US for adoption.
    > >
    > > Michael
    > >
    > > Michael

Judith Johnson

You're right, or at least according to my lawyer and the judge in court you are
right. My daughter was adopted by my USC husband but will remain a dutch citizen, and
we were told that 2 years after the adoption date, she may apply for US citizenship
based on her adoption until the age of 16, after that she may apply for US
citizenship in the same way as everyone, but not based on her adoption anymore.

Judith

in article [email protected], Andy Platt at [email protected] wrote on
2/14/02 9:09 AM:

    > However, when I read it I found language that says for non-orphans they must be
    > permanent residents for two years first. Am I wrong on this?
    >
    > Andy.

Please visit my ebaystore at http://www.ebaystores.com/foreverlivingproducts

Andy Platt

However, see my other post. She should qualify as a step-child instead of an
adopted child.

Andy.

--
I'm not really here - it's just your warped imagination. "Judith Johnson"
<[email protected]> wrote in message
news:B89137EC.35A8%[email protected]...
    > You're right, or at least according to my lawyer and the judge in court
you
    > are right. My daughter was adopted by my USC husband but will remain a
dutch
    > citizen, and we were told that 2 years after the adoption date, she may apply for
    > US citizenship based on her adoption until the age of 16, after that she may apply
    > for US citizenship in the same way as everyone, but not based on her adoption
    > anymore.
    >
    > Judith
    >
    > in article [email protected], Andy Platt at [email protected] wrote on
    > 2/14/02 9:09 AM:
    >
    > > However, when I read it I found language that says for non-orphans they
must
    > > be permanent residents for two years first. Am I wrong on this?
    > >
    > > Andy.
    >
    >
    >
    >
    >
    > Please visit my ebaystore at
http://www.ebaystores.com/foreverlivingproducts

Michael Voight

Andy Platt wrote:
    >
    > OK, I've gone back and looked again. The CCA says that it only applies to an
    > adopted child if they satisfy the requirements under 101(b)(1) which, for

1. A stepchild of a USC would have to be adopted to qualify.
2. This child would not have to live with the step parent for 2 years if they are
currently in the US as a permanent resident.
3. It is possible for the USC's spouse to not get conditional residence and have to
leave. Of course, the adoption would make the marriage seem more legitimate for
the I-751 filing.

For the record, the step child adoption/citizenship process was confirmed from
multiple sources, including the INS, before I actually went through it. In the
archives, you might find the actual text of the legal document I was referred to and,
in turn, forwarded to this group in a thread from last year.

Michael Voight

Judith Johnson wrote:
    >
    > You're right, or at least according to my lawyer and the judge in court you are
    > right. My daughter was adopted by my USC husband but will remain a dutch citizen,
    > and we were told that 2 years after the adoption date, she may apply for US
    > citizenship based on her adoption until the age of 16, after that she may apply for
    > US citizenship in the same way as everyone, but not based on her adoption anymore.

Maybe someone can point out this 2 year provision in the Act for me. You seem to be
talking about what needed to be done BEFORE the Act changed the process.

Basically, here are the requirements:

1.At least one parent of the child is a U.S. citizen, either by birth or
naturalization.
2.The child is under the age of 18.
3.The child must be residing in the United States in the legal and physical custody
of the U.S. citizen parent after having been lawfully admitted into this country
as an immigrant for lawful permanent residence.
4.If the child has been adopted, the adoption must be final.

Note: there are other provisions if the child lives abroad...

From the INS site
http://www.ins.usdoj.gov/graphics/pu...s/cbground.htm

Do I have to apply to INS for my child's citizenship?

No... <I am skipping the remainder> Your lawyer, according to your post "she may
apply......".

The INS (and the actual law) say 18, your lawyer says 16...

Should we believe the INS (and the actual text of the Act) or your lawyer?

As I said, it sounds like the lawyer is talking about the way it was before
February 27, 2001.

Michael

Michael Voight

Of course, meeting the requirement of the ACT and getting an approved N-643 might be
a little different than the ability to get a passport.

From State.GOV
Note: no documentation on how long an adopted child has lived with a stepparent.
And, besides, you can get a same day passport. N-643 can take many months
for approval.

4.Q: What documents are required to obtain a passport for a child who became a U.S.
citizen under the Act?

A: (1) Evidence of the child's relationship to a U.S. citizen parent (a
certified copy of the foreign birth certificate for children born to an
American or, if adopted, a certified copy of the final adoption decree);
(2) the child's foreign passport with INS's I-551 stamp or the child's
resident alien card; and (3) the parent's valid identification