Court Determines that Stepchild Does Not Fall Under Definition of Child

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born and never adopted him.  This decision finds that the definition of “child” in INA §101(c)(1), the part of the Immigration and Nationality Act that applies to citizenship, does not encompass stepchildren. The court also found that Congress did not intend for INA §101(b)’s definition of child, which does include stepchildren, to apply to INA §320(a).

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About ABCs of Immigration Law
The global economy has become increasingly transactional and transcontinental. Since 9/11, there have been many amendments to immigration laws in the United States that have largely affected both individuals and businesses. Cozen O'Connor's immigration law blog, ABC's of Immigration Law, focuses on the interests and the challenges faced by those individuals and business impacted by immigration laws.
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