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CHILD CITIZENSHIP ACT Questions

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  • CHILD CITIZENSHIP ACT Questions

    If USC marries woman with kid, both of whom are out of US and then the USC files for green card for them, then CPR is granted to the mother, will the kid become USC immediately they arrive in the US per the Child citizenship Act?

    Or will the kid wait for removal of the mother's conditions before the kid can become USC?

    Child is 10 years old.

  • #2
    If USC marries woman with kid, both of whom are out of US and then the USC files for green card for them, then CPR is granted to the mother, will the kid become USC immediately they arrive in the US per the Child citizenship Act?

    Or will the kid wait for removal of the mother's conditions before the kid can become USC?

    Child is 10 years old.

    Comment


    • #3
      first, they both can come to US, and will get GC. But for the kid to become citizen, mother have to become citizen first, it will take more then 3yr

      Comment


      • #4
        Citizen,
        Where did you get that information?


        Please read the link below and tell me where you got that info.

        My understanding is that the CCA was meant for kids of USCs to skip the green card process.

        http://uscis.gov/graphics/publicaffa...ts/adopted.htm

        Comment


        • #5
          Depends on if and where the U.S. citizen stepdad has formally adopted the child.

          http://uscis.gov/graphics/publicaffa...s/cbground.htm

          Comment


          • #6
            If USC marries the mother, theres no need for adoption correct?

            My understanding of this CC Act if am correct, is that there are 2 types to handle a child being brought from out of the US by USC new father:
            1.Legitimated child, which means marrying the child's mother

            or

            2.Adoption.

            Am talking about number 1.

            In this case, will CPR of mother be CPR of child or does child become USC upon landing in US?

            Comment


            • #7
              No, I'm not a lawyer, but in order for my brother to have legal standing with his wife's three kids, he had to formally adopt them. Their father legally relinquished his rights.

              Comment


              • #8
                Is the USC the biological father of her child? Is he listed as such on the birth certificate and has he acknowledged it by paying child support since birth?

                Comment


                • #9
                  one is the child of the USC guy and birth certificate shows it, but the other kid is a father-less child, coz mother doesnt know the whereabouts of biological dad because the guy went AOL immediately he learnt she was PG, long before birth.

                  Birth certificate is blank where father name is supposed to be for that kid.

                  Comment


                  • #10
                    IF the USC has acknowledged his child, then the child is a U.S. citizen. Father needs to take appropriate steps in terms of showing he is the father. For the other child, he'll probably need to formally adopt the child either overseas or in the US. Then, the child can get U.S. citizenship. This may however entail some effort to show that the natural father has relinquished claim.

                    Comment


                    • #11
                      For the question as iot relates to a STEPCHILD, I actually spent quite a bit of time researching this question. Immigration defines "child" as natural born, adopted, OR step-child. HOWEVER, you will find that when a USC petitions for his stepchild, the child does NOT receive automatic citizenship upon arrival like an adopted or natural child. It is an exception. The father can adopt the child, which he can do after living together witht the child for 2 years, and the child will automatically become a citizen OR child can wait until being able to naturalize (5 years) OR if still under 18, will become a citizen upon Naturlization of Mom (3 years).

                      IF HOWEVER USC can show that he is the actual father (natural born), then child is either a citizen already, or will become one upon arrival (depnding on situation).

                      Comment


                      • #12
                        Thanks for your efforts to clarify this important issue.

                        3 important follow-ups please:

                        1. Will USCIS pressure the mother to get some documentary permission from the absent baby's father to leave the country with the child, even when the birth certificate is BLANK at the space for the father?

                        2.About the USC's admitted child, will USCIS insist on getting evidence that the child belongs to the USC even when the birth certificate shows the same?

                        3.If (2) above is a requirement, will a statement from the mother stating that the biological father has been supportive since the biological child was conceived suffice?

                        Comment


                        • #13
                          First I want to make sure that you are also clear on another thing: the USC *must apply separately* for the children. There is not derivative status for spouse of USC.

                          OK- permission from natural father: this is not somthing they will get into at the consulate. As for leaving her own country with the child, that will depend on the laws of her country. If there is no father on birth certificate, then she should not have a problem at the border.

                          As for natural born child of a USC, the birth certificate would be the primary proof, and should be sufficient, assuming that it is not the result of an ammendment made after child turned 18.

                          Comment


                          • #14
                            why apply separately? Why is the kids' status not derive from their mother?

                            Do you mean these will be separate applications for DCF?

                            Comment


                            • #15
                              Yes. They are separate applications. It is just the way the laws are. An LPR applying for a wife, the children receive derivative status (if they qualify). A USC applying for a wife, the children receive no derivative status. The USC must apply separately for each child.

                              Comment

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