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The Child Citizenship Act of 2000
Below are two links to information about the Child Citizenship
Act of 2000. One link is a press release from the United States
Department of State dated March 5th, 2001. The other is a fact
sheet put together by the United States Imigration and Naturalization
Service. Please access these two links in order that you might
read for yourself what these two agencies say about this act.
Some things that do appear to be clear and which are pertinent
to the community of adoptive parents of foreign born children
are:
1) The children must be residing in the U.S. as a lawful permanent
resident. This appears to be an important statement for the parents
of the children who, because of the type of Immigrant Visa which
was issued (IR-4), must readopt in the United States to satisfy
the terms of the Visa. Until the readopt is completed it would
appear that the children are not lawful permanent residents. There
is some confusion about this, even within the INS, The information
on the links to the State Department and the INS indicate that
proof of permanent resident status would be a permanent resident
"green" card. The INS has been issuing these even to the children
with the IR4 visas. The INS is not sure what they are going to
do about this, but they are thinking it over. It is our recommendation
that parents whose children have the IR-4 Visa (where only one
parent was able to travel) finish the readoption as the INS has
instructed .
2)Even though a child is considered a United States Citizen, no
certificate of citizenship will be issued unless an application
is made to INS . Therefore, unless the parents submit an application
for citizenship (as they had to do before this act was passed)
they will not have proof of citizenship which the certificate
provides.
Editorial thoughts
Some parents have said that because the procedure for obtaining
the Certificate of Citizenship will remain the same, at least
for now, that no real change has been made by this law. That is
not the case, however. This should not be seen as a paperwork
reduction act for the adopting parents. This is a protection for
the children whose parents do not apply for their citizenship.
Prior to this act a child was not a citizen unless the parent
applied. Now the child is a citizen (even without the certificate
of citizenship) even if the parent does not apply or if something
happens to the parent before the application process is complete.
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