CURRENT SITUATION WITH ADOPTEES’ NATURALIZATION

When a parent or a couple adopts a child and the full and complete adoption was completed overseas, the child would usually enter the United States with an IR-3/IH-3 visa. The IR-3 visa requires that the married parent(s) personally saw and observed the child before or during the adoption process, or the unmarried U.S. citizen parent personally saw and observed the child before or during the adoption process. In the event that the parent did not personally see and observe the child, the U.S. Embassy or consulate should issue an IR-4/IH-4 visa. The child who has an IR-4 visa will receive a permanent resident card known as a green card after admission to the United States. However, receiving an IR-4 visa is rarely the case for adoptees.

Generally, when U.S citizens complete adoption procedures outside of the U.S, in the child’s home country, then the child is eligible to get the IR-3 visa. However, the IR-3 visa does not mean the adoptee will receive a Certificate of Citizenship. All IR-3 visa children are admitted as permanent resident aliens.

The IR-3 visa allows the child to come and live in the U.S with the adopted parents, attend school, continue into higher education studies, work without an Employment Authorization Document (EAD), and ultimately obtain U.S citizenship when eligible.

HOW TO APPLY FOR CITIZENSHIP FOR THE ADOPTEE

Through the Child Citizenship Act of 2000, most foreign-born adopted children acquire U.S. citizenship as soon as they enter the U.S. Hence, they do not need to formally apply to become citizens. There are few requirements in order for the adoptee to be eligible under the Child Citizenship Act. The applicant child: (1) must be younger than eighteen (18) years of age; (2) has at least one adoptive parent who is a U.S. citizen by birth or naturalization; (3) is in the legal and physical custody of the U.S. parent and is currently living in the U.S.; (4) has lawful permanent resident status; (5) and was adopted in accordance with other applicable immigration laws.

However, to err on the side of caution and prevent clerical errors, the adoptive parent(s) should apply for the child(ren)’s citizenship. This is because what has been happening to many adoptees is that the U.S. citizen parent(s) did not know of the IR-3 visa, forgot to file an application for the IR-3 visa, or the CCA did not automatically give the adoptee U.S. citizenship status, resulting in a no citizenship status on the adoptee.

After the completion of the IR-3 visa application, the child will be mailed a Permanent Resident Card, rather than a Certificate of Citizenship. In order to receive the Certificate of Citizenship, the adoption must be full and final in the United States, and Form N-600 should be filed.

WHAT ACTIONS NEED TO BE TAKEN

The U.S. citizen adopting parent(s) should file for the IR-3 visa (if the full and final adoption is completed abroad) before the child’s 18th birthday in order to avoid mishaps with the adoptee’s citizenship status. Lastly, the IR-3 visa requires that the parent, at least one parent (if married), physically see the child prior to or during the adoption proceedings.

Fortunately, in the event that the IR-3 visa was not properly executed and filed, the process of readoption is available. In California, Senate Bill 1393 amended the Family Code Section 8919 to include specific requirements that must be met in order for a final readoption order to be issued.

Those requirements include: (1) at least one post-placement visit by a California adoption agency licensed by the Department to provide intercountry adoption services; (2) filing of an Adopt 200–Adoption Request (Adopt-200) with the California Superior Court in the petitioner’s county of residence; (3) filing of the intercountry adoption court report by the licensed adoption agency conducting the post placement visit(s); (4) accounting reports detailing adoption expenses; (5) the homestudy report previously completed for the finalized intercountry adoption by a California licensed adoption agency licensed to provide intercountry adoption services (Note: Completion of a second home study is not necessary.); and (6) the final adoption decree or order from the country of the child’s birth.

Thus, it is highly recommended that the adopting U.S. citizen parent(s) who adopted a child from another country in conformity with that country’s adoption laws, fully protect the child by completing the process of readoption. Readoption in the United States will ensure that the adoptee will enjoy all the benefits of the parent-child relationship in all 50 states with respect to issues such as immigration, inheritance, and other issues. Moreover, with a readoption, the adoptee will receive a U.S. birth certificate, and the adopting parents’ status as the “parent” of child will be recognized in every State.

READOPTION IN CALIFORNIA

The process for obtaining a readoption in California, which will be recognized by all 50 states.  A California Adoption Request must be filed and the following supplementary documents must be included: immigration documentation; certified, translated copies of the foreign adoption decrees; a birth certificate from the child’s home country; and any other required documents. A post-placement visit to your home by a California homestudy agency. This can be one visit, although there may be up to four visits.

Then, a report will be drawn up by the California homestudy agency following the post-placement visit(s). This report will assess the child, the adoptive parents, information on the child’s background such as birth parents and whether the foreign adoption was legally conducted, and provide a recommendation for or against readoption in California, which then would be filed to the court.

Lastly, an adjudication hearing with the judge will be given, where the judge will review the report and the submissions that the adopting parent(s) filed.  The Judge will then make the final decision on whether to approve the readoption.

The process of readoption may be more simple than the adoption process itself. However, due to the high volumes of paperwork and filings that come with the readoption process, it may be wiser to seek legal representation. (TLG)