It's for a fan-fiction I'm working on, if a british child was adopted by american parents, and they lived in america, and then both parents died on vacation in England could the child return to America without a visa?
Immigration - 3 Answers
Random Answers, Critics, Comments, Opinions :
1 :
any foreign child adopted by US parents would need an immigrant visa to come to the US. under current laws, If the child entered the US under the age of 18, the child would automatically become a US citizen. so, since Americans don't need visas to travel to the US, the child woudn't need a visa. EDIT: Ruth, sorry, but you're wrong. It falls under the provisions of the Child Citizenship Act of 2000 and has been into effect since February 2001. You can look it up for yourself at http://www.uscis.gov/files/pressrelease/CCA_102504.pdf
2 :
An orphan child that is adopted by US citizens, from any country, would become a citizen automatically once the adoption is finalized in the US. Before then the child would get a temporary visa to travel to the US. So in your scenario the girl would probably be a citizen and allowed to return to the US without a visa if she's already lived there and the adoption is final in the US. If the child has not yet come to the US and the adoption is not final there the child would not be able to travel to the US without a visa and would probably have no more rights that any other non-American in the world.
3 :
George L is wrong about any child entering the USA under the age of eighteen is automatically an American Citizen!!!! The child must have an Immigrant Visa and will be issued a Green card, that is if both Adopted parents are American. The child is STILL an Alien! When he is eighteen years old, then he can apply for citizenship. Now, to answer your question - The thing is, Has the child ever BEEN in the United States, and the parents go back to England with the child for a vacation, and THEN died there!? If the child is a minor, and has already got his passport, and green card, the authorities MAY allow him to return to the States IF there are any relatives of the Adopted Parents who would take care of him! If there isn't, the child may be held in the UK. He is still a British Citizen. But, if he has NEVER been to the USA and as both parents are dead, then the adoption will be cancelled!
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