Tag Archives: Certificate of Citizenship

New Legislation Introduced for Adoptee Citizenship

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Legislation has been introduced in the U.S. House of Representatives and Senate to grant citizenship to all international adoptees.

Please contact your Congressional representatives and ask them to co-sponsor the “Protect Adoptees and American Families Act,” PAAF.

Proponents of the bill have for years focused on a bipartisan effort.

The bill introduced in the House by Rep. Adam Smith (D-WA) and Rep. Don Bacon (R-NE) is H.R. 5492.

In the Senate, the co-sponsors of S. 2923 are Sen. Maizie Hirono (D-HI) and Sen. Susan Collins (R-ME)

Here is a statement by Sen. Hirono:

Proposed law aims to correct citizenship oversight for adoptees

Adoptees United has solid information here about PAAF.

Next steps could be hearings in the Judiciary Committees of both chambers, then passage in both the House and Senate, and then signature into law by the president.

That’s certainly my hope. Thousands of international adoptees, brought to this country to join new families, did not automatically receive citizenship because their parents failed to get it or because of bureaucratic errors. This reality has been an untenable, unfair reality that the Congress has taken far too long to rectify. This legislation has been previously introduced over the last 10 years, though it has not passed. It would provide a long overdue correction, one wanted by the sending countries, by the adoption community, and by adoptees.

It seems amazing that, for decades, international adoptees were not granted automatic citizenship when they were adopted by U.S. citizens and arrived in the U.S. You can learn more here.

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Some folks might forget that international adoptees are immigrants, with all the complexity that immigration involves. I urge all adoptees and their families to make sure they have a Certificate of Citizenship. A passport is a limited means of proving citizenship, can expire, and is issued by the U.S. State Department, The Certificate of Citizenship is issued by the U.S. Department of Homeland Security, and does not expire. State and Homeland Security use separate databases, and so having a passport may not be adequate proof of citizenship for some purposes.

And the current cost of the Certificate for adoptees is 0, which is wonderful and could change. More info on the fee schedule for the N-600 is here.

You may never need the CoC. I get that. But the parents of deported adoptees (those convicted of a felony and without citizenship) probably never envisioned their children subject to deportation either. Nor, of course, did the adoptees themselves, including those who have been deported to Germany, Korea, Brazil, and elsewhere, who are sitting in U.S. Immigration and Customs Enforcement detention centers, or who are unable to vote or get financial aid because they have no proof of citizenship. Why risk it?

And please support the passage of the Protect Adoptees and American Families Act. It is long overdue, and it is the right thing to do. Thank you.

Adoptive Parents Must Step Up in the Time of ICE and Deportation Fear

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It would be great if none of us had to worry about deportation or ICE roundups, and about what to do if we get caught up in a raid. We parents who adopted internationally may feel everything is fine because our children–whether they are 4 years old or 39–have their Certificate of Citizenship or a valid passport. The Social Security Administration recognizes their US citizenship. That’s great.

And yet it may not be enough to prevent a sense of anxiety and even fear, especially for Brown and Black transracial adoptees from countries that are being targeted, Additionally, many international adoptees may not be US citizens. Some know this, and some are unaware, assuming that they are citizens. Adoptees without citizenship have been and continue to be deported.

What can and should adoptive parents do to help, given that we committed ourselves to international adoption?

  • Learn about the issue.
  • Be open and curious abut how adoptees are feeling.
  • Use our position as adoptive parents to help advance legislation to provide citizenship to all international adoptees and to prevent deportation.
  • Support and donate to adoptee-led organizations who are helping international adoptees with citizenship issues.

One concrete and important step is here: Dear Parents of Intercountry Adoptees: Do These Two Things Today. Consider this valuable and free advice from a lawyer who is also an adoptee.

Then move on to these items:

Learn

A brief overview:

International adoptees enter the United States as immigrants.

Adoptive parents have the responsibility to get citizenship for their children who are minors when they arrive here. Citizenship became automatic for international adoptees under 18 years old (though there is still paperwork involved) as a result of the Child Citizenship Act of 2000.

From the Adoptee Rights Law Center: “…despite the adoption, thousands of intercountry adoptees continue to have significant issues with US citizenship today. Those issues include:

  1. Securing U.S. Citizenship. Tens of thousands of intercountry adoptees today do not have US citizenship, despite being adopted as children by US citizen parents.
  2. Proving U.S. Citizenship. Even if intercountry adoptees acquired U.S. citizenship under the Child Citizenship Act of 2000, many may not have proof of that citizenship, either through a US passport or a Certificate of Citizenship.

Both issues are fraught with difficulty and may come with life-altering repercussions. Making it worse, U.S. law currently excludes older intercountry adoptees—those born prior to March 1983—from acquiring citizenship through adoption. Instead, they must often go through a long and expensive immigration process to naturalize as U.S. citizens. As adults today, they are considered immigrants, and are subject to deportation if they commit a crime or are not found to be in the country properly. This is fundamentally wrong.”

Adoption immigration law can be complicated, depending on when a child was adopted, what visa they entered with, and whether they commit a crime. Because of this, many international adoptees–even those with citizenship–feel concerned, perhaps about themselves, and perhaps about their fellow adoptees,

Be open and curious about how adoptees are feeling.

We adoptive parents who were born here in the US have rarely had to worry about proving citizenship, or even thinking about it.

Our adopted children look at the world through a different lens: as immigrants, perhaps as people of color. Their country of origin may also affect the way they see the world and the world sees them. Haiti, Nicaragua, Russia, Ukraine, Guatemala, and Mexico come to mind. Even if your child is not from one of those countries, or has no concerns about citizenship, as adoptive parents we can and should show empathy and concern for other adoptees.

Here are some adoptee perspectives:

Citizenship and Immigration Issues for Intercountry Adopted People: FAQ. Prepared by the Adoptee Rights Law Center, this list illustrates the concerns and quandaries of international adoptees in terms of documents and other resources.

Adoption, Belonging, and the Question of Citizenship: A U.S. adoptee reflects on the implications of birthright citizenship, closed records, possible inaccuracies or fraud, and how both domestic and international adoptees can be affected.

A Reddit conversation posted by an adoptee from China: Is anyone else paranoid about getting deported?

Thousands of Children Adopted by Americans Are Without Citizenship. Congress is Unwilling to Act. An AP article featuring adoptees from Iran, South Korea, Ethiopia, and elsewhere.

Use our position as adoptive parents to help advance legislation to provide citizenship to all international adoptees and to prevent deportation.

Legislation that would provide citizenship to all international adoptees has stalled in Congress for about 10 years. One challenge is that any immigrant without citizenship who commits a crime can be subject to deportation. Adoptees are included in this, regardless of the fact that they were brought here legally by US parents and with the oversight and permission of the sending country. (Some adoptive parents brought children to the US illegally, for medical or other reasons. They have a particular responsibility to acquire citizenship for their children, and it may not be easy.)

Aside from that, international adoptees without citizenship (for whatever reason) are technically here in the US illegally, and could be swept up in ICE raids. This possibility has fueled a great deal of fear among adoptees.

Adoptees for Justice has been actively working on this issue for years. Read more about their efforts on the Adoptee Citizenship Act (ACA) here. Donate to Adoptees for Justice if you can; share their information and ask your federal representatives to support citizenship for all adoptees.

If the ACA were passed, international adoptees who have been deported could return home. Adoptees have been deported to many countries: Germany, Ethiopia, Morocco, Mexico, Canada, India, Brazil, and more. There is a Wikipedia page about Korean adoptees who were deported back to South Korea.

From NPR: “NPR previously reported of an adoptee and father of five who was convicted of marijuana possession in Texas. Because his adoption was filed improperly, he was sent to his birth country of Mexico after having served a few years in prison.”

Support adoptees; Donate to adoptee-led organizations who are helping international adoptees with citizenship issues.

Here are resources to support, and to share with international adoptees and others in the adoption community.

I’ve previously mentioned and urge your support of Adoptees for Justice and the Adoptee Rights Law Center.

The Adoptee Rights Law Center offers free and low cost clinics for international adoptees who have questions about citizenship.

Adoption Mosaic is hosting an Adoptee Wellness Chat on July 16 This is an online, adoptee only event: “We will hold a virtual space to gather, reflect, and process together in light of recent political shifts. We intend to create a supportive environment where we can connect, recharge, and discuss how current policies affect us as individuals, as adoptees, and as a community.”

I understand that about 100 adoptees have registered so far, which gives a sense for what’s percolating among international adoptees right now.

Here’s a great list of Legal Resources for Intercountry Adoptees from Adoptees United. Adoptees United is related to the Adoptee Rights Law Center. Adoptees United is led by adoptees in the United States. “We are committed to a diverse board and organization that represents the interests of all adoptees, whether domestic, intercountry, transracial, or former foster youth.”

Support the work of the National Alliance for Adoptee Equality. Sign their petition for passage of the Adoptee Citizenship Act.


Hold space. Make space. Talk with whomever in your life might be at jeopardy, or might just be worried and stressed. Your adopted son or daughter might not want to talk about it. Keep learning nonetheless. Make sure you have all documents and copies (scroll down that page for the list of documents), all secured in a safe place.

Advocate for citizenship for all adoptees. Donate to help deported adoptees, like Mike Davis who was deported to Ethiopia decades ago and hopes to someday meet his grandchildren in person. Mike and other deported adoptees often struggle with life in deportation: they are isolated, often ostracized, don’t speak the language, and have difficulty securing work, housing, and medical care.

We adoptive parents have power to bring about change. Now is the time to be strong allies for international adoptees, to step up and do the work.

U.S. Certificate of Citizenship is Now Free for Intercountry Adoptees

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For international adoptees who acquired citizenship before they turned 18 but have not yet acquired the Certificate of Citizenship, the cost is now Zero. It’s usually about $1200, so this is a significant savings!

The Certificate of Citizenship (CoC) is the permanent proof of citizenship. Passports (from the U.S. State Department) prove citizenship and are used for international travel, but they can expire. The CoC never expires, and is a gold standard for proof of citizenship. The CoC is issued by the U.S. Citizenship and Immigration Services, USCIS, an agency of the U.S. Department of Homeland Security.

Here’s the link to the Form N-600, Certificate of Citizenship, via USCIS. The N-600 is the form that adoptees should use to get their CoC.

Here is a link to the USCIS fee schedule, showing the N-600 cost as 0.

For adult adoptees over 18, here’s a link to a helpful USCIS page: Adult Adoptees and US Citizenship.

The legal documents are crucial in all this. This can be a difficult challenge for some adoptees who do not have access to their documents (the adoptive parents refuse to give them to the adoptee or have lost them, for example.)

That said, adoptees who are over 18 and unsure of their citizenship status can file a Freedom of Information Act request with USCIS for all their records, to determine their status, via Form G-639.

Here’s some other great news: Adoptees United will be launching a legal clinic in July to help folks with requesting records and obtaining a CoC. More details will be available in the coming months. Costs will be minimal. Bravo, Adoptees United!

Why bother with getting the Certificate of Citizenship?

As mentioned above, it’s the gold standard for proof of citizenship.

Beyond that, as years go by and government policies change, the CoC may be even more necessary for those who were not born in the U.S. and who immigrated here, as is the case for international adoptees.

Currently, different states have different approaches to citizenship verification. Some require a CoC for drivers’ licenses at the Department of Motor Vehicles. Security clearances may require a CoC, as do some military roles. Some states may require a CoC for voter registration, particularly online. (Non-citizens are not allowed to vote.)

All these state and federal policies could change in the future, and could affect international adoptee as much as other immigrants.

Adoptive parents who don’t feel the need to get their minor child’s CoC may want to think about when their children are adults, when the parents are no longer alive, and when citizenship verification may change. Noncitizens, or those who cannot prove their citizenship, may have trouble accessing Medicare, for example. That is true now. Access to other government benefits could also depend on proof of citizenship.

And of course noncitizens, including international adoptees who cannot prove citizenship, can be deported. Until the U.S. government decides that all international adoptees should have automatic citizenship, the solid proof is the Certificate of Citizenship.

When International Adoptees Grow (Way) Up—and Apply For Medicare

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For international adoptees now in their 50’s and 60’s, here’s a potentially disastrous concern:

When applying for Medicare, naturalized citizens (such as international adoptees) need to present their naturalization documents and birth certificate to the Social Security Adminstration.

Why could this be a problem? Some international adoptees nearing Medicare age (65) do not have U.S. birth certificates. They may not have needed them as kids the way that schools and sports teams require them today. Their adoptive parents may not have applied for one for them.

And then, of course, there is the much larger issue for international adoptees whose adoptive parents failed to get them U.S. citizenship.They do not qualify under the Child Citizenship Act of 2000, which provided citizenship only for adoptees 18 and under at the time of enactment. Some international adoptees could have great difficulty getting enrolled in Medicare when they are in their 60’s and older, and in need of prescriptions, surgery, and other medical care. As U.S. citizens, they are entitled to apply for Medicare like everyone else: if they have the right documents.

My experience around immigration-related issues and the Social Security administration is that different federal offices in different states can have different requirements for paperwork. It’s not unusual for one person to need documents in one state that are not requested in another state, or even within the same state. Very frustrating, and not unusual.

Here is advice from licensed Medicare broker, and Korean adoptee, Kara Min Yung, who alerted me to this issue:

“Please start the process at least 3 months prior to the month you will turn 65. Don’t wait, in case you are required to do anything additional. You must start part A. You can also start part B, but there is a premium. You can opt to delay part B until coverage through an employer ends. Then choose either a supplement plan and a drug plan, or a Medicare Advantage Prescription Drug plan. Don’t wait. There are certain late enrollment penalties you will want to avoid.”

Kara recommends that adoptees nearing 65 make sure they have their U.S. birth certificate and their naturalization/citizenship papers. She has helped naturalized citizens who have had problems getting Medicare, whether adoptees or not. You can contact Kara at Kruh@seattleinsgroup.com.

Korean adoptees first began arriving in the U.S. in the 1950’s. Many are in their 50’s and 60’s (or older) now. They and other international adoptees are applying for Medicare benefits now, and some are encountering unanticipated problems. This will only continue as the adoptee population continues to age.

You can check out the Medicare site for further info.

Adoptees and parents of minor adoptees should check with the Social Security Administration to be sure they are listed as U.S. citizens. Our federal government agencies don’t share databases, so even if you have a passport (U.S. State Department) or a Certificate of Citizenship (U.S. Department of Homeland Security), the SSA may not have you listed as a U.S. citizen.

Additional Resources on Citizenship for All Adoptees: Adoptee Rights Campaign

I am calling on the U.S. Congress, the U.S. State Department, and the U.S. Social Security Administration to perhaps finally understand the need for U.S. citizenship for all international adoptees. Deportation is a risk. Criminal charges for (unknowingly) voting without citizenship is a risk. Being unable to apply for financial aid is a risk. Being unable to access Medicare if you are applying at 65 is a risk. It’s an outrage.

 

Great News: Adoptee Citizenship Legislation Introduced in US Congress

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Thousands of now-adult international adoptees whose parents failed to get them citizenship when they were children might now become U.S. citizens. On March 8, a new Adoptee Citizenship bill was introduced in both the House and the Senate, with bipartisan sponsors. Sen. Roy Blunt (R-Mo) and Sen. Mazie Hirono (D-HI) introduced the Senate version, S. 2522.  On the House side, Rep. Chris Smith (R-NJ) and Rep. Adam Smith (D-WA) introduced H.R. 5233.

Both bills have been referred to the Judiciary Committee in their respective chambers. The text is not yet available, though it should be soon. I will post it as soon as possible. The description of both says the bill will “provide for automatic acquisition of United States citizenship for certain internationally adopted individuals.”

The Child Citizenship Act (CCA) of 2000 provided citizenship for adopted children under the age of 18 at the time the Act became law. Those who were over 18 were not included in the bill. According to a press release from Sen. Blunt, “The Child Citizenship Act (CCA) left thousands of international adopted children, who are now adults, in an untenable position, facing everything from difficulty applying for a passport to possible deportation…By fixing current law to meet the original goal of the CCA, we will help ensure these individuals have the security, stability, and opportunity their parents intended for them when they welcomed them into their families.”

The legislation would grant citizenship to international adoptees unless they have been found guilty of a violent crime and been deported. This exception has been a point of much discussion and contention around the legislation. Some 20+ international adoptees have been deported, some due to serious crimes, and some due to relatively minor crimes such as selling small amounts of marijuana. Others are under the eye of the Department of Homeland Security because they are without citizenship, but have not committed any crimes. There currently exists no easy or clear path for these adoptees to become citizens once they are over 18 years old. Some did not discover they were not citizens until they applied for a passport or for security clearance at work.

The Adoptee Rights Campaign (ARC) estimates that 35,000 international adoptees are without citizenship, and they will be helped by this much-needed legislation. ARC has been among the leaders on this legislation, along with many others who have urged Congress for years to enact this into law.

Next steps could be hearings, then passage in both the House and Senate, and then signature into law by the president. No one knows the timeframe, but many folks are optimistic that the bipartisan, bicameral introduction of the Adoptee Citizenship Act will help it pass expediently.

That’s certainly my hope. That thousands of international adoptees, brought to this country to join new families, did not automatically receive citizenship because their parents failed to get it or because of bureaucratic errors, has been an untenable, unfair reality that the Congress has taken far too long to rectify. This new legislation would provide a long overdue correction, one wanted by the sending countries, by the adoption community, and by the adoptees.

You can follow the progress of the House bill here, and the Senate bill here.

US Government Announces Plans to Track Social Media Use of Immigrants–Including International Adoptees

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The United States government has announced a proposal to track the social media use of all immigrants, which will include international adoptees.

It’s chilling for its ramifications on free speech, privacy, and individual rights, with very little evidence to support ostensible benefits in terms of national security or anything else.

International adoptee enter the United States on visas, as the adopted children of U.S. citizens. They were not granted automatic citizenship until 2000, and even then their parents have to complete more paperwork for proof of citizenship. Meanwhile, as a result of the intercountry adoption process, the U.S. government and the sending country have files of information about the adoptee, the birth/first family, and the adoptive family. Info on the birth/first family may be limited, in the case of abandonment. Still, there will be police reports, the location of where the child was found, efforts made to locate parents, that sort of thing, some of which may be accurate. My point: The government has information about all adoptees at their time of entry into the United States.

Now, our government would like additional access to the social media use and more of all immigrants, which will include permanent residents and naturalized citizens.

According to Buzzfeed, which may have been the first to report on this, “The Department of Homeland Security published the new rule in the Federal Register last week, saying it wants to include ‘social media handles, aliases, associated identifiable information, and search results’ as part of people’s immigration file. The new requirement takes effect Oct. 18…This would also affect all US citizens who communicate with immigrants.”

I don’t want to be paranoid, but nor do I want to be naïve. This is as slippery a slope as we have been on in years, and the likelihood of perilous sliding is frightening.

Here are my thoughts on how the new requirement could affect adoptees and adoptive families:

  • While the federal government already has a lot of information about adoptees, this requirement opens many new doors. I belong to a Facebook group of parents of internationally adopted children and some were commenting on how ridiculous to track the Musicly and other social media accounts of their young children.

Probably. But here’s the thing: we all leave permanent footprints on the World Wide Web. More than that, children grow up. As teens and as young adults, adoptees–like every other teen/young adult–might make stupid choices in their social media use. The difference is that their use could be tracked, and potentially used against them, because they are immigrants, not beloved family members, in the eyes of our government.

 

  • The adoptive parents of some adult international adoptees failed to get citizenship for their children. Some adoptees are painfully aware of this, having been arrested and/or deported. Some adoptees think they are citizens but may not be. Some adoptees find out they are not U.S. citizenship when they register to vote, or apply for Social Security benefits, or get arrested. This new requirement could create a database which flags the social media use of international adoptees who are not citizens, and the ramifications are deeply troubling.

 

  • Parents and friends of immigrants could be surveilled for their social media interactions with adoptees and other immigrants. I am guessing this could happen regardless of the citizenship status of the parents and friends. See: slippery slope.

 

  • In the case of international adoptees, this requirement subjects U.S. citizens to be monitored because they legally entered the U.S. as immigrant children. The same government that approved them to be citizens is now singling them out to be monitored and surveilled. Is this what it means to be a citizen of the United States now? Is it simply a matter of time that *all* citizens, such as those of us born here, will also have our social media use monitored? Who knows? Who thought we would be at this point?

Here’s an excerpt from Fortune magazine:

“The proposal to collect social media data is set out in a part of the draft regulation that describes expanding the content of so-called “Alien Files,” which serve as detailed profiles of individual immigrants, and are used by everyone from border agents to judges. Here is the relevant portion:

The Department of Homeland Security, therefore, is updating the [file process] to … (5) expand the categories of records to include the following: country of nationality; country of residence; the USCIS (United States Citizenship and Immigration Service) Online Account Number; social media handles, aliases, associated identifiable information, and search results.

The proposal follows new rules by the Trump Administration that require visitors from certain countries to disclose their social media handles, and allow border agents to view their list of phone contacts.

Those earlier measures alarmed civil rights advocates who questioned whether they would do much to improve security, and worried other countries would introduce similar screening of Americans. In response to the latest effort to collect social media data, the American Civil Liberties Union warned of a “chilling effect.”

“This Privacy Act notice makes clear that the government intends to retain the social media information of people who have immigrated to this country, singling out a huge group of people to maintain files on what they say. This would undoubtedly have a chilling effect on the free speech that’s expressed every day on social media,” the group said in a statement.

The new rules are currently subject to a comment period until Oct. 18 but, if they go into effect as planned, they will add yet more data to “Alien Files” that can already contain information such as fingerprints, travel histories, and health, and education records.”

 

So what to do? We all need to comment. You can comment anonymously (though these days, I wonder it that is actually possible; apologies for the cynicism but there we are.) You can post comments on behalf of someone else.

 

You may submit comments, identified by docket number DHS-2017-0038, by one of the following methods:

Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

Fax: 202-343-4010.

Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.

My closing thoughts for today:

Please comment on the new rules, and share the information.

Adoptive parents should make sure that their children have all possible proofs of citizenship, especially the Certificate of Citizenship issued by the Department of Homeland Security, the same agency issuing these new rules.

Adoptive parents should join adult adoptees in demanding that citizenship be granted to all international adoptees. More information is available here, here, and via the Adoptee Rights Campaign.

If you are tempted to dismiss this as overly reactive, keep in mind that many internationally adopted children have been deported as adults. Some adoptees are in detention centers. Who would have thought that international adoptees, brought here as children with the approval of two governments, could be deported back to countries where they had no family, no language, no connection for help?

As we get more information from ACLU, from attorneys, and from immigration policy specialists, I will post information here or on Twitter (@LightOfDayStory).

 

 

 

 

 

 

 

 

State Department/CIS Stakeholder Call on Adoptee Citizenship Issues

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The Office of Children’s Issues (OCI) of the U.S. State Department and the Citizenship and Immigration Services (CIS) of the Department of Homeland Security (DHS) held a “Stakeholder Meeting Call” Monday primarily to discuss citizenship as related to international adoption.

My takeaways:

  • I give credit to State and CIS for holding these public stakeholder conversations.
  • Surely adopted children, who grow up and are now (adopted) adults, must be considered to be the primary and most essential stakeholders in calls and conversations like this.
  • I believe that there were three adult adoptees who called in. I appreciate their sharing their time and voices, as well as personal expertise. There were also agency service providers and at least one adoptive parent (me).
  • The U.S. federal agencies involved with intercountry adoption are understandably focused on adopted children and the legal process for their adoption and citizenship. That said, there is a large community of now adult international adoptees who need the assistance and resources of the federal government to become citizens after their parents failed to do so.
  • The Department of State and the United States Citizen and Immigration Services need to better coordinate their services with and for international adult adoptees. Adoptee groups should receive the same attention and outreach as adoption service providers and adoptive parents. That attention should be evident on their web pages. Their officers should be better educated about the Child Citizenship Act, the Adoptee Citizenship Act, and the genuine experiences of adult adoptees. There should be consistent information provided by State and CIS staff across the country about citizenship issues for adoptees.
  • While there is voluminous information available about how to adopt on the State Department website, the information for adult adoptees is sparse indeed. In fact, the page for adoptees has not been updated since November 2014. It references on-line resources, but there are no live links. I hope they update the page soon, so it is actually helpful for adopted adults.

Here is my unofficial summary of the phone call, with the caveat that there were a number of folks from State and from CIS on the call, and I wasn’t always sure who they were and who was speaking.

General Information Not Related to Citizenship

State has authorized a new accrediting entity, Intercountry Adoption Accreditation and Maintenance Entity. IAAME joins the only other organization approved for Hague accreditations, the Council on Accreditation (COA). IAAME emerged from the Partnership for Strong Families, a child welfare organization in Florida. State and IAAME are still working out the distribution of labor, and IAAME is not yet accrediting international adoption agencies.

Suzanne Lawrence is taking over for Susan Jacobs as the new Special Advisor for Children’s Issues at State. Ms. Lawrence spoke briefly about her career as a consular officer and how she looks forward to this new position.

Trish Maskew, who handles adoption issues at the State Department, then responded to previously submitted questions:

Croatia: Adoption service providers (ASPs) may soon be authorized to work in Croatia.

China: New regs have not yet been released by China’s Center for Children’s Welfare and Adoption on the hosting program and on the one-on-on partnership between ASPs and orphanages.

Ethiopia: It remains unclear why Ethiopia closed adoptions in May 2017, and they continue to work on “cases in progress.” It is unclear what “cases in progress” means, and State is actively seeking more clarity.

Kazakhstan: The Kazakhstan government continues to request post-adoption reports from adoptive families before they will reauthorize agencies to work there. There are some 225 families who have yet to submit post-adoption reports.

Citizenship Questions From People Who Called In

The State Department staffers then took questions live from callers. One question was about a family which dissolved an adoption before finalizing and before getting citizenship for a child who arrived on an I-4 visa. State said that the child would be ineligible to apply for citizenship for two years (I guess that time frame means the child has to be placed with a new family for two years before he/she becomes eligible for citizenship.)

Another question was whether international adoptees needed both a passport and a Certificate of Citizenship (CoC) as proof of citizenship. The State Department said that no federal law requires a citizen to bear proof of citizenship. That said, a U.S. passport is proof of citizenship, as is the Certificate of Citizenship. Someone from State said that one was not better than the other.

That is technically true, I would agree, but in practice, many adoptive parents and adoptees have found that the Certificate of Citizenship (which is approved by the Department of Homeland Security) is increasingly requested to prove citizenship, whether at the Department of Motor Vehicles or to obtain insurance or for other circumstances. I wish the State Department had been more forceful about this, but given that they are the ones approving passports, they may not have strong feelings about the CoC. Anecdotally, we are seeing many adoptees needing the CoC as proof of citizenship. It never expires. It’s well worth getting.

The most powerful question came from an adult adoptee from Iran, who has worked with the Adoptee Rights Campaign (ARC). The State Department folks asked about ARC, saying they did not have their contact information. This shocked me, as ARC is a well-known group leading the charge on citizenship for all adoptees. The State Department folks said they’d be happy to hear more about ARC, and gave the adoption@state.gov email address.

The Iranian adoptee asked how to bring the lack of citizenship to people’s attention—how to create a sense of urgency. She shared that her adoptive father is dead; her adoptive mother is 80 and could die soon. The adoptee is worried about working, about keeping her job, about her finances, and about retirement. She noted that many people working in immigration are unfamiliar with the Child Citizenship Act, and said to the State officials, “We (adult adoptees lacking citizenship) need your department to step up.”

State responded that they held a Congressional briefing a week ago. (I’ve had trouble finding information about the hearing; if anyone has a link or attended the briefing, please let me know.) Maskew said that the Office of Children’s Issues is very proactive on the issue of citizenship for adoptees, and has heard that Congress is planning to reintroduce adoptee citizenship legislation.

Maskew emphasized that State has offered to help adult adoptees, and that they have heard from adoptees with a range of scenarios including children who came here as visitors, or for medical purposes, and then were adopted. State said they cannot respond to hypothetical situations. (I would guess that would be questions like What if I get arrested? Or What if someone tells ICE that I don’t have citizenship?) State said they are doing all they can, and again provided their email address: adoption@state.gov.

A staff person from Hope International agency in Texas asked about the processing times for Certificates of Citizenship. What is the average timeframe for DHS to issue them? Carrie Rankin of CIS told the caller to refer to the website where people can check their case status. Processing times vary by office, she said.

I am hearing that the issuance of CoCs is taking many months, sometimes well over a year. The CoCs currently cost $1,170. Information on how to apply is available here.

A caller asked which federal department tracked the number of intercountry adoptees who are not citizens. Neither the State Department nor CIS has these numbers. The caller asked if there is a list of adoptees deported since 1954. She was told that ICE (Immigration and Customs Enforcement) might have a list like that.

The best source that I am aware of for that information is Pound Pup Legacy, which has a wide range of data around international adoption, including deported adoptees.

Then it was my turn. I started by saying I was surprised that the State Department and CIS didn’t know about the Adoptee Rights Campaign, per the earlier conversation with the Iranian adoptee. I reiterated the sense of urgency for citizenship for all adoptees, especially in our current political climate where immigration status is so complex. I then said I was puzzled about why the citizenship issue for legally adopted people is such a controversial issue. Maskew responded that the controversy seems tied to the criminal activity that can result in anyone who is not a citizen–which can include adoptees–being deported. She noted that the numbers of adoptees in need of citizenship are numbers that the adoptee community has put forward–some 15,000 to 35,000 people. Some in Congress may conflate the number of adoptees needing citizenship with the numbers who have committed crimes. I’ve posted many times about the absurdity that international adoptees, whose immigration to the United States was agreed to and overseen by both the U.S. and the sending country, are not all automatically U.S. citizens. It is a shameful part of our government’s responsibility not to provide citizenship to all international adoptees.

I also asked about the comment that the Certificate of Citizenship and the passport being equal, and said that we are hearing increasing examples of adoptees needing their CoC, and not just the passport, as proof of citizenship, for insurance, for the Department of Motor Vehicles, for sport travel team purposes, and for other situations. State and CIS noted again that both are proof of citizenship, but the CoC never expires. I noted also that the CoC is issued by the Department of Homeland Security, and the passport by the State Department. The two databases are not shared, and increasingly the CoC seems to be requested as proof of citizenship. I have written about this issue multiple times as well; information is available here.

A caller from the Korean adoptee group also-known-as asked if there is a clear set of guidelines for adoptees to use in order to get citizenship, beyond sending an email to the State Department. CIS said there are resources available on-line, and suggested that folks should also consult an immigration attorney.

The caller then suggested a case management system for adult adoptees trying to get citizenship, which I think would be a great idea. My take: State and CIS provides resources to Adoption Service Providers and adoptive parents–why not equal resources for adoptees, who are Adoption Services Recipients?

I had the sense, listening to this caller, that he was asking specifically about adult adoptees, but that State and CIS were responding as if to an adoptive parent. State and CIS referred the caller to their website for Adoption News information for adopted children. They said there is a list of low-cost and no cost attorneys, and that there is a CIS office in almost every state. They provided a CIS phone number to call: 877-424-8374, which is the National Benefits Center.

They noted that most legal issues are handled by the Department of Homeland Security, and not so much by State. That is certainly true, as it is officers from Immigration and Customs Enforcement (ICE), which falls under DHS, that are in the news for deportation raids and other actions.

An adopted person from Haiti called in, asking when adoptees stop being adoptees. She noted that she is in her late 30’s, and when she is dealing with immigration issues, it is as if she is coming to the U.S. for the first time, not as someone who was adopted as a child by U.S. citizens. Her experience has been that immigration officers often do not understand adoption, or the experiences of internationally adopted adults, and often are unable to help.

The caller also asked about post-adoption reports: Were they supposed to be from adoptive parents or from the adopted persons themselves? My take: I’m pretty certain the caller knew that post-adoption reports are to come from parents, but her point in suggesting that adoptees submit post-adoption reports is an excellent one. It would be great if both the U.S. government and the sending countries were genuinely open to receiving such reports, if not in fact making them mandatory.

Information on post-adoption reports to the State Department is available here.

I welcome comments and responses, especially from others who listened in or participated on the call.

International Adoptees (Immigrants): Proving Citizenship for Social Security

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Yesterday a 28-year-old international adoptee went to the Social Security Administration (SSA) office to get a replacement Social Security card. The worker there told her that she was not listed as a U.S. citizen according to Social Security. What? She has a passport and a Certificate of Citizenship, and has been a citizen for decades.

The situation was resolved easily with the passport, and the SSA now considers her to be an American citizen. She will get her replacement Social Security card in a couple of weeks.

Still, it was a surprise, that a major U.S. federal agency did not know that someone with a U.S. passport and a Certificate of Citizenship had been a citizen for years.

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Adoptive parents and internationally adopted adults: Unless you show proof, the SSA may not know you’re a citizen. While it might not complicate things like the paperwork for college, financial aid, citizenship verification for jobs, tax matters–it surely could.

A few thoughts:

  •  You don’t have to be a U.S. citizen to get a Social Security number. A Social Security number does not prove or mean citizenship, though you do have to be in the U.S. legally (or born here) to get one. The SSN is primarily for job/salary/ income tax purposes. International adoptees, as children, can get social Security numbers prior to citizenship by showing their adoption records. Information from SSA is available here.
  • The Child Citizenship Act of 2000 made citizenship automatic for international adoptees under 18 who arrived in the U.S on an IR-3 visa; they receive their CoC automatically. Those who arrive on an IR-4 visa receive a “Green Card” and are lawful permanent residents who must complete their adoption in their state, and then will receive the CoC. You can read more about the process from the State Department site here.
  • When an adoptee becomes a citizen, or more precisely, has proof of citizenship, he or she needs to show that proof to the SSA, in order that the SSA lists the adoptee as a citizen for its purposes. The passport or Certificate of Citizenship (CoC) will work, and can brought in or mailed to the SSA office. I’d be nervous about mailing a passport or a CoC, but I recognize that a second trip (after initially applying for the Social Security card) to an SSA office can be time-consuming and difficult for some folks.
  • When the proof of citizenship has been seen by the SSA, the SSA will confirm in its records that the person is indeed a U.S. citizen.
  •  Federal government agencies do not appear to share databases (Department of State and Department of Homeland Security, for example). Federal, state, and local government agencies often use different policies and databases for proving citizenship and verifying identity.

That last point is important. As kids grow up, they need different paperwork for school, college, sports, internships, travel, and jobs. All adoptees should have proof of their citizenship. Adoptees who were over 18 when the Child Citizenship Act (CCA) became law because and so did not qualify for citizenship under the CCA should definitely make sure they have proof, since they are subject to deportation if they are not citizens. The Certificate of Citizenship, issued by the Department of Homeland Security, is considered by many to be the gold standard for proving citizenship. One government agency might accept a drivers’ license, and another might insist on a passport. Another might use the Department of Homeland Security database and only accept the Certificate of Citizenship. Different states have different requirements and databases.

Government paperwork has a lot of permutations: U.S. birth certificates are issued to international adoptees, listing adoptive parents as the ones who gave birth, and are not proof of citizenship; the certificates are legal fictions. Drivers’ licenses from some states will  no longer be accepted for airline travel in years to come: you will need REAL ID. Who knows how citizenship identity requirements will change in the future, for immigrants, for international adoptees–for everyone? I strongly recommend getting your paperwork house in order.

 

The deadline to apply for the Certificate of Citizenship before it doubles in price is December 23, by the way. I’ve written about it here: Internationally Adopted Children in Our Anti-Immigrant Culture. Info about the increase is here.

 

 

 

 

 

More Progress on Adoptee Citizenship Legislation

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There may be some more light in the tunnel for international adoptees in the form of U.S. citizenship. Legislation was introduced June 10 by Rep. Adam Smith (D-WA), and co-sponsored by Rep. Trent Franks (R-AZ), on the House side (H.R. 5454), to provide retroactive citizenship for all international adoptees. The bill is companion legislation to S. 2275, introduced on the Senate side by Sen. Amy Klobuchar (D-MN) last fall. Both bills have been referred to their respective Judiciary Committees. Next steps could be hearings in those committees, though nothing has been scheduled yet. These bipartisan bills represent significant progress on citizenship for all international adoptees. The work is not done yet by any means, but having bills on both the Senate and House side is significant.

In a press release, Rep. Smith said “Adopted individuals should not be treated as second class citizens just because they happened to be the wrong age when the Child Citizenship Act of 2000 was passed.” You can read the entire press release here.

Today is the second Adoptee Citizenship Act (ACA) Day of Action, and international adoptees and allies are on Capitol Hill to advocate for passage of the legislation. The first Day of Action was on April 19. The National Korean American Service and Education Consortium is among the leaders of today’s event. Their press release includes this story:

“Kris, an adoptee from Washington who is impacted by the ACA, said: ‘The US is my home and I am an American citizen of the United States, even if a piece of paper says otherwise. I attended college, raised 2 children, and paid my taxes as a citizen. I worked for Fortune 500 companies as a highly successful database engineer and project analyst. Now I am in a precarious state and am concerned about my citizenship and employment status. I was born in Vietnam and was to be brought to the United States with other children through the Operation Babylift during the Vietnam War. My parents who are U.S. citizens were stationed there at Anderson Airforce Base in Guam while volunteering for the Red Cross and adopted me in 1975. Somehow, my adoption paperwork was lost during the naturalization process. My parents thought the process had been completed, as there was no indication of a problem. This loophole needs to be fixed for the thousands of others who are living, like me, without citizenship.'”

It seems amazing that, for decades, international adoptees were not granted automatic citizenship when they were adopted by U.S. citizens and arrived in the U.S. You can learn more here.

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Some folks might forget that international adoptees are immigrants, with all the complexity that immigration involves. I urge all adoptees and their families to make sure they have a Certificate of Citizenship. A passport is a limited means of proving citizenship, can expire, and is issued by the U.S. State Department, The Certificate of Citizenship is issued by the U.S. Department of Homeland Security, and does not expire. State and Homeland Security use separate databases, and so having a passport may not be adequate proof of citizenship for some purposes.

You may never need the CoC. I get that. But the parents of deported adoptees (those convicted of a felony and without citizenship) probably never envisioned their children subject to deportation either. Nor, of course, did the adoptees themselves, including those who have been deported to Germany, Korea, Brazil, and elsewhere, who are sitting in U.S. Immigration and Customs Enforcement detention centers, or who are unable to vote or get financial aid because they have no proof of citizenship. Why risk it?

 

Internationally Adopted Children In Our Anti-Immigrant Culture

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Update: As of December 23, 2016, the cost for a Certificate of Citizenship is $1,070. More information is available here.

 

In the eyes of federal immigration law, internationally adopted babies and children are immigrants. Not beloved sons and daughters. Not forever family.

We are living in a decidedly anti-immigrant culture now, one that is leery of legal and illegal immigrants, that often lumps them together with a snarl, that often is particularly suspicious of those immigrants who are not white. Proof of citizenship is vital.

The U.S. Department of Homeland Security (DHS) just announced potential fee increases in the Certificate of Citizenship (CoC). You can read about it here. Scroll down to “Section IX Proposed Fee Adjustments to IEFA Immigration Benefits.” The fee for the CoC could go from $600 to $1,170, a 95% increase.

The CoC applies to anyone who would like to document their U.S. citizenship status based on U.S. citizen parentage. It pertains especially to those born outside the U.S., and thus internationally adopted children.

Depending on when children arrived in the U.S. and on what kind of visa, they may automatically receive a CoC. Some have to be re-adopted here in the U.S. and then file separately for the CoC.

Adoptees who arrived in the U.S. prior to enactment of the Child Citizenship Act of 2000 did not have any automatic citizenship options: their parents had to apply for citizenship for them. The Child Citizenship Act (CCA) of 2000 applied to adoptees who were under 18 years old as of February 27, 2001, the effective date of the law. Adoptees who were over 18, and had not become U.S. citizens, did not qualify for the automatic citizenship granted by the CCA.

Yes, it’s complicated. Add in immigration laws from the late 90’s that allow for deportation of non-citizens who commit felonies. There have been and will be adoptees deported back to their countries of birth, with no language, family, friends, work, or other connections there.

Some adoptive parents get passports for their kids, and don’t get the CoC. Here’s my non-lawyer take on it.

The passport is issued by the U.S. State Department. It is a proof of citizenship, allows one to travel, and can be used as a form of identification. It expires and must be renewed.

The Certificate of Citizenship is issued by the U.S. Department of Homeland Security. It never expires. It is the most definitive proof of citizenship that the U.S. offers.

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Different federal and state agencies, in my experience, use different databases to confirm citizenship. It may be easier to prove citizenship for Social Security benefits, state ID’s, financial aid, voter registration, health insurance, medical benefits, and passport renewal (especially if the passport expires) with a CoC, than with a passport.

It may be that some federal/state agencies use only the Department of Homeland Security’s database in determining eligibility for certain benefits: hence, the CoC can ease eligibility and confusion, delays, etc. It may be that, in the future, a passport will not be sufficient to proving citizenship for certain state or federal programs.

I am firmly in the camp of having both the passport and the CoC for our internationally adopted children. I get that they may never need the CoC–until they do.

Further, given the current political climate, and what we may move toward in the next decades, why not have definitive, government-recognized, US Department of Homeland security–sanctioned proof of citizenship?

Our U.S. Congress is slowly moving toward granting US citizenship to international adoptees who arrived here before 2000. The adoptees are seen as a class of immigrants, not as the children of U.S. parents, until proven otherwise, despite all the levels of paperwork that international adoption entails.

I think a lot of adoptive parents did not and do not see their kids as immigrants. But that’s what they are for US government status purposes. Certainly many in our U.S. Congress do not see them as genuine family members: otherwise, retroactive citizenship would have been enacted, and adoptees would not have been deported.

Given the political climate currently, ensuring an international adoptee’s solid legal status seems compelling. Getting the Certificate of Citizenship is expensive now at $600. It will be even more so if the increase is enacted.

At the end of the legal day, I urge all adoptive parents to get the Certificate of Citizenship for their children. Average the cost over the lifetime of your child, who will have permanent proof of his or her citizenship. I urge adult adoptees to get the CoC for themselves if their parents did not. It’s no small matter these days. Who would have thought that adoptees, beloved sons and daughters, who committed crimes and served their time in jail would then be deported? But many have been.

And who knows what the future might hold?

 

Update: Here are some insights shared with me from members of the national immigration bar.

From one attorney: “The Department of Homeland Security’s computer systems don’t know that a U.S. passport has been issued. If a foreign-born person doesn’t get a Certificate of Citizenship, the DHS computer will never get updated to show that the person is a U.S. citizen.”

Federal agencies do not necessarily share databases. Actions taken by the State Department might not be on the radar of Homeland Security. As you might guess, information might also not be passed on to state or local agencies. The burden will be on the individual to prove citizenship.

From another: “And frankly, adoptive paperwork could also be forged/fraudulent. And passports are obtained from the Department of State. Therefore, the best way to deal with this issue is to work directly with the Department of Homeland Security. In other words, get the damn Certificate of Citizenship and be done with it!”

And yet another: “The Certificate of Citizenship puts the Department of Homeland Security on notice of the claim of citizenship. They will update their records and hopefully verify the claim to citizenship when the local constabulary inquires.”‬

And of course, we hope the local constabulary has no need to inquire, and that there are no law enforcement interactions. But if there are, far better to be able to quickly and definitively prove citizenship than to expend time, money, and other resources in a stressful legal situation.

You can get U.S. passport information here.

You can get Certificate of Citizenship information here.