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The record states the applicant was born in China, admitted as a lawful permanent resident on May 5, 2006, and seeks citizenship through a U.S. citizen step-father. The decision finds no evidence of adoption or satisfaction of adopted-child requirements and concludes strict compliance is not met, ordering that the appeal is 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\nU.S.Citizenship  \nand Immigration  \nServices  \nE   \n# PUBLIC COPY\n\nDateAUG 172007  \nOffice:VERMONT SERVICE CENTER  \nIN RE:  \nApplicant:  \nAPPLICATION:Application for Certificate of Citizenship under Section 320 of the Immigration andNationality Act;8 U.S.C.§1431.  \nON BEHALF OF APPLICANT:  \n## INSTRUCTIONS:\n\nThis is the decision of the Administrative Appeals Offce in your case.All documents have been returned tothe office that originally decided your case.Any further inquiry must be made to that office.  \noEllenL.  \nRobert P.Wiemann,ChiefAdministrative Appeals Office  \nDISCUSSION:The application was denied by the Director,Vermont Service Center,and is now before theAdministrative Appeals Office(AAO)on appeal.The appeal will be dismissed.  \nThe record reflects that the applicant was bom on December221988 in China.The applicant's parentsasindicated in his birth certificate,areThe applicant's mother marriednaturalized U.S.citizen,on October 15,2003.The applicant was admitted to the United States as alawful permanent resident on May 5,2006 on the basis of an approved petition filed on his behalf by his step-father.The applicant presently seeks a certificate of citizenship pursuant to section 320 of the Immigrationand Nationality Act (the Act),8 U.S.C.§1432,claiming that he acquired U.S.citizenship through his step-father.  \nThe director denied the applicant's citizenship claim upon finding that the statute did not permit acquisition ofU.S.citizenship through a step-parent.The application was denied accordingly.  \nOn appeal,the applicant claims that he was adopted onand therefore may acquirecitizenship as an adopted child ofSee Statement of the Applicant on Form I-290B,Notice ofAppeal.  \nThe definition of “child”applicable to the citizenship and nationality provisions in Title Ⅲ of the Act iscontained in section 101(c)of the Act,8 U.S.C.§1101(c),and provides as follows:  \n…an unmarried person under twenty-one years of age and includes a child legitimated under the lawof the child's residence or domicile,or under the law of the father's residence or domicile,whether inthe United Sates or elsewhere,and except as otherwise provided in section 320 and 321 of the title Ⅲ,a child adopted in the United States,if such legitimation or adoption takes place before the childreaches the age of 16 years...and the child is in the legal custody of the legitimating or adoptingparent or parents at the time of such legitimation or adoption.  \nIn contrast to Section 101(b)of the Act,8 U.S.C.§1101(b),the definition of \"child\"for Title II purposesdoes not include a \"step-child.\"  \nSection 320 of the Act was amended by the Child Citizenship Act of 2000(CCA),and took effect onFebruary 27,2001.The CCA benefits all persons who had not yet reached their 18th birthdays as of February  \n27,2001.Because the applicant was 13 years old on February 27,2001,he meets the age requirement forbenefits under the CCA.  \nSection 320 of the Act,8U.S.C.§1431,states in pertinent part that:  \n(a)   A child born outside of the United States automatically becomes a citizen of theUnited States when all of the following conditions have been fulfilled:  \n(1)   At least one parent of the child is a citizen of the United States,whether bybirth or naturalization.  \n(2)   The child is under the age of eighteen years.  \n(3)  The child is residing in the United States in the legal and physical custody ofthe citizen parent pursuant to a lawful admission for permanent residence.  \n(b)   Subsection (a)shall apply to a child adopted by a United States citizen parent if thechild satisfies the requirements applicable to adopted children under section1101(b)(1)of this title.  \nThe applicant was admitted to the United States as a lawful permanent resident on May 5,2006,at the age of  \n17.The applicant's parents are not U.S.citizens.The applicant's step-father is a U.S.citizen.The applicantclaims that he acquire","cbCairKONAQaUY3j","https://ap.wps.com/l/cbCairKONAQaUY3j","pdf",203619,"English","# INSTRUCTIONS\n# DISCUSSION\n## Definitions and legal framework\n## Application of Section 320\n# ORDER","[{\"question\":\"What action did the Administrative Appeals Office take on the appeal?\",\"answer\":\"The Administrative Appeals Office dismissed the appeal.\"},{\"question\":\"Why was the citizenship claim under Section 320 denied?\",\"answer\":\"The record lacked evidence that the applicant was adopted or otherwise met the statutory requirements for adopted children.\"},{\"question\":\"What standard of proof did the decision require from the applicant?\",\"answer\":\"The decision states the burden of proof was on the claimant to establish citizenship by a preponderance of the evidence, which the applicant did not meet.\"}]","PUBLIC COPY - Administrative Appeals Office Decision | PDF"]