After the process of adoption in Michigan, you must know the process that you will go through with the child. If you went through the process of intercountry adoption, you will go through the process of obtaining citizenship in Michigan.
In this article, let us discuss what you should expect after adoption in Michigan.
What is the law that applies in this case?
In the case of obtaining citizenship for your adopted child, you should keep in mind that Section 320 of the Immigration and Nationality Act applies.
Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:
- Have at least one U.S. citizen parent by birth or naturalization
- Be admitted to the United States as an immigrant for lawful permanent residence
- After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
- If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.
US Citizens Residing Outside the US
For those who are residing outside the United States, your child may apply for a certificate of citizenship through the U.S. Citizenship and Immigration Services (USCIS) under Section 322 of INA 322 and take an oath of naturalization to complete the child’s citizenship acquisition. This includes children of U.S. government employees and members of the armed forces who live abroad with parents stationed outside of the United States.
To acquire U.S. citizenship under INA 322, you must demonstrate to USCIS your child meets certain requirements before age 18 which include:
- Have at least one U.S. citizen parent by birth or naturalization
- Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child’s U.S. citizen parent cannot meet the physical presence requirement, one of the child’s U.S. citizen grandparents must meet it.
- The child lives abroad in the legal and physical custody of the U.S. citizen parent and is temporarily present in the U.S. according to a lawful admission and is maintaining that lawful status.
This information is provided by the USCIS on its website.
Haque Legal is Here To Help
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Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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