How to get my son citizenship?

I am a US citizen by birth and a Veteran. Both my wife and stepson are here in green cards because I petitioned them once I repatriated (did the paperwork myself).  She has an IR1, and he has an IR2.  He is 15, and not married (duh). The formal adoption is almost complete.  What is the process to get his US citizenship?

Update:

I often get very non-sequor answers on here, as though someone meant to answer a different question, but somehow accently posted the answer under my question. Any ideas why that happens all the time?  

7 Answers

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  • Anonymous
    1 month ago

    See if the VA can help.

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  • 1 month ago

    For your stepson to acquire US citizenship through adoption while in the USA on an IR-2 visa then the adoption has to be finalized before he is 16 and he has to be living with you for two years with you as his legal guardian. You may be able to apply for his US passport with only the adoption papers, etc. but better is to get a certificate of citizenship for him.

    When the adoption is accomplished you do get him a new birth certificate that will show you as the adoptive father, but it is an > amended < BC and information like his place of birth doesn't change. Not all states have the same procedures for birth certificates so you need to check the ones for your state. Perhaps your state issues a birth certificate that simply shows you as the father w/o indicating you are the adoptive father.  

    Your wife can obtain US citizenship after three years as a US PR married to a US citizen. If her son is under the age of 18 when she naturalizes then he automatically becomes a US citizen at the same time.  If that happens then both of them need to apply for US passports the day of the ceremony. 

    Worst case is he "times out" for both citizenship by adoption and derivative citizenship from his mother and he has to wait until he has been a US PR for five years to apply.  

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  • 1 month ago

    Once you have adopted your son in the US, he  will  get a new  'birth certificate' which will show your name as his  father.  That will give him citizenship  and you will be able use  that to apply for a first passport for him as your son.  The court will need evidence that his birth father  has  agreed  to this.  As you say the process is almost complete, I imagine you have dealt with that already.

  • Marvin
    Lv 7
    1 month ago

    I am a bit confused.  The state of Califronia will issue him a birth certificate with my name as the father. I am a US Citizen.

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  • 1 month ago

    Your stepson, like your wife, must fulfill all residency requirements after obtaining their green cards (legal permanent residency status), and your stepson must be over 18 to apply for naturalization. Adoption at this late date does not change his status or reduce residency requirements. 

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  • 1 month ago

    The formal adoption will help as the laws have changed to make it easy to get citizenship for children that are adopted from other countries.

    So I would let the adoption go through then try.

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  • Lisa A
    Lv 7
    1 month ago

    He will file form N-400 when he is 18.

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    • ibu guru
      Lv 7
      1 month agoReport

      He must fulfill residency requirements from date he received legal permanent resident status (date green card issued), AND be over 18 before he can apply for naturalization. Adoption now is too late to affect anything. He has to be an adult & qualify on his own merits now.

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