Help with Adoption of Adult Needing Citizenship

[mdanner423 9]

It's just fear mongering to think that the Feds are going to prosecute an adopted kid acting in good faith with the paperwork she has. They have bigger fish to fry and don't even have the money/resources to deal with the real criminals. Much less people trying to do the right thing with confusing paperwork.

[aaron2020 11,651]

It's just fear mongering to think that the Feds are going to prosecute an adopted kid acting in good faith with the paperwork she has. They have bigger fish to fry and don't even have the money/resources to deal with the real criminals. Much less people trying to do the right thing with confusing paperwork.

Fear mongering? Perhaps you should Google the consequences of a false claim to US citizenship. 5 days on VJ and you're an expert.

The smart thing to do is consult with a competent immigration attorney versed in adoptions.

It's reckless to tell people to just make a claim of US citizenship without checking on it when there are issues.

Edited July 13, 2016 by aaron2020

[mdanner423 9]

The language of the statute provides an exception for individuals who reasonably believed that they were a U.S. citizen. But this is only if each parent (natural or adoptive) is or was a citizen (whether by birth or naturalization) and the individual permanently resided in the United States prior to attaining the age of 16. INA §§ 212(a)(6)©(ii)(II); 237(a)(3)(D)

[mdanner423 9]

Even in this trump like universe where an adopted kid is told they are a citizen and have documents implying she is a citizen, applies for a passport like lots of citizens do. They decide she's wrong and try's to prosecute it, I don't think she meets the intent requirement.

Don't be rude when you're challenged. At least back up your ideas with your thought process or research instead of emotion.

[aaron2020 11,651]

Even in this trump like universe where an adopted kid is told they are a citizen and have documents implying she is a citizen, applies for a passport like lots of citizens do. They decide she's wrong and try's to prosecute it, I don't think she meets the intent requirement.

Don't be rude when you're challenged. At least back up your ideas with your thought process or research instead of emotion.

Not going to argue with you.

OP can either consult with a lawyer before making a claim of US citizenship or go ahead and file without checking it out.

[mdanner423 9]

Nobody should argue we are here to help each other have our families immigrate here in the easiest, cheapest legal way possible!

I found exceptions to falsely claiming citizenship for those that reasonably believe they are citizens like this young lady.

It would be helpful if you have any case law or statutes that make you believe that an adopted child who reasonably believs they are citizens can, or has, been prosecuted for exercising the same rights as others.

[Adil & Jeanne 296]

colleges never ask for citzenship proof unless it is a foreign student applying

they ask for proof of which state you live in to know whether to charge for in state or out of state tuition fees

citzenship???

just enrolled 2 of my stepchildren in college for fall semester (one instate and one out at American University)

requirements were financial paperwork, medical exam and shot records, and state ID"S. plus the normal fees at this time

[mdanner423 9]

FASFA does I believe

[Cathi 5,830]

Nobody should argue we are here to help each other have our families immigrate here in the easiest, cheapest legal way possible!

I found exceptions to falsely claiming citizenship for those that reasonably believe they are citizens like this young lady.

It would be helpful if you have any case law or statutes that make you believe that an adopted child who reasonably believs they are citizens can, or has, been prosecuted for exercising the same rights as others.

She doesn't believe she is a citizen, the fact of the matter she does not know if she is or not which has been clearly stated by her mom and that is exactly the reason she is here asking for advice. You are giving your opinion which could potentially have dire consequences-deportation and a permanent ban from the US with no appeal.

The best course of action is to(as Aaron has stated several times) get an attorney well versed in international adoption. Guessing is NOT the thing to do in this situation and this is definitely NOT a DIY case.

[Cathi 5,830]

FASFA does I believe

FAFSA does not ask anything about citizenship. Ask me how I know? I currently have 2 children in college.

[mdanner423 9]

https://fafsa.ed.gov/fotw1617/help/fahelp39.htm

Question 14....Ask me how I know? I filled it out myself years ago and also took the time to look it up...

FAFSA does not ask anything about citizenship. Ask me how I know? I currently have 2 children in college.

Edited July 13, 2016 by mdanner423

[mdanner423 9]

Your opinion is the OP didn't think she was a citizen, what the post said, in part was : 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).

They thought she was a citizen until the financial aid office raised the question.

You are thinking that I am suggesting criminal intent by falsely claiming US citizenship. That's not what I was ever suggesting they do and hope nobody would ever do.

An adopted child who thinks they are a citizen and has a reasonable belief that they are is much different than someone lying or altering documents or anything with malice. This is why the exception to the law was made, it's confusing to children brought here what's going on and what's their status.

I'm not suggesting the OP do anything with malicious intent or with an intent to defraud. I'm not sure how you guys got that opinion.

More than likely the OP has claimed to be a citizen for jobs or on financial aid forms and otherwise which is why the financial aid deparmtent is questioning citizenship, because it already came up!

Maybe you guys had some horrible experiences with the US Government to make you think that they are out to get you. What I've found is when you are honest and try your best to follow all the rules you are treated fairly.

She doesn't believe she is a citizen, the fact of the matter she does not know if she is or not which has been clearly stated by her mom and that is exactly the reason she is here asking for advice. You are giving your opinion which could potentially have dire consequences-deportation and a permanent ban from the US with no appeal.

The best course of action is to(as Aaron has stated several times) get an attorney well versed in international adoption. Guessing is NOT the thing to do in this situation and this is definitely NOT a DIY case.

Edited July 13, 2016 by mdanner423

[Mollie09 1,543]

FAFSA does not ask anything about citizenship. Ask me how I know? I currently have 2 children in college.

FAFSA is a federal benefit available only for citizens and select non-citizens. So yes, they ask about citizenship.

[aaron2020 11,651]

OP

You can either take the advice of long time members or the advice from someone with 5 days of membership who stands alone.

[squareleg 69]

Not a DIY case. Also, unclear on the legal status of the young lady. She may also find a solution in DACA.

Deferred Action for Childhood Arrivals (DACA) is an American immigration policy that allows certain undocumented immigrants who entered the country before their 16th birthday and before June 2007 to receive a renewable two-year work permit and exemption from deportation.