Help with Adoption of Adult Needing Citizenship

[mdanner423 9]

They are correct, as odd as it sounds Kansas does issue birth certificates to non-citizens. http://www.kdheks.gov/vital/adoption_foreign_child.html

They do say that when you file it they give you the necessary information to file it with the feds too, so maybe the original parents did?

Would N-600 fit for the OP to do?

[kh81427 0]

I do have a green card for her previous name that expired in late 2015, i believe. Didn't think she needed it anymore after the adoption, but we still have it.

[JimmyHou 613]

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

Which part are you confused about?

USCIS clearly states that immigration is only valid for adoption of minors, not adults.

That's in the USCIS Policy Manual.

And New York does allow adult adoption (other states do too) and will issue a birth certificate with the names of the adoptive parents.

Here's some info for adult adoption and birth certificates in California:

http://www.scscourt.org/self_help/probate/adoption/adoption_adult.shtml#bcert

States that allow adult adoption (as far as I know, all of those that do so) do not require the adult to be a US citizen. So they just give you a birth certificate that says that you were born somewhere else.

[mdanner423 9]

Hmmm if she was a GC for more than 5 years, perhaps she can do N-400? They might kick it back if they determine she is already a citizen and have you do N-600.

This does seem messier than it first appeared. I think the first responder saying go to a lawyer gave the best advice. Multiple identities, adopters, permanent resident, citizen. It's a mess!

Edited July 12, 2016 by mdanner423

[JimmyHou 613]

They are correct, as odd as it sounds Kansas does issue birth certificates to non-citizens. http://www.kdheks.gov/vital/adoption_foreign_child.html

They do say that when you file it they give you the necessary information to file it with the feds too, so maybe the original parents did?

Would N-600 fit for the OP to do?

I think that for an N600 the applicant would have to be able to demonstrate that she is already a citizen, just like applying for a passport.

If she is a citizen, she can bypass the N600.

If she isn't, then she won't be able to successfully file an N600.

The N600 does not confer citizenship; it just allows USCIS to issue a certificate to someone who is already a citizen.

I think that the best course of action is to consult someone who is very familiar with the law who can tell the OP if the young lady is or is not a citizen.

[JimmyHou 613]

Hmmm if she was a GC for more than 5 years, perhaps she can do N-400? They might kick it back if they determine she is already a citizen and have you do N-600.

This does seem messier than it first appeared. I think the first responder saying go to a lawyer gave the best advice. Multiple identities, adopters, permanent resident, citizen. It's a mess!

Let me make it even messier...

The N400 asks if your parents are US citizens... what does she write?

If she says yes, then she'll has to show that she is not a US citizen herself... because citizens are not eligible to file an N400.

This may not be all that hard to do.

There are several paths forward here; a passport, an N600, and N400, but it all starts with a better understanding of the law.

I think your advice above and that of an earlier responder is best... check with a family lawyer who can address the adoption issue and then consult a good immigration lawyer.

[newacct 688]

A passport is much cheaper and faster to apply for than a Certificate of Citizenship.

[aaron2020 11,651]

With the risk of falsely claiming US citizenship, this is a case for a competent immigration lawyer versed in adoptions.

[EM_Vandaveer 2,426]

Let me make it even messier...

The N400 asks if your parents are US citizens... what does she write?

If she says yes, then she'll has to show that she is not a US citizen herself... because citizens are not eligible to file an N400.

This may not be all that hard to do.

There are several paths forward here; a passport, an N600, and N400, but it all starts with a better understanding of the law.

I think your advice above and that of an earlier responder is best... check with a family lawyer who can address the adoption issue and then consult a good immigration lawyer.

N-400 asks if parents are US citizens. She checks yes, but attaches explanation about her entry on IR-4, being raised by another couple, being adopted by the first couple, later being adopted by her parents and let USCIS hash it out? Ultimately, USCIS will have to make a decision on it anyway.

If they throw it back and say she's a citizen and therefore not eligible to file N-400, she can go on to file an N-600 or get a passport.

If they accept the N-400, she can naturalize. No danger of falsely claiming citizenship if she first files for naturalization.

[aaron2020 11,651]

There are plenty of cases of having US citizen parents and a child not being a US citizen.

[kh81427 0]

UPDATE:

I was able to find the domestic adoption from Kansas that was completed when she was 13 by the couple in Kansas. Within the adoption decree, there is a paragraph that states: "The Interstate Compact for the Placement of Children is not applicable in these proceedings. Petitioners have complied with the requirements of the Bureau of Citizenship and the Immigration Services of the US Department of Homeland Security to enable the children to enter the US legally for purposes of this adoption. This adoption should automatically make the children US citizens but separate naturalization processes are aided by this adoption."

This was the KS adoption decree signed by a KS district court judge when she was 13. After seeing this, we should be able to apply for a certificate of citizenship, right?

Thanks to all again.

[mdanner423 9]

If it says the adoption makes her a citizen, include that with the birth certificate and social security card for a passport and see if they agree. If so, you have prime evidence of citizenship. I don't think you could be accused of falsely claiming citizenship if you have documents that you believe are authentic stating she is a citizen. More than likely they would approve it or say no. They aren't going to prosecute people claiming citizenship when they in good faith and intent thought they were citizens.

Edited July 13, 2016 by mdanner423

[Penguin_ie 5,999]

"This adoption should automatically make the children US citizens but separate naturalization processes are aided by this adoption."

This seems contradictory- either the adoption makes her a US citizen, or the adoption HELPS in separate citizenship processes.

[aaron2020 11,651]

UPDATE:

I was able to find the domestic adoption from Kansas that was completed when she was 13 by the couple in Kansas. Within the adoption decree, there is a paragraph that states: "The Interstate Compact for the Placement of Children is not applicable in these proceedings. Petitioners have complied with the requirements of the Bureau of Citizenship and the Immigration Services of the US Department of Homeland Security to enable the children to enter the US legally for purposes of this adoption. This adoption should automatically make the children US citizens but separate naturalization processes are aided by this adoption."

This was the KS adoption decree signed by a KS district court judge when she was 13. After seeing this, we should be able to apply for a certificate of citizenship, right?

Thanks to all again.

No. Operative words are "should" and "but." Naturalization would not be mentioned if it was always automatic.

Go see a competent lawyer. There are severe consequences to making a false claim of US citizenship. The fact that she was not living with them and there was no parent/child relationship at the time she was adopted puts things in the air.

If it says the adoption makes her a citizen, include that with the birth certificate and social security card for a passport and see if they agree. If so, you have prime evidence of citizenship. I don't think you could be accused of falsely claiming citizenship if you have documents that you believe are authentic stating she is a citizen. More than likely they would approve it or say no. They aren't going to prosecute people claiming citizenship when they in good faith and intent thought they were citizens.

Incorrect. You are just guessing.

[mdanner423 9]

you too are just guessing!

Intent goes a long way with these kind of things and I think you are costing these people a lot of $$$$ when they are in good faith and with paperwork told she is a citizen. What's a lawyer going to do besides charge them a lot of money? It says should make her a citizen because the adoption was done by the state but citizenship is federal.

No. Operative words are "should" and "but." Naturalization would not be mentioned if it was always automatic.

Go see a competent lawyer. There are severe consequences to making a false claim of US citizenship. The fact that she was not living with them and there was no parent/child relationship at the time she was adopted puts things in the air.

Incorrect. You are just guessing.

Edited July 13, 2016 by mdanner423