Question about Child Citizenship Act
Jun 20th 2001, 9:27 pm
#1
Guest
Posts: n/a
I have a question about the recently passed Child Citizenship Act. I am a naturalized
American citizen. I legally adopted my stepdaughter last year. She is 13 years old
now. The adoption is complete. I am wondering if she is eligible for the CCA. The
only problem I have here is that she first entered into US on a non-immigrant visa of
J-2. About 18 months ago (in 1999), I filed I-485 of adjustment for permanent
residence for both my wife and my daughter. Unfortunately, it is still being
processed by the INS. (it usually takes up to 36 months to process it) Her statue is
being pending since then. Since she is in the process of pursuing of American
permanent residency, I want to know if she is also eligible for the child citizenship
enjoyed by all the other adopted children. Thank you.
American citizen. I legally adopted my stepdaughter last year. She is 13 years old
now. The adoption is complete. I am wondering if she is eligible for the CCA. The
only problem I have here is that she first entered into US on a non-immigrant visa of
J-2. About 18 months ago (in 1999), I filed I-485 of adjustment for permanent
residence for both my wife and my daughter. Unfortunately, it is still being
processed by the INS. (it usually takes up to 36 months to process it) Her statue is
being pending since then. Since she is in the process of pursuing of American
permanent residency, I want to know if she is also eligible for the child citizenship
enjoyed by all the other adopted children. Thank you.
Jun 22nd 2001, 11:06 pm
#2
Guest
Posts: n/a
Hi Jie Jie,
First off, you can accelerate the I485 application now that you are a US Citizen, or
"USC" in immigration jargon, (congratulations, by the way!) because your daughter is
now an "immediate relative" of a USC. Immediate relatives are not subject to visa
waiting lists, but you will have to wait for the interview with the INS. However, if
you were already a USC when you filed the I-130/I-485, then -- as you know -- you're
just waiting for the INS to catch up on their paperwork and get to your case.
However, this may not be needed. The Child Citz. Act of 2000 provides for children
who are not yet permanent residents, or who are residing abroad. You may apply for
naturalization for such a child (this is not an automatic provision) if:
(1) At least one parent is a USC by birth or naturalization;
(2) The USC parent has been physically present in the US for periods totaling 5
years, two of which must be after the age of 14, OR the USC parent has a USC
parent (the child's grandparent) who satisfies the physical presence
requirements.
(3) The child is under the age of 18.
(4) The child is abroad or is temporarily present in the US after lawful admission
and is currently is a valid immigration status.
(5) The child has been legally adopted per INA 101(b)(1).
So, the automatic citz. provision does not apply to your daughter, but the
eligibility to naturalize probably does.
If I read your question right, she may have an out of status problem unless you were
a citizen when you filed the application for permanent residency. If you were, she is
in "a period of stay authorized by the attorney general" (awaiting the I485
interview) and should be eligible for the naturalization application.
Geoff
--
Geoffrey T. Cheshire <[email protected]> Attorney at Law
>
>
>
>
>
>
>
>
>
>
First off, you can accelerate the I485 application now that you are a US Citizen, or
"USC" in immigration jargon, (congratulations, by the way!) because your daughter is
now an "immediate relative" of a USC. Immediate relatives are not subject to visa
waiting lists, but you will have to wait for the interview with the INS. However, if
you were already a USC when you filed the I-130/I-485, then -- as you know -- you're
just waiting for the INS to catch up on their paperwork and get to your case.
However, this may not be needed. The Child Citz. Act of 2000 provides for children
who are not yet permanent residents, or who are residing abroad. You may apply for
naturalization for such a child (this is not an automatic provision) if:
(1) At least one parent is a USC by birth or naturalization;
(2) The USC parent has been physically present in the US for periods totaling 5
years, two of which must be after the age of 14, OR the USC parent has a USC
parent (the child's grandparent) who satisfies the physical presence
requirements.
(3) The child is under the age of 18.
(4) The child is abroad or is temporarily present in the US after lawful admission
and is currently is a valid immigration status.
(5) The child has been legally adopted per INA 101(b)(1).
So, the automatic citz. provision does not apply to your daughter, but the
eligibility to naturalize probably does.
If I read your question right, she may have an out of status problem unless you were
a citizen when you filed the application for permanent residency. If you were, she is
in "a period of stay authorized by the attorney general" (awaiting the I485
interview) and should be eligible for the naturalization application.
Geoff
--
Geoffrey T. Cheshire <[email protected]> Attorney at Law
>
>
>
>
>
>
>
>
>
>
