mdanner423

OP

Do whatever you think is best for your family. Please understand that everyone here is giving their best faith opinion. Some people back it up with resources, some just back it up with insults.

You are just as valuable as a person being a new member as I am and as any human is. Just because he's been here longer doesn't make him special. He's just a bully.

I hope everything works out for the best for you! I'm sure it will! If you have the money of course a lawyers advice is a great idea. Some people don't have that kind of cash so do their own research and decide what's best.

Good luck!

Thanks for the advice. This forum seems to have some bullies who go off giving advice with no resources. It's not a good community, I'm asking my account to be closed!

Thanks!

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.

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.

FASFA does I believe

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.

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.

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)

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.

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.

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.

When you say main breadwinner, does she have a job at all? The requirements are pretty low.

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!

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?

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.

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!

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.

• 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

States issue birth certificates to non-citizens?

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?

That's what it normally shows. No worries!

Pending Action says None, it isn't waiting for an RFE. It gives you the chance to upload more documentation regardless of if you have a current RFE or not. Mine shows the same thing. No worries.

They encourage family/friends to go. They won't have a quota on how many people can come and pick venues big enough. Shouldn't be a problem.