[expand title=”Citizenship Through Re-Adoption for Internationally Adopted Children”]
We recently received a phone call from an adoptive mother, whose child was adopted from Ukraine in the early 90’s. Her child is now getting ready to enroll in college and needs some proof of US citizenship.
We could not provide such proof, because the citizenship process takes place after the adoption and is solely the responsibility of the parents. We are out of the loop. Upon realizing that her 19 year old son is not a citizen and would have to apply for citizenship himself just like an immigrant, she quickly became distressed.
It is necessary for your child to be a US citizen in order to be allowed to vote when they reach 18 years of age, apply for certain jobs, etc. Hence, we are publishing this article for the benefit of any other families who may be headed for a similar struggle that is completely avoidable.
Please note this article is for informational purposes only; if you require further assistance in these areas, you will need to contact the appropriate authorities (your local superior court for re-adoption and Citizenship & Immigration Services for citizenship application).
The rules and processes have changed over the years, so to ensure you understand the rules that apply to you, this article is broken up into 3 sections.[/expand]
[expand title=”If your child’s adoption was completed before the Child Citizenship Act of 2000 went into effect on February 27, 2001, read this section.”]
Before the Child Citizenship Act, the adoption paperwork performed in other countries was not useful for much in the US. Upon returning home, it was necessary for you to complete a re-adoption of your child. The purpose of re-adopting is to have a US Court confirm the validity of the adoption and create a legal adoption document in the United States. This document is called a Final Decree of Adoption or some variation of that name.
Readopting and receiving this final decree was also a prerequisite to apply for US citizenship for your child and must be completed before your child turns 18.
Yes, your child is yours and your adoption was real, but if you did not complete these two additional processes, your child is NOT a US citizen.
It’s important to understand that there were 3 separate and distinct processes to be completed:
- The adoption of your child was completed in your child’s country of origin and makes that child your legal responsibility and heir.
- The re-adoption of your child would have been completed in your local superior court after you returned home from adopting the child; this provides you with a Final Decree of Adoption.
- The citizenship application process goes through Citizenship & Immigration Services (CIS), formerly known as Immigration & Naturalization Services (INS) and makes your child a United States citizen with all the rights and responsibilities thereof.
If you don’t remember what all you did, the best way to know for sure is to dig out your adoption related paperwork and look for your child’s Final Decree of Adoption issued by your local court and their Certificate of US Citizenship issued by the United States Department of State.
Many people believe that a social security card is proof of citizenship; it is not. A foreign adopted child must have a Certificate of US Citizenship issued by the US Department of State.
If you have both of these things, you’re in good shape. If you believe you completed these processes but cannot find your supporting documents, you can get a certified copy of the Final Decree of Adoption from the court that performed it, and you can contact your regional CIS service office to inquire about getting a certificate of citizenship.
Visit www.uscis.gov to get the contact information for your regional CIS service office.
If you discover that you did not complete these processes, you can still do it no matter how long ago your adoption was completed as long as your child is still under 18 years old.
While the process of readopting and applying for citizenship may sound like a chore, believe me, it is the easy option.
- If your child turns 18 without already being a US citizen, he or she is considered an immigrant and has to apply the old-fashioned way, take a test, and swear an oath, the whole nine yards.
- If you are already in this situation, encourage your young adult child to begin this process as quickly as possible; there is usually a waiting list to even begin, and until he or she becomes a citizen, they will not be able to vote, enlist in the military, or apply for certain jobs that are all rights reserved for United States citizens.
- If your child is still a minor, you can still complete the re-adoption and citizenship application for them. Please note, the re-adoption process is a legal proceeding performed in a court by your local government.
- Unfortunately, Small World cannot perform the re-adoption for you.
The process varies from state to state, but the end result will be a Final Decree of Adoption (some states have variations of this name as well).
- Your first step should be to call your local courthouse and inquire about what is necessary to complete a re-adoption. In many states, it will require hiring an attorney to assist you.
- The average cost for completing re-adoption is $1,000. If you do need to hire an attorney, we recommend that you choose an attorney who specializes in adoption and has performed re-adoptions before. You can find such attorneys through the American Academy of Adoption Attorneys at www.adoptionattorneys.org.
- At the time of your adoption, the government officials of your child’s country of origin gave you all the supporting documents necessary to complete this process. Hopefully, you have kept them.
- Foreign government agencies were not in the habit of providing Small World with the same paperwork. So unless you personally gave us a copy, we unfortunately do not have it and most likely cannot get it for you.
- We may be able to get you in contact with people who can help, so do not hesitate to call us if you have trouble.
Once you complete your child’s re-adoption or if you already have a final decree but no certificate of citizenship, you’re halfway home; you need only apply for citizenship for your child through CIS. You will need to submit form N-600 along with the appropriate fees and supporting documents.
- You can download this form and further instructions from www.uscis.gov.
- Go to the tab labeled “Immigration Forms,” and then click the button labeled “Adoption Based Forms.”
- If you have any questions about the form or doubt that it is the appropriate form for your child’s situation, you may call 1-800-870-3676 for clarification.
After the application is successfully processed, you will receive a Certificate of US Citizenship from the US Department of State; this is the only valid proof of your child’s citizenship status. If you do not receive it, you should follow up with your CIS service office. Once you receive that certificate, you’re done! Your child is now a US citizen and has all the necessary paperwork to prove it.
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[expand title=”If you completed your adoption between February 27, 2001 and January 19, 2004, read this section.”]
Under the Child Citizenship Act of 2000, if a child is fully, legally adopted in the foreign country AND if both parents traveled to adopt the child, that child automatically becomes a US citizen as they pass through immigrations in the US.
- These children arrive in the US under an IR-3 visa (check the immigration stamp in the back of your child’s foreign passport to be certain).
- If your child came to the US under an IR-4 visa, which happens when only 1 parent travels, you will need to complete re-adoption and apply for citizenship as detailed in the section above.
- If your child had an IR-3 visa, they are a United States citizen, but you still need to obtain proof of your child’s US citizenship.
In order to obtain a Certificate of US Citizenship, you need to submit form N-600 to your CIS service office if you have not already done so. You can download this form and further instructions from www.uscis.gov.
- Go to the tab labeled “Immigration Forms,” and then click the button labeled “Adoption Based Forms.”
- If you have any questions about the form or doubt that it is the appropriate form for your child’s situation, you may call 1-800-870-3676 for clarification.
- After the application is successfully processed, you will receive a Certificate of US Citizenship from the US Department of State; this is the only valid proof of your child’s citizenship status.
- If you do not receive it, you should follow up with your CIS service office. Once you receive that certificate, you’re done!
Your child now has all the necessary paperwork to prove their citizenship.
[/expand]
[expand title=”If you completed an adoption January 20, 2004 or later, read this section.”]
Things have gotten a lot easier as of January 20, 2004.
- Under the current system, not only is a child entering the states under an IR-3 visa automatically a US citizen, you are also automatically mailed a Certificate of Citizenship without filling out any more applications or requests.
- These certificates should be provided within 45 days of entry into the US. If you have been home longer than that and have not received your certificate, you may want to follow up with your CIS service office.
- Children who enter the states under an IR-4 visa are still a different story. If that is your case, you will need to complete re-adoption and apply for citizenship as outlined in the first section of this article.
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