Help with Adoption of Adult Needing Citizenship

[kh81427 0]

I am in need of help in determining the steps required to get my adopted daughter US Citizenship.

This is the story.

She was brought to the US in ~2006 on a IR4 from Liberia at around age 10 by a family in Kansas. About a year later, the family in Kansas decided to give her up and start the process of putting her into the state system. My wife and I heard about this and brought her to live with us in early 2007. My wife and I attempted to adopt, but were halted because the international adoption was never finalized by the Kansas couple. Several years later, and due to our prodding, the international adoption was finalized (i do not recall seeing the final papers). Our daughter was granted a Kansas birth certificate and SS card with the last name of the Kansas couple.

My wife and I have now completed the adult adoption of our daughter and she has a Kansas Birth certificate, SS card and State ID with our last name.

She is now 20 and is hoping to attend college this fall and the financial aid office has raised the issue of her citizenship (news to me as I thought adoption would do that).

What steps should I take to get her official US citizenship? N400 seems like the likely step, but there are lots of potential issues with this.

Any advice?

By the way, I don't think that she lived with the Kansas family for 2 years which might have qualified her to had her child adoption by the Kansas couple and already be a US citizen. I wish I had the Kansas adoption paperwork and knew for sure how old she was when it was completed. She was over 16, but possibly under 18.

thanks in advance.

[aaron2020 11,651]

Hi,

This is not a DIY. You need a good immigration lawyer versed in adoption to go through this to determine if she is a USC or not. If she does not qualify to be a USC, a false claim of citizenship is a serious matter and not forgiven if you make a mistake. She could end up in big trouble.

Under the Child Citizenship Act, she must have lived with the Kansas couple after her adoption to qualify for US citizenship through them. If she did not, then she could not have gotten US citizenship from them. You adopting her after her 18th birthday would also not give her citizenship.

Best of luck.

Edited July 12, 2016 by aaron2020

[mdanner423 9]

A birth certificate from a US state and a social security card can be used to get a Passport which is prime citizenship proof? I'm confused by the whole situation. She has a birth certificate, what more does a school want? Most students don't have passports or other citizenship proof.... Seems like you already have her as a citizens so N-400 or any forms would be necessary?

[aaron2020 11,651]

A birth certificate from a US state and a social security card can be used to get a Passport which is prime citizenship proof? I'm confused by the whole situation. She has a birth certificate, what more does a school want? Most students don't have passports or other citizenship proof.... Seems like you already have her as a citizens so N-400 or any forms would be necessary?

Adoption and an immigration benefit are different things. A person can be adopted without being able to get an immigration benefit. Just because a state court allows an adoption, it doesn't mean that person has the right to citizenship.

[mdanner423 9]

States issue birth certificates to non-citizens?

[newacct 688]

According to 7 FAM 1159.2(b)(4), if the child entered as IR-4, they must be re-adopted in the US before their 18th birthday in order to get US citizenship from the parents. So you need to figure out whether this was before or after her 18th birthday.

Anyway, even if she isn't a US citizen, she would be a US permanent resident, and have many of the types of financial aid available to her anyway.

[mdanner423 9]

A child who enters the United States on an IR4 visa (to be adopted in the United States) will acquire American citizenship when the adoption is full and final in the United States.

https://travel.state.gov/content/adoptionsabroad/en/adoption-process/faqs/child-citizenship-act-of-2000.html

I believe based on your information, she is already a citizen. If the school is being stupid and not thinking she is even though she has a birth certificate, apply for a passport but also talk to someone else and ask what evidence all the other kids provide. I bet it's a birth certificate and social security card....

The Department of State seems to think a birth certificate from a US state is primary evidence of U.S. Citizenship.... I would put my money on she is a citizen and the school is being stupid, go above whoever you're talking to there.

Primary Evidence of U.S. Citizenship (You must submit one of the following. Photocopies and notarized copies are not acceptable):

• Previously issued, undamaged, and fully valid U.S. Passport (5 year for minors or 10 years for adults)
• Certified U.S. birth certificate (must meet all of the following requirements):
  • Issued by the City, County, or State of birth
  • Lists bearer's full name, date of birth, and place of birth
  • Lists parent(s) full names
  • Has date filed with registrar's office (must be within one year of birth)
  • Has registrar's signature
  • Has seal of issuing authority
  • Photocopies and notarized copies are unacceptable
• Consular Report of Birth Abroad or Certification of Birth
• Naturalization Certificate
• Certificate of Citizenship

[aaron2020 11,651]

She was adopted by people she wasn't living with. There was no true parent child relationship at the time of adoption. It was done so she could be adopted by another couple.

[mdanner423 9]

I don't think it matters, for her to have a birth certificate it all worked itself out at some point. I would just apply for a passport, which is primary evidence of citizenship. I don't see how someone can have a birth certificate but not be a citizen. I wouldn't go back through other people's adoption process and try to figure it all out. She has all the evidence of citizenship that any American kid does.

There is no way for you to adopt an adult and get them citizenship. She would have to marry an American or otherwise win the green card lottery, wait 5 years, apply for naturalizations. I think it's all irrelevant though because she seems to already be a citizen!

Edited July 12, 2016 by mdanner423

[JimmyHou 613]

A birth certificate from a US state is not, in and of itself, proof of US citizenship.

New York, for example, allows adult adoption and will issue a new birth certificate to the adopted party, even if he/she is 50 years old. That person, may or may not be a US citizen, however.

The birth certificate will state that the adopted party was born outside the US. If that person tries to use that birth certificate to get a US passport, the State Department will ask for additional proof of citizenship.

I don't want to distract from the OP's specific issue, which is different because of the age of the child, and which is complex because of the fact that the adoption seems to have been completed after the adopted parents gave up guardianship of the child.

I just wanted to point out (just in case other readers were not aware) that the birth certificate itself isn't sufficient proof of citizenship in all cases. This needs to be sorted out before anyone applies for a passport; applying for one when you are not a citizen is considered a false claim of citizenship and has serious consequences.

Edited July 12, 2016 by JimmyHou

[mdanner423 9]

Can you post a source on this? Can't find it anywhere.

A birth certificate from a US state is not, in and of itself, proof of US citizenship.

New York, for example, allows adult adoption and will issue a new birth certificate to the adopted party, even if he/she is 50 years old. That person, may or may not be a US citizen, however.

The birth certificate will state that the adopted party was born outside the US. If that person tries to use that birth certificate to get a US passport, the State Department will ask for additional proof of citizenship.

I don't want to distract from the OP's specific issue, which is different because of the age of the child, and which is complex because of the fact that the adoption seems to have been completed after the adopted parents gave up guardianship of the child.

I just wanted to point out (just in case other readers were not aware) that the birth certificate itself isn't sufficient proof of citizenship in all cases. This needs to be sorted out before anyone applies for a passport; applying for one when you are not a citizen is considered a false claim of citizenship and has serious consequences.

[EM_Vandaveer 2,427]

A US birth certificate is proof of citizenship ONLY IF it lists a place of birth in the USA. Adoption does not change one's place of birth.

[kh81427 0]

Wow! Thanks to all for the responses.

My best hope, i think is that the Kansas couple completed the adoption before she was 18. I think there is an issue with her having to live with them for 2 years after arriving in the US as well.

Her KS birth certificate does list that she was born in Liberia.

Ugh!

[EM_Vandaveer 2,427]

@ mdanner423

You are a USC if you were born in the US. Having a US birth certificate that lists a place of birth outside the US obviously does not prove US citizenship. To me, that's common sense.

Edited July 12, 2016 by EM_Vandaveer

[EM_Vandaveer 2,427]

OP even if she's not a citizen, she is supposed to be an LPR (Green Card holder) after entering on an IR-4. Try to find proof of this.