Anyway, this was darn frustrating to me. It’s unbelievable to me that someone who works in the Social Security office doesn’t know about the Child Citizenship Act. But even more than frustrating, it’s scary. Just because we know a child is a citizen doesn’t mean everyone will, and it’s important that we secure that tangible proof for each child.
For the last couple of years, issuance of the Certificate of Citizenship has become automatic for children entering the country on an IR-3 visa. As I’ve written about before, many Certificates are issued in the child’s original name, or version of the adoptive name not necessarily chosen by the family. Even though it’s maddening to have to go through additional hassle and expense of getting a corrected copy, I think it’s worth it to ensure that every I is dotted and every T is crossed.
For children entering the country on an IR-4 visa, citizenship is NOT automatic. This is the case when only one spouse travels to bring home and adopted child, or when a child is escorted home. In this case, the parents must finalize the adoption once the child is home, and then apply for citizenship for the child. Unfortunately, some parents don’t recognize the importance of this, or they come home and become overwhelmed by the changes in their lives, and simply forget.
If you live in Utah, you may have seen or heard
news reports about 25-year-old Samuel Schultz, who faces deportation to India after being convicted of two felonies for car theft. Samuel was adopted from India at age three, but his mother never filed the necessary paperwork to secure his citizenship. Samuel, who is LDS, speaks only English, and has no contacts in his birth country, will simply be dumped. The deportation cannot be cancelled, and Samuel did not qualify for asylum.
Granted, this man has a serious criminal record, but what if this were your child? Whether this is a fair punishment is moot; the fact remains that the law allows for deportation under these circumstances, and this man now faces a very uncertain future – one that could have been avoided had his adoption been properly completed. A prison term in the U.S. seems far preferable to life on the streets in a country where you don’t speak the language, are in the religious minority, and have no means of supporting yourself.
The lesson in all of this is obvious. Take the time NOW to make sure you have what your child needs to prove citizenship, and if you don't have it, get it.
RESOURCES
Information about IR-3 and IR-4 visas
Information about citizenship for internationally adopted children
Reasons to obtain the Certificate of Citizenship
Free citizenship packet
Application for Certificate of Citizenship