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
NAVIGATION: Back to the Immigration Law Center on the Internet: CLICK HERE