Where do i apply for my adopted daughter's USA passport

[pramanand]

Hi, I and my wife moved to India and adopted a girl in india. We both are naturalized US citizens and currently living in India. We have our daughter with us for 2 years

Couple of questions we need answers for

1) Is my daughter eligible for US citizenship now?
2) If yes, can we apply in India itself
3) Can you let us know what is the process of applying for her US passport

thanks for your help

[newacct]

You adopted this child before they turned 16, right?

She is not a US citizen just because you adopted her. For her to get US citizenship, there are two ways:

1. Petition her to immigrate to the US (i.e. become a US permanent resident). You would file I-130 petition and go through consular processing for a US immigrant visa. Upon entering the US with the immigrant visa, she will immediately become a US permanent resident, and also (assuming she's under 18) immediately become a US citizen under INA 320 because she would be living in the US with a US citizen parent.

2. If you guys want to stay abroad and do not plan to move to the US, you can file N-600K to get naturalization for her under INA 322. Once that's approved, you will get a US visitor visa for her to visit the US to take the oath. Once she takes the oath, she will become a US citizen. You will need to show she has no immigrant intent to get a visitor visa.

[abumiqdad]

You adopted this child before they turned 16, right?

She is not a US citizen just because you adopted her. For her to get US citizenship, there are two ways:

1. Petition her to immigrate to the US (i.e. become a US permanent resident). You would file I-130 petition and go through consular processing for a US immigrant visa. Upon entering the US with the immigrant visa, she will immediately become a US permanent resident, and also (assuming she's under 18) immediately become a US citizen under INA 320 because she would be living in the US with a US citizen parent.

2. If you guys want to stay abroad and do not plan to move to the US, you can file N-600K to get naturalization for her under INA 322. Once that's approved, you will get a US visitor visa for her to visit the US to take the oath. Once she takes the oath, she will become a US citizen. You will need to show she has no immigrant intent to get a visitor visa.

Hi Newacct.

For the 2nd route:

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-10018.html

"(5) 6/ The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status."

So the child needs to show non-immigrant intention to be granted B1/B2 visa, and the child must travel alone? (If the USC parent accompanies the child, that B1/B2 visa might have been rejected right?). Also, at PoE, the child needs to convince the officer that she/he has no immigration intention right?

[inadmissible]

Hi Newacct.

For the 2nd route:

So the child needs to show non-immigrant intention to be granted B1/B2 visa, and the child must travel alone? (If the USC parent accompanies the child, that B1/B2 visa might have been rejected right?). Also, at PoE, the child needs to convince the officer that she/he has no immigration intention right?

Yes, no. (No). Yes.

https://fam.state.gov/fam/09FAM/09FAM040202.html 9 FAM 402.2-4(B)(7) Children Seeking Expeditious Naturalization under INA 322

"Naturalization is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child's intended naturalization, however, does not exempt the child from the requirements of INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, whereas a child whose parents habitually reside in the United States will not."

[abumiqdad]

Yes, no. (No). Yes.

https://fam.state.gov/fam/09FAM/09FAM040202.html 9 FAM 402.2-4(B)(7) Children Seeking Expeditious Naturalization under INA 322

"Naturalization is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child's intended naturalization, however, does not exempt the child from the requirements of INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, whereas a child whose parents habitually reside in the United States will not."

Thank you for the answer @inadmissible.

[slimw]

Mother adopting a girl

Hi,

I have a quick question. My mother is still in Africa and we are awaiting i130 approval but she wants to adopt a 7 year old orphan. How do we secure green card for the orphan together with my mother upon approval of i130? Thanks in advance.