by Gregory D. Luce, Esq.
At the peak of intercountry adoption in 2004, 22,988 foreign-born children entered the United States on immigrant visas (U.S. Department of State [DOS], 2004). This statistic represents the number of “orphan visas” the Department of State (DOS) issued for intercountry adoption that year. The DOS reports do not represent the number of children who actually arrived in the United States, or the number of children who were brought into the country illicitly to avoid the regulation of intercountry adoptions. The year 2004 marked the high point of intercountry adoption before a steep decline. By fiscal year 2023, the number of intercountry adoptions had fallen from 23,000 to less than 1,300.
Understanding and securing U.S. citizenship should be a high priority for intercountry adoptee youth in care and for their caseworkers.
During these twenty years, however, more than 187,000 children immigrated to the United States as intercountry adoptees, and nearly 50,000 of these children required a finalized state court adoption to secure U.S. citizenship (U.S. Department of State [DOS], 2004). Without a full and final adoption in state court, these children would not become U.S. citizens and, at age 18, would face a far more difficult task to become a citizen. Many of these and other adoptees are now young adults, or are close to reaching adulthood. And for these youth, as well any intercountry adoptees who enter state care as children, their road toward independence may be difficult, especially if U.S. citizenship has not been secured before they age out of that care.
Understanding and securing U.S. citizenship should be a high priority for intercountry adoptee youth in care and for their caseworkers, for a number of reasons:
- The disruption or dissolution of an intercountry adoption often significantly impacts the adoptee’s ability to secure U.S. citizenship.
- Aging out of state care without having obtained necessary records and U.S. citizenship documents will very likely lead to significant issues in their ability to secure employment, to enroll in post-secondary education, and to become independent.
- Aging out of state care without 1) adequate state-issued identification and 2) proof of U.S. citizenship, creates an infinite bureaucratic loop. Such youth cannot obtain government identification because they have no proof of lawful status or U.S. citizenship. But they also cannot obtain proof of lawful status or U.S. citizenship without such government identification. Each document becomes dependent on the other.
Accordingly, during their time in state care, an intercountry adoptee should secure two critical documents: a Certificate of Citizenship and a state-issued ID. This necessitates consulting with an immigration attorney who understands U.S. citizenship and identification issues for adopted people. It also involves concerted efforts to obtain necessary records on behalf of the youth in care.
Determining Citizenship/Lawful Status of Intercountry Adoptees
In general, caseworkers should consult an immigration attorney who understands intercountry adoption and its impact on U.S. citizenship. Immigration is a highly complex area of law, and mistakes are often made by non-lawyers, especially on issues related to intercountry adoption and U.S. citizenship. An immigration attorney will be able to request and review the youth’s “Alien File,” which is the U.S. government record of the child’s immigration to the United States. And while it may not be necessary to seek additional proof of U.S. citizenship if the youth in care already has such proof, the Alien File should still be requested and made a part of the youth’s file.
Collecting Necessary Documents
With the caseworker’s help, an immigration attorney should also be able to gather necessary documents to 1) assess the child’s citizenship and lawful status in the U.S.; and 2) determine what additional steps, if any, may be necessary to secure U.S. citizenship. Documents that should be obtained include:
- A valid and unexpired government-issued ID, preferably one that is REAL ID compliant.
- A certified copy of the state court adoption decree, if applicable.
- A certified copy of the adoptive parent(s) birth record(s).
- A certified copy of the adoptive parents’ marriage certificate, if applicable.
- A certified copy of the youth’s “foreign certificate of birth,” a state-issued birth record that is often issued after an adoption is finalized in state court.
- Records showing the child’s legal and physical custody with the adoptive parents while the child was under 18 years of age, such as school enrollment forms, transcripts, or the parents’ federal tax returns.
Applying for a Certificate of Citizenship (or for a Replacement Certificate)
Applying for a Certificate of Citizenship, while document-intensive, is a fairly straightforward process, especially if an immigration attorney is available to represent the youth. Importantly, United States Citizenship and Immigration Services (USCIS) does not require a filing fee for intercountry adoptees who file an N-600, the form used to apply for a Certificate of Citizenship. In addition, Adoptees United Inc., a nonprofit adoptee-focused charitable organization, oversees a Citizenship Clinic providing free legal representation for intercountry adoptees on various immigration issues, including applications for a Certificate of Citizenship, for naturalization, and for requesting a replacement Certificate of Citizenship if the prior certificate is lost or no longer available.
Greg Luce, Esq., is a Minneapolis based attorney with Adoptee Rights Law Center. He oversees a pro bono legal clinic for intercountry adult adopted people. Contact: [email protected]