Apply N-600 for legally adopted child

[Sbaba]

Hello,

     I have a question with regards to filing the N-600 for a legally adopted child.

     Just to give a little background, my wife and I have become the US citizens in February 2018. We have 2 kids who were born in 2008 in US and they are already the citizens of US. Last year, we have adopted a girl in India and have completed all the legal formalities for the adoption process. The question that I have is, since we are US citizens can we directly apply N-600 for the adopted child? If not, are there are formalities that we need to do in US before we can sponsor and bring the child to USA? Appreciate if you can provide us some guidance on the right approach or the direction to be followed.

[pontevecchio]

Have a read. This may help point you in the right direction

https://travel.state.gov/content/travel/en/News/Intercountry-Adoption-News/obtaining-citizenship-adopted-child.html

[Provence]

You'd be better served talking to a handful of qualified immigration attorneys familiar with international adoptions. This is not a DIY project. Googling and research would be a good start. Adoption is one aspect, US immigration is another. 

[newacct]

6 hours ago, Sbaba said:

Hello,

     I have a question with regards to filing the N-600 for a legally adopted child.

     Just to give a little background, my wife and I have become the US citizens in February 2018. We have 2 kids who were born in 2008 in US and they are already the citizens of US. Last year, we have adopted a girl in India and have completed all the legal formalities for the adoption process. The question that I have is, since we are US citizens can we directly apply N-600 for the adopted child? If not, are there are formalities that we need to do in US before we can sponsor and bring the child to USA? Appreciate if you can provide us some guidance on the right approach or the direction to be followed.

N-600 can only be filed for someone who is already a US citizen, and your adopted child cannot become a US citizen until they come to the US. You will need to first petition the child to immigrate to the US with an immigrant visa. When he/she enters the US with that immigrant visa, he/she will immediately become a US permanent resident (green card holder), and also immediately become a US citizen under INA 320 as a permanent resident under 18 living in the US with a US citizen parent.

Also, once he/she becomes a US citizen, it is not mandatory to file N-600 for a Certificate of Citizenship; he/she can just apply directly for a US passport.

[Sbaba]

Thank you very much for the detailed reply. Just one minor clarification needed.

As I mentioned about the adoption of the child, the adoption process in India was done even before we became the US citizens. Therefore, I thought technically she will be considered as our child, so wouldn't she naturally be eligible to be filed for N-600 instead of going through the Green card process and then becoming the citizen? Appreciate if you can clarify my doubt.

[JoeF]

7 hours ago, Sbaba said:

Thank you very much for the detailed reply. Just one minor clarification needed.

As I mentioned about the adoption of the child, the adoption process in India was done even before we became the US citizens. Therefore, I thought technically she will be considered as our child, so wouldn't she naturally be eligible to be filed for N-600 instead of going through the Green card process and then becoming the citizen? Appreciate if you can clarify my doubt.

Have you read the link given earlier? It explains that the child needs to be in the US to be eligible for the N-600. With immigration, it is never good to "think" something applies. You should have discussed this with an experienced lawyer. Immigration law is full of pitfalls, and skimping on a lawyer is a bad idea.

So, as was mentioned already, get a lawyer.