A troubling legal loophole has left thousands of internationally adopted children in the United States without U.S. citizenship, despite having grown up here. Some have been deported to countries where they don’t speak the language or understand the culture. Others live essentially on the run, unable to get a driver’s license or a student loan for fear of being caught without documentation.
How could this happen?
The root of the problem lies in a complex interplay of immigration laws and adoption procedures. While the Child Citizenship Act of 2000 granted automatic citizenship to children adopted by U.S. citizens before the age of 18, it did not address those adopted prior to the law’s enactment. As a result, many people who were adopted as infants and raised in the United States throughout their lives are now discovering they are not legally U.S. citizens.
Without citizenship, these individuals may be denied access to essential benefits and opportunities, including Social Security, higher eduction, employment and education, healthcare, and driver’s licenses.
Moreover, the threat of deportation looms over these individuals, casting a shadow of uncertainty over their lives. Of the thousands of children in this position, only a few have been deported so far. While the likelihood of deportation may be low, the mere possibility can cause significant anxiety and stress. Maybe internationally adopted people do not know the language of the country where they were born, do not know anyone in that country, and do not have the practical skills to start a new life overseas.
To address this issue, various legislative proposals have been introduced to grant citizenship to these individuals. However, progress has been slow, and many affected individuals continue to live in limbo.
What should have happened?
Adoptive families who complete the adoption process for a child from another country have a responsibility to arrange for naturalization for their child. The sad truth is that many did not. Having done through the adoption process, they may have believed that their adopted children were already U.S. citizens or they may have figured they’d get around to it someday but didn’t follow through. Some brought their children in on medical or tourist visas to speed up the process, not understanding that this meant their children would be in the country illegally once those visas expired.
In many cases, the children became adults without realizing that they were not U.S. citizens. Only when they encountered problems with paperwork as they tried to get college admission, jobs, or passports did they discover that they had a problem.
What’s the solution?
Kids who were 18 or less in 2001 and living in the custody of a U.S. citizen, whether by adoption or biological relationship, can apply under the Child Citizenship Act. All others must go through the usual naturalization process, just as though they were not already in the United States. In some cases, they may have to return to their birth country to begin the paperwork.
The main takeaway: do it legally
Adoption is a legal process. We sometimes hear people trying to avoid bringing a lawyer with them on their adoption journey. The plight of these thousands of children is a reminder of why that is not a good idea. It’s essential that you have an experienced adoption lawyer on your side throughout the process. Heimer Law specializes in adoption. Contact us for a free consultation.
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