Monday, November 30, 2009

Citizenship Documents

The Child Citizenship Act of 2000 indicates that foreign adopted children are US Citizens upon arrival to the United States IF they arrived here on an IR3 Visa. Most children from Ethiopia arrive to the U.S. on an IR4 Visa (i.e. the final adoption takes place here, and not in Ethiopia). In order for the adoption to have been completed in Ethiopia, you would have had to have met the child prior to the adoption.

So, children who arrive on an IR4 Visa must have their adoption recognized by the United States. The way we chose to do this, is to readopt her here in State Court. Once this readoption is complete, the child is a U.S. Citizen...and has the ability to obtain a U.S. Passport, Social Security number, and a Certificate of Citizenship.

Certificate of Citizenship - This procedure protects your child from deportation for a lifetime. Children who arrive on a IR3 visa get the certificate of citizenship (proof of citizenship) mailed to them automatically within 45 days of arrival from the Department of Homeland Security. Children with IR4 visa + readoption, have to *apply* for the CoC, and will not get it automatically. This document is *proof* of citizenship, even if the passport is lost...or whatever. The document is good for a lifetime. This document comes from the Department of Homeland Security.

The Social Security Number - allows you to take the child as a dependant and receive tax credit. Plus, it allows the child to qualify for certain services as they grow up, and allows them to show proof of their eligibility to work, obtain financial aid, etc. This document comes from the Social Security Administration.

The U.S. Passport - allows the child to come back into the country after travel. May not always be 'sufficient proof' of citizenship as they can be lost or forged. U.S. Department of State does Passports.

If these final steps are not completed, and these pieces of paper are not acquired, it's possible that the child:

(even as an adult) can be deported
will not be able to prove that you are her legal parent
may not receive child support in the case of divorce
may not be protected in case of your death
may not be able to re-enter the United States after a vacation
and may not be able to be claimed as a dependant on income taxes

Since we all are well aware how things change...and how one applicable rule can be "forgotten" as time passes, such that, in 10+ years, your child may not be 'eligible for a passport' or some equally asinine new "rule." It's important to get these things done sooner than later...while these current rules are in-place, and proof of citizenship is actually obtainable for your child. The further you get from the adoption...and the older the child gets...the come "complicated" it becomes.

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