ADOPTION

Q: Will a child who has met the requirements of the Child Citizenship Act of 2000 need to apply for a passport from the State Department or a Certificate of Citizenship from the USCIS in order to become a citizen?

A: No. As soon as the law's requirements have been met, the child acquires U.S. citizenship automatically without the need to apply for either a passport or a Certificate of Citizenship.

Q: What documents are required to obtain a passport for a child who became a United States citizen under the Child Citizenship Act of 2000?

A: (1) Evidence of the child's relationship to a U.S. citizen parent (a certified copy of the final adoption decree); (2) the child's foreign passport with USCIS's I-551 stamp or the child's resident alien card; and (3) the parent's valid identification.

Q: How does a child demonstrate adoption in order to obtain a passport and/or Certificate of Citizenship?

A: By presenting a certified copy of a final adoption decree.

Q: What if I live abroad and have no address in the United States? Can my adopted child become a U.S. citizen?

A: Yes. Adoptive parents who wish to naturalize their children but who will continue to reside abroad may enter with their adoptive children with a B-2 visa and complete the expeditious naturalization process. This requires that they coordinate with the USCIS office that has jurisdiction over their case and which will set an appointment for the procedure.

To obtain a B-2 visa, adoptive parents must demonstrate that the child qualifies either under the two-year physical/legal custody rule or present an approved I-600 petition. When applying for a nonimmigrant visa, the adoptive parents must also prove that they have made all the necessary arrangements with the USCIS office and that they intend to depart the U.S. to continue their residence abroad. Adoptive parents can show proof of arrangements made with the USCIS by presenting an USCIS General Call-in Letter (Form G-56). Parents who qualify under the two-year legal/physical custody rule and who will continue to reside abroad can avoid the cost and paperwork of both the I-130 and the I-600 by using this procedure. Expeditious naturalization in all cases must be complete before the child turns 18.

Q: Where do I obtain information on adopting abroad?

A: The United States Department of State Office of Children's Issues maintains a file of country-specific adoption information sheets. In addition, adoption agencies, parent support groups, adoption magazines and newsletters can provide a wealth of information. Talking with families who have adopted children and specialists in adoption issues can be a helpful measure to prepare for the issues involved with an international adoption.

Q: How can I check the credentials of an adoption provider?

A: There are several ways to investigate the credentials of an adoption provider before engaging its services. It is helpful to talk with other families or individuals in your adoptive support group who have had prior experience with the agency, attorney or individual you are planning to select. The Better Business Bureau may be able to advise you if there has been a negative report about a business but would not necessarily have information concerning individuals claiming to be adoption experts. The adoption section of the state social services office and the state Attorney General's office can usually be of assistance. Finally, ask for references and check them thoroughly.

Q: How should I prepare to travel abroad?

A: What you should take when traveling abroad will depend on the country (climate and season), the length of your stay, and the particulars of the child you will adopt (age, health, etc.). In countries with limited resources, it is advisable to bring supplies from the United States. In most countries, disposable diapers and disposable bottles are unavailable or very expensive. A good travel agent should be able to provide information about the availability of products and services in a country. Alternatively, you might request information from the foreign embassy or consulate of the country to which you plan to travel. The foreign country's holidays can also affect court dates, office workdays, and the country's embassy or consulate can also provide you with this information.

Q: How should I approach the adoption process abroad?

A: Adoption can be an emotionally stressful process, particularly while facing the additional challenges of adjusting to another culture. Gathering information on the culture of the country prior to travel and even setting aside time for sightseeing can reduce stress and make the experience more positive. It will also provide invaluable information and experiences to relate to your child in later years. If you become ill, the U.S. embassy or consulate can provide you with a list of local attorneys and hospitals to assist if necessary.

Q: How should I obtain multiple copies of foreign documents?

A: Before you depart the country with your child, you should be sure to obtain several duplicate certified/authenticated copies of your child's foreign birth certificate, adoption decree and any other relevant documents. Often these documents are necessary at home, and it can be difficult to obtain copies from the foreign government later.

Q: How can I obtain information concerning attorneys, interpreters or translators in a foreign country?

A: U.S. embassies and consulates maintain lists of English-speaking foreign attorneys and have information about interpreters and translators and can refer you to other sources.