Immigration Law Center, L.L.C.
P.O. Box 11032
Montgomery, Alabama 36111-0032 USA

Telephone: (334) 832-9090
E-mail: usvisa@visaus.com

© 2002, Boyd F. Campbell, L.L.C., All Rights Reserved

International adoption bill confers U.S. citizenship on foreign adoptees

Edited by BOYD F. CAMPBELL
Attorney at Law and Civil Law Notary

  On October 12, 2000, Congress passed an international adoption bill that would confer U.S. citizenship on foreign adoptees automatically when they enter the United States as lawful permanent residents in the legal and physical custody of at least one parent who is a U.S. citizen.  The President is expected to sign the bill into law.  Following is a statement from the chief sponsor, Congressman Bill Delahunt, D-Mass.:

  “Nothing personifies the basic compassion of Americans like the tens of thousands of overseas orphans rescued each year by US families.  By opening our homes and hearts, we offer hope to kids born into despair.
  “But it's not easy.  The international adoption process is so complex, expensive and emotional that it's a miracle when things actually work out.
  “I know.  My youngest daughter, who is now a healthy and happy adult, was one of the last infants to escape the fall of Saigon during the 1972 airlift.
  “This experience introduced me to a universe of remarkable people involved, personally and professionally, with international adoptions.  It also opened my eyes to ways that US policy can help, or hinder, the process.
  “Working closely with a bipartisan group of Congressional colleagues, we've made real legislative progress.  We changed the law that made American parents jump through hoops to vaccinate their new children.  And we're trying to ensure that citizenship is conferred automatically on adopted children.
  “I'm especially proud, after two years of hard work, about the recent ratification of the 50-nation Hague Convention, and enactment of legislation to implement it.  As you'll see in the summary of the bill, this treaty is an historic stride to streamline the process and protect the children we all want to help.
  “As usual, the national response has been deep and personal.  If you have comments or questions, please feel free to let me know — or consult a wealth of other resources, from adoption groups to the Internal Revenue Service.

News release:  September 19, 2000

House passes Delahunt child citizenship bill

    “WASHINGTON, D.C. — After months of negotiations, the House approved legislation authored by Congressman Bill Delahunt to confer automatic US citizenship on children adopted from abroad, and on other foreign-born children of American parents.
   “The Delahunt bill would eliminate the need for these families to undergo the bureaucratic naturalization process.  This is especially important for families that have already completed the exhaustive documentation required to adopt a child from overseas.
   "After what these parents have been through in bringing their children to the United States, the naturalization process is an extra burden they shouldn't have to bear," Delahunt said.  "Once the adoption is finalized and a child arrives in the US, that child is an American and should be treated as an American."
   “The bill would grant automatic citizenship to all foreign-born children who are under 18 years of age; admitted to the United States as lawful permanent residents; and in the legal and physical custody of at least one parent who is a US citizen.  Parents would no longer be required to submit an application to have their children naturalized.

Tragic consequences result from mandatory deportation

   “In addition to cutting through red tape and years of delay, the bill would help prevent the tragic consequences experienced by some adoptive families.  Under immigration "reforms" enacted in 1996, children who have lived in the US since infancy but were never naturalized are subject to mandatory deportation and permanent separation from their families if they commit certain crimes.
   “In one well-known case, John Gaul was adopted by a Florida family at the age of four.  Though born in Thailand, he speaks no Thai, has no Thai relatives, knows nothing of Thai culture and had never been back to Thailand until the federal government deported him last year as a criminal alien at the age of 25.  The Gauls had obtained an American birth certificate for John shortly after adopting him, and didn't realize until he applied for a passport at age 17 that he had never been naturalized. They immediately filed the papers, but due to INS delays his application wasn't processed before he turned 18.  An immigration judge ruled that the agency had taken too long to process the application, but that the 1996 law allowed him no discretion to halt the deportation.
  “In another recent instance, Joao Herbert, a 22-year-old Ohioan adopted as a young boy from Brazil, was ordered deported because he had sold 7.5 ounces of marijuana while in his teens.  It was his first criminal offense, for which he was sentenced only to probation and community treatment. But because he had never been naturalized, he was considered an aggravated felon subject to deportation.  He has been in detention for a year-and-a-half because the Brazilians consider his adoption irrevocable and refuse to accept him.  Were they to do so, it is unclear how he would manage.  H knows no one in his native country and no longer understands his native tongue.
  “No one condones criminal acts," Delahunt said.  "But the terrible price these young people and their families have paid is out of all proportion to their misdeeds.  Whatever they did, they should be treated like any other American kid."
  “By granting automatic naturalization to minor children of U.S. citizens, the Delahunt bill would prevent such cases from occurring in the future.  His original legislation would also have permitted children over 18 — such as Gaul and Herbert — to avoid deportation by applying for naturalization under existing law.  But while Delahunt was unable to win agreement to include this provision in the final bill, the final text does provide relief from deportation for one particular group of noncitizens who are deportable under the 1996 act: those who voted in U.S. elections in the reasonable (though mistaken) belief that they were citizens at the time.”

Frequently Asked Questions

    The Child Citizenship Act of 2000 (HR 2883)  amends the Immigration and Nationality Act to grant automatic citizenship to children born abroad who are (1) under 18 years of age; (2) admitted to the U.S. as a lawful permanent resident; and (3) in the legal and physical custody of at least one parent who is a U.S. citizen.  The bill eliminates the current requirement that the parents of such children submit an application to have their children naturalized.  It applies equally to all children of U.S. citizen parents who are lawfully admitted for permanent residence, regardless of whether or not they were adopted.

Q.  When will the bill go into effect?
A.  The effective date is 120 days after the bill has been passed by both houses of Congress and signed by the President.

Q.  How will the bill affect adopted children?
A.  Under the bill, children adopted from abroad by U.S. citizens receive the same treatment as children born abroad to U.S. citizens.  A child whose adoption is completed abroad becomes a citizen immediately upon entry into the U.S. as a lawful permanent resident.  In cases where the child is coming to the U.S. for purposes of adoption (but has not yet been adopted), that child becomes a citizen (having entered the U.S. as a lawful permanent resident) the moment the adoption becomes final.

Q.  Will the bill apply to children adopted before it goes into effect?
A.  Yes.  The bill will confer automatic citizenship on any child who meets the three conditions set forth above as of the effective date, regardless of the date of the child's adoption or entry into the United States.

Q.  Does "automatic" really mean "automatic", or will parents still be required to take steps to ensure that their children are granted citizenship?
A.  Once the conditions have been met, citizenship will be conferred by operation of law, without any further action required on the part of the family or the government.  However, parents may still wish to obtain a document showing proof of citizenship for the child, such as a passport or certificate of citizenship, and we anticipate that the INS will issue guidance as to how this may be done.

Q.  What should parents do if they have already applied for citizenship for the child?
A.  Nothing.  If the bill goes into effect while the application is pending, the child will become a citizen as of that date and will no longer need to be naturalized.

Q.  Will children of American citizens who do not live in the U.S. be able to become citizens as well?
A.  Yes, but citizenship will not be automatic in such cases.  A parent will be able to apply for naturalization on behalf of the child as under current law, provided that the child is temporarily present in the U.S. pursuant to a lawful admission and at least one parent or grandparent has been physically present in the U.S. for a minimum of five years (at least two of which were after attaining the age of 14 years).

How to get a certificate of citizenship for your child

    In general, children who are less than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization-will benefit from this new law.  Under the law, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship; children who live abroad acquire citizenship by application.
   INS is working on streamlining the process under the new law, but for right now, you will have to use the following process for obtaining a certificate of citizenship for your child.  In addition, you may obtain a passport for your child from the Department of State.

What forms do you file and what are the fees?

    If you are want a Certificate of Citizenship for a biological child, you file Form N-600, Application for Certificate of Citizenship with a $185.00 fee; or
    If you want a Certificate of Citizenship for an adopted child, you file Form N-643, Application for Certificate of Citizenship in Behalf of an Adopted Child with a $145.00 fee; or
    If you are applying for a Certificate of Citizenship for a biological or adopted child who currently lives outside the United States, you may also need to file Form N-600/N-643, Supplement A, Application for Acquisition of Citizenship Through a Grandparent, with the Form N-600 or Form N-643.  There is no additional fee for this supplement.

Q.  I am filing for a foreign born biological child who lives in the United States. What documents do I have to submit with the form?
A.  For children who have immigrated to the United States, parents will not be required to submit any evidence that is already contained in the INS file, including translations of documents.  If your child has immigrated to the United States (has a "green card"), you should submit:
    Photographs of your child
    Fee

Q.  I am filing for a foreign born adopted child who lives in the United States. What documents do I have to submit with the form?
A.  For children who have immigrated to the United States, parents will not be required to submit any evidence that is already contained in the INS file, including translations of documents.  If your child has immigrated to the United States (has a "green card") after a full and final adoption abroad, you should submit:
    Photographs of your child
    Fee
    If your child has immigrated to the United States (has a "green card") to be adopted or re-adopted, you must submit:
    Photographs of your child
    Fee
    Evidence of a full final adoption
    Evidence of all legal name changes (if applicable)

Q.  I am filing for a child who lives abroad. What documents do I have to submit with the form?
A.  If your child has not immigrated to the United States (does not have a "green card"), you should submit:
    Photographs of your child
    Fee
    Your child’s birth certificate
    Your birth certificate or naturalization certificate
    Your marriage certificate (if applicable)
    Evidence of termination of previous marriages (if applicable)
    Evidence of a full and final adoption (if applicable)
    Evidence of all legal name changes (if applicable), and
    Form N-600/N643 Supplement A (if applicable)

Q.  I am filing for a child who lives abroad. How do I know if I need to file the Form N-600/N-643, Supplement A?
A.  Under the Child Citizenship Act, the U.S. citizen parent of a child living abroad must have five years of physical presence in the United States or its outlying possessions with at least two years occurring after age 14, in order to apply for citizenship on behalf of the child. If you cannot meet this requirement, the law allows you to rely on the physical presence of your citizen parent to apply for citizenship. If you are relying on the physical presence of your U.S. citizen parent, you must file the Form N-600/N-643, Supplement A.

Q.  Where should I file the forms?
A.  If you are filing for a child who lives in the United States, file the Form N-600 or N-643 at the INS district office or suboffice in the United States with jurisdiction over your place of residence.  If filing for a child, who lives abroad, you may file the Form N-600 or N-643 at any INS district office or suboffice in the United States. You and your child will need to travel to the United States to complete this application process.

    Boyd F. Campbell began his law practice in Montgomery, Alabama, in 1988.  He is former Chair of the Immigration Law Committee of the American Bar Association's General Practice, Solo & Small Firm Lawyers  Section.  He was a member of the ABA’s Coordinating Committee on Immigration Law from 1994 to 1998.  He is also a member of the American Immigration Lawyers Association and served as Chair of the International Law Section of the Alabama State Bar from 2000 to 2002.  He was appointed the first practicing civil law notary in Alabama by the Alabama Secretary of State in 2001.  Mr. Campbell is listed in The Best Lawyers in America Consumer Guide, which is available by subscription at www.bestlawyers.com.

Questions or comments about this article may be directed to:
Immigration Law Center, L.L.C.
P.O. Box 11032
Montgomery, Alabama 36111-0032 USA

Telephone:  (334) 832-9090
E-mail:  usvisa@visaus.com

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