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IMMIGRATION AND ADOPTION

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  • IMMIGRATION AND ADOPTION

    Hello,

    I have a 12 year-old daughter that entered the country on a B1, she grew up with her grandparents (mine) and so we really didn't have any plans of keeping her here. However, after a few months of being here, we all decided to stay together, which caused her to overstay. While I know that it will not be too difficult to adjust her status since she is a minor with a USC step-parent, my confusion is getting greater by the minute since my husband and I started discussing his adopting her. And while we have been talking about it for while now, it has always been in terms of the "near future" up until yesterday when we found out that my father is ill and God forbid, we'd have to travel back to visit for a not so nice trip. And it seem that the easiest way is to get the adoption going then to get her a certificate of citizenship, since applying for her AOS can take a very long time. Now my question is: is that all there is to it? What are the other things that we will have to consider in terms of the BCIS?

    your input will be greatly appreciated!

    thanks,
    joy

  • #2
    Hello,

    I have a 12 year-old daughter that entered the country on a B1, she grew up with her grandparents (mine) and so we really didn't have any plans of keeping her here. However, after a few months of being here, we all decided to stay together, which caused her to overstay. While I know that it will not be too difficult to adjust her status since she is a minor with a USC step-parent, my confusion is getting greater by the minute since my husband and I started discussing his adopting her. And while we have been talking about it for while now, it has always been in terms of the "near future" up until yesterday when we found out that my father is ill and God forbid, we'd have to travel back to visit for a not so nice trip. And it seem that the easiest way is to get the adoption going then to get her a certificate of citizenship, since applying for her AOS can take a very long time. Now my question is: is that all there is to it? What are the other things that we will have to consider in terms of the BCIS?

    your input will be greatly appreciated!

    thanks,
    joy

    Comment


    • #3
      Hi Joy, I am sorry to hear about your father. I am assuming that your husband is a USC and your are an LPR. Your husband can file for AOS for your daughter. And get her advanced parole so she could travel when AOS is pending. Adoption would actually involve the similar procedures and would actually take longer.

      As for Certificate of citizenship, from what you have described, it seems to me that your daugther won't be eligble for citizenship.

      For a child born outside of the US to automatically become a citizen the following conditions must be met:

      (1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization; (2) the child is under the age of eighteen years; and (3) the child is residing in the US in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

      It seems from what you said, your dauther doesn't meet the last condition. If that is correct, then AOS would be the way to go.

      Comment


      • #4
        any other take on this??

        Comment

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