INTERNATIONAL ADOPTION FOR ACTIVE DUTY MILITARY PERSONNEL

Transcription

1 INTERNATIONAL ADOPTION FOR ACTIVE DUTY MILITARY PERSONNEL This pamphlet seeks to address many of the most frequently encountered judicial and administrative issues presented before, during and after an adoption of a child in a foreign court by active dut y military personnel. It is designed to acquaint you with the general requirements in these areas and is not a substitute for professional advice and counseling. Section A - General Information Paragraph Page Army Community Service 1 1 The Legal Assistance Office 2 1 Applicable Laws and Regulations 3 1 Required Documents 4 2 Section B - Military Benefits for the Preadoptive Child General 5 2 Army and Air Force Exchange Service (AAFES) Privileges 6 2 Medical Care 7 2 Education 8 2 Section C - US Visa Requirements General 15 5 Requirements for Classification as an Orphan (Immediate Relative) 16 5 Application for Classification as an Orphan (Immediate Relative) 17 6 Requirements for Non-Orphan Adopted Children 18 9 Application for Classification as an Alien Relative 19 9 Certain Procedural Matters Limitation on Adopted Children Who Immigrate Copies of Documents Penalty Governmental Services Adoption Reimbursement Tax Benefits for Adoption Section D - Miscellaneous Section E - Citizenship

2 SECTION A - GENERAL INFORMATION 1. Army Community Service: Your Army Community Service Center can provide you information and referrals to individuals and agencies that can help you locate a child and the practical consideration of adoption. 2. The Legal Assistance Office: a. Your legal Assistance Office and military lawyer can give you the following services: (1) Information, advice, and counseling in such areas as adoption, military benefits, and visa requirements. (2) A Review of the relevant state law on adoption, which will be applied if both parents do not travel to the child s foreign country (3) Adoption reimbursement programs that might cover some of the adoption expenses and/or potential income tax credits. b. Your military lawyer is prohibited from representing you in a civilian court or preparing documents which you will file with a civilian court. They will provide a listing of personnel qualified to do translation services. 3. Applicable Laws and Regulations. A comparison of applicable laws of your home state, and a review of regulations of the U.S. Immigration and Naturalization Service (INS) should be done as you take the first steps toward locating a child for adoption. Your success in adoption and in obtaining a U.S. immigrant visa will depend on a combination of several factors, including the following: a. Whether the child is an orphan or a relative. b. Time remaining until your DEROS (you need approximately 18 months to 1 year, this does not include China expect longer). See also adoption of non-orphans who are not US citizens. c. Adoption requirements of your home state law, such as a home study or a waiting period after filing a petition for adoption. (This is only applicable if both parents do not travel for the adoption.) d. Present age of the child to be adopted and his/her projected age at the time of adoption and filing of an immigrant visa petition (if not a US citizen). e. Whether the child is in the custody of his/her parent(s) or has been placed in an orphanage. 1

3 f. Whether one or both of the child s parents are still living and what contact the parent(s) have with the child. Whether the biological parents will consent to the adoption or have had parental rights terminated. 4. Required Documents. Unless otherwise specifically stated, all copies of documents referred to in this pamphlet must be either originals or certified copies. SECTION B - MILITARY BENEFITS FOR THE PRE-ADOPTIVE CHILD 5. General. Some military benefits may be available to a pre-adoptive child as shown in this section. Army Regulation , Identification Cards for Members of the Uniformed Services, Their Family Members and Other Eligible Personnel, dated 29 July 1999 should be consulted. Wards placed by court orders or by a recognized placement agency for at least 12 months are eligible for medical care (except those placed with no intent to adopt foster children), medical services, commissary, exchange and MWR support. The child would also be eligible to attend DODDS schools. SOFA status is not technically conferred until the completion of the adoption process, but provisional logistical support may be provided. However, until adoption is final, the presence of a pre-adoptive child in your home does not entitle you to an increase in the size of your government quarters. Contact ID card office, Military Personnel Division, Bldg. 101 to enroll the child in DEERS. The sponsor must provide: a. Court order giving custody of the child to the sponsor for at least 12 consecutive months, or b. Placement order from a recognized child placement agency, and c. Copy of the child s birth certificate. 6. Army and Air Force Exchange Service (AAFES) Privileges. A pre-adoptive child of an active-duty military sponsor (AR 60-20) or a U.S. civilian employee of the U.S. army overseas is entitled to use AAFES facilities if the sponsor possesses a legal decree or other instrument issued by a court or placement agency that awarded custody of the child. 7. Medical Care. A pre-adoptive child of an active-duty military sponsor enrolled in DEERS may receive medical and dental care. 8. Education. A pre-adoptive child of an active-duty military sponsor may attend a Department of Defense (DOD) Dependent School on a space available basis, tuition free, if the following conditions are met (DOD Directive ; DSPR ): a. The military sponsor has completed an in-loco-parentis affidavit form provided by the DOD Dependents School. b. The child resides with the sponsor and is on an accompanied set of orders. 2

4 c. The child is more than 50% financially dependent on the sponsor for support. d. The sponsor intends to assume complete responsibility for the child, that is, to adopt the child. SECTION C -US VISA REQUIREMENTS NOTE: Download your INS 600 A packet Approval is good for 18 months so it is important to process this as soon as possible. Processing time is approximately three months. The completed I 600A form must be sent to the INS office with jurisdiction over the country of your current residence. 15. General: a. The United States requires an application for immigrant status on behalf of an adopted child only when the adopted child in not a U.S. citizen. The two major categories under which a non-u.s. citizen adopted child can qualify for issuance of an immigrant visa are as an orphan or as a non-orphan. (There are other immigrant visa categories for a non- US citizen adopted child who was fathered by a US citizen and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 31 December 1950 but before 22 October 1982.) The adopted child s country of origin usually requires him/her to have a passport before leaving the country. b. Orphans may be adopted abroad or taken back to the U.S. for adoption. In both instances the same requirements (background check of adopting parents, home study) must be met and the same documentation assembled before an orphan immigration petition can be approved and an immigrant visa issued. People who wish to take an orphan to the U.S. for adoption should check with authorities in the state in which the adoption will take place. Some states have special preadoption requirements, which must be met before a petition can be approved and a visa issued. 16. Requirements for Classification as an Orphan (Immediate Relative): a. The adopted child must be under the age of 16 on the day when the adoption is finalized or decreed and at the time the petition to classify him/her as an orphan is filed with the U.S. Immigration and Naturalization Service. NOTE if the child is considered to be a non-orphan by the INS, the child must be in the physical custody of the adopting parents for 2 years after the adoption has been finalized before the child can immigrate to the US. b. The adopted child must either: (1) Have no parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents. A child who has been unconditionally abandoned to an orphanage is considered as having no parents. Surviving natural parents of an orphan are not supposed to have anything further to say about what becomes of the child. Thus in a contrived 3

5 situation wherein a surviving natural parent makes a special arrangement with a certain American couple for the adoption of the former s child, that child may not be an orphan within the meaning of the immigration law. A child is not considered abandoned when any of the following circumstances exist: (a) Placement in the orphanage is temporary. (b) The parent(s) intend to retrieve the child. (c) The parent(s) are contributing to the child s support. (d) The parent(s) have otherwise exhibited they have not terminated their parental obligations to the child, or (2) Have a sole or surviving parent who is incapable of providing for the child s care, and has, in writing, irrevocably released the child for emigration and adoption. (a) Often, but not always, the mother of an illegitimate child is considered a sole parent. (b) The child is considered as having a surviving parent when it is established that one of the child s parents is living while one is deceased, and the child has not acquired a stepparent. c. The child must have been adopted by a U.S. citizen who: (1) If married, is joined in the adoption by his/her spouse (the spouse does not have to be a US citizen). (2) If unmarried, is at least 25 years old at the time of the adoption. d. The adopting parent(s) must have seen the child before or during the adoption proceedings. 17. Application for Classification as an Orphan (Immediate Relative). The application, INS Form I-600, is called a petition and must be completed by the U.S. citizen parent (and the spouse if applicable) on behalf of the adopted child who qualifies (see para 16) for classification as an orphan (immediate relative). I-600A is used if the prospective adoptive parent(s) have not yet identified a child. a. You must also submit the following with the petition: (1) The birth certificate or, if not obtainable, valid U.S. passport issued initially for five years or other secondary evidence of U.S. citizenship of the adoptive parent (petitioner). 4

6 (2) If applicable, the marriage certificate of petitioner and spouse. If either party has been previously married, you must also submit divorce decrees and/or death certificates to prove termination of any and all prior marriages. (3) The birth certificate of the adopted child (orphan) or, if not obtainable, the best available evidence and explanation of the child s age. (4) If applicable, the death certificate or, if not obtainable, the best available evidence of death of the orphan s parent(s). (5) The adoption decree and translation. (6) If applicable, evidence to show the sole or surviving parent is incapable of providing for the orphan s care and has, in writing irrevocably released the orphan for emigration and adoption. (7) If applicable, evidence of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents of the orphan, such as unconditional abandonment to an orphanage. (8) A valid home study done by a public or private adoption agency or individual licensed in any state in the United states, or by an individual authorized by a state agency or a licensed agency to do the home study, which agency reviews the study and favorably recommends it. The home study must include but is not limited to: (a) A factual evaluation of the financial, physical, mental, and moral capabilities of the adoptive parent(s) to rear and educate the child properly. (b) A detailed description of the living accommodations where the adoptive parent(s) currently reside. (c) A detailed description of the living accommodations in the United States where the child will reside, if known. (d) A statement recommending or approving the adoption signed by an official of a public or private adoption agency licensed in any state in the United States. If the home study was done or favorably recommended by other than a state agency, the study must also include: (i) A statement by the agency or individual indicating that they are licensed. (ii) The state in which licensed. (iii) The license number. (iv) The period of validity of the license. 5

7 (v) If required by the district Director of the US Immigration and Naturalization Service, such other proof of license as is deemed necessary, including a copy of the license. (9) Completed fingerprint cards (Form FD-258) by both petitioner and spouse. (10) A bank check (not a personal check) or money order for the $460 fee, made payable to Immigration and Naturalization Service. b. Pre-processing of certain immigration procedures may enable the parents to complete some of the most time-consuming immigration requirements while they are simultaneously trying to locate an orphan to adopt. They should notify the embassy of their intentions to adopt and they will then be sent a packet of forms and instructions. The forms include FBI fingerprint cards and an I-600A (orphan) petition. The part of the petition pertaining to the adopting parents is filled out, while that relating to the as yet to be located child is left blank. The FBI background check is mandatory even though both adopting spouses may have military security clearances. At least 90 days are required to make the check following receipt of the completed fingerprint cards in the U.S. Immigration and Naturalization Service Office with jurisdiction over the country where you are residing. c. The approved home study is required of all whose children will immigrate as orphans - that is, children who are in fact orphans under the U.S. Immigration Law s definition and who have not been in the legal and physical custody of the parents for at least two years. The home study is to evaluate the suitability of prospective adopting parents. Current INS regulations do not specify who must do the home studies. They may be performed by base chaplains, physicians, family services, legal or other personnel. However, adopting parents should be careful to find someone competent, since they must submit the completed home studies to, and obtain the approval of, a licensed agency in the U.S. - usually in the state of the parents residence. Names and addresses of these agencies can be obtained from the embassy. d. The Immigration and Naturalization Service cannot approve an orphan immigration petition until both the U.S. licensed agency approved home study and the FBI background check have been completed. It is the responsibility of the adopting parents to have their fingerprints taken on the designated cards and to send them together with the completed I-600A petition and the $460 check or money order to the U.S. Immigration and Naturalization Service attaché, to the INS office which has jurisdiction over the country where you are residing. The approved home study should also be forwarded as soon as possible as it constitutes an element of the preprocessing procedure. Pre-processing documents are valid for one year from date of filing with INS, during which period the parents must locate and adopt an orphan child. If they do not adopt a child within a year, the petition is deemed abandoned. If they later find and adopt a child, they can obtain an up-date to their home study and file a new petition with a new fee. The original FBI fingerprint clearance remains valid for 15 months from date of submission. From the foregoing it will be seen that people who adopt orphans without having pre-processed have a great deal to do in what may be a short period of time before the PCS date. They should contact the embassy at once and begin assembling the necessary documentation for submission to the INS. 6

8 18. Requirements for Non-Orphan Adopted Children. These are children, both legitimate and illegitimate, who may have living parents or guardians who, for whatever reasons, give them up for adoption to American citizens or permanent residents. Common motives are economic or educational betterment. The non-orphan adopted child must have been: a. Under the age of 16 at the time the adoption becomes final. b. Subsequent to the adoption, the child must physically reside with and be in the legal custody of the adopting parents for two years before they can file a relative immigration petition (Form I-130). There was recently an instance in which a child, unable to obtain an immigrant visa, had to be returned to the natural parents after living with the adopting family (an older sister and her Navy husband) in Japan for only a year. When the two year physical/legal custody is completed, the child is petitioned for just like a natural born child. People who adopt orphans and thereafter have the children in their physical/legal custody for at least two years before they need to return to the U.S., should file the regular I-130 relative petition (instead of the I-600). Filing an I-130 petition eliminates the need for the background check and home study normally required when orphans immigrate. c. Adopted by a U.S. citizen or permanent resident alien. (In the infrequent cases where there is only a permanent resident - and not a citizen petitioner, the wait for the necessary quota number can be several years.) 19. Application for Classification as an Alien Relative. The application, INS Form I-130, is called a petition and must be completed by the U.S. citizen or permanent resident alien parent on behalf of the adopted child who qualifies (see paragraph 18) for classification as an alien relative. You must submit the petition in sufficient time for action to be completed, and for the child to obtain a visa and reach the United States, before the date on which he/she will be 21 years of age. Also, to meet the definition of a child and, therefore, be eligible for a visa and admission as an immigrant in this category, the person must be unmarried at the time of visa application and admission to the U.S. as an immigrant. You must also submit the following with the petition: a. Proof of U.S. citizenship: Valid passport, or a birth certificate with photo, ID of the petitioner. (Permanent residents present permanent resident card - the green card.) b. If applicable, the marriage certificate of petitioner and spouse. If either party has been previously married, you must also submit divorce decrees and/or death certificates to prove termination of any and all prior marriages of both parties. c. The birth certificates of the adopted child or, if not obtainable, best available evidence and explanation of the child s age. d. The adoption decree and translation. e. A check or money order for the $130 fee, made payable to Immigration and Naturalization Service. 7

9 20. Certain Procedural Matters: a. Whether an orphan or not, in order for the child to obtain an immigrant visa the child must be legally adopted. This means full compliance with all the requirements of the jurisdiction under which the child is adopted. Adoptions completed in other countries are also acceptable, provided all the applicable legal requirements of the place of adoption have been met. b. Petitions (Form I-130) for Non-orphan adopted children may be submitted at the embassy or nearest consulate. The two year legal/physical custody requirement must be completed. Then adopting parents should present evidence of their U.S. citizenship (or, if appropriate, permanent resident status), child s birth certificate and adoption papers, pay the $130 fee and execute Form I-130. The consulate will forward approved petitions to the embassy for immigrant visa processing. c. Upon tentative approval of an I-600A orphan immigration petition, the Immigration and Naturalization Service forwards it, together with the home study to the embassy, or to the consulate in Naha, for those serving in Okinawa. These approved I-600A and I-130 petitions are kept on file, and the parents are advised if further documentation and preparation is necessary for the visa application. The immigrant visa (a separate form rather than a stamp in the passport) is fastened to a packet containing copies of all the foregoing documents. Immigrant visas are usually valid for admission for four months, but orphan visas are valid for two years. At the port of entry it is surrendered to the INS inspector. The packet is opened, the documents reviewed, and if everything is in order the child is admitted to the United States as a legal permanent resident. The parents may then contact the local Immigration and Naturalization Service office if they wish their child to become a naturalized U.S. citizen. d. The Child Citizenship Act of 2000 automatically confers US citizenship for both biological and adopted children of US citizens who are born abroad and who do not acquire US citizenship at birth. The requirements are: 1. At least one parent of the child must be a US citizen, either by birth or naturalization. 2. They child must be under age The child must be residing in the United States in the legal and physical custody of the US citizen parent after having been lawfully admitted into the United States as an immigrant for lawful permanent residence. 4. If the child is adopted, the adoption must be final. See for more information. 21. Limitation on Adopted Children Who Immigrate. An adopted child, orphan or non-orphan, who immigrates and subsequently becomes a naturalized U.S. citizen, may not file immigration petitions for the natural parents. By giving the child up for adoption they surrendered any future claims to immigration benefits through the child. 22. Copies of Documents: 8

10 a. All documents submitted in support of the petition must be either originals or official certified copies of the original record issued by, and bearing the seal of, the official custodian of the record. A copy may also be accepted if the copy bears the following certification by an attorney: I certify that I have compared this copy with its original and it is a true and complete copy. Signed: Date: Name:, Attorney at Law Address: Admitted to Practice in State: b. Any document in a foreign language must be accompanied by a translation in English. The translator must certify he/she is competent to translate and that the translation is accurate. 23. Penalty. Willful false statements on any Immigration and Naturalization service form or supporting documents can be punished by fine or imprisonment (18 U.S.C. Section 1546). 24. Humanitarian Parole. Inevitably, cases arise in which a PCS date arrives before all necessary processing for an adopted child s immigrant visa can be completed. In one recent case a service member couple were unexpectedly offered an orphan child but a short time prior to their PCS date. Of course they accepted the child, but despite their best efforts, were unable to get state agency approval of their home study in time to have the orphan petition approved and an immigrant visa issued. In these and other instances in which the embassy is satisfied that, but for the time factor, an immigrant visa would be issued, and that there is a compelling humanitarian need (i.e., preventing the separation of parents and their adopted alien orphan), we are authorized to request an exception to the normal immigration requirements. The embassy must telegraphically explain to Washington the circumstances of the case, and request authorization for the child to enter the US under humanitarian parole. An Immigration Service panel in Washington must determine whether or not the case warrants the exercise of discretion to grant parole. If satisfied, the Service telegraphs authorization and the embassy prepares a parole document, which will allow the child to accompany its parents to the US, and to remain there until legal permanent resident status can be obtained. If the panel is not satisfied that the case warrants parole, the child cannot be documented for travel to the US. As mentioned previously, there have been the instances of non-orphan adopted children having to be returned to their natural parents. Humanitarian parole should not be assumed as convenient short cut to avoid normal petition and visa procedures. Orphans admitted under the humanitarian parole do not become legal permanent residents until the same procedures, which should have been followed abroad, are completed in the US. The difference is that in the US the parents must deal with local offices of the Immigration and Naturalization Service, which customarily have staggering workloads. This can cause the parents 9

11 considerably more inconvenience, delay and frustration than would have been the case had they completed processing abroad. It is the job of the embassy and the Immigration and Naturalization Service to render all possible assistance to the U.S. citizens to obtain legal permanent resident status for their adopted alien children. They can be expected to do everything permitted by law and regulations to facilitate the process. Service member families are strongly encouraged to consult immediately with base legal, family services, or personnel offices, and/or with the embassy or the U.S. Immigration and Naturalization office in Seoul as soon as they decide to adopt an alien child. Proper guidance and timely action will make it possible for the children to begin their new lives in the United States in an orderly manner. Recent laws will make an adopted child receiving an IR3 visa (given to the child if both parents traveled to pick up the child), a US citizen as soon as they enter the US,. If you are traveling through the US after your adoption, you may stop at specific passport offices and receive your child s US passport (for a fee) in one day ( New York office number (212) ). You must make an appointment 14 days before your travel date. Alternatively, some families travel via MAC flights to Hawaii to obtain expedited US passports. This website also has passport rush info: Adoption Reimbursement. An active duty member of the military services whose adoption of a child under 18 years of age is finalized on, or after, December 5, 1991, may be reimbursed up to $2,000 per child (with a maximum reimbursement to one service member of $5,000 in any calendar year) for qualifying expenses. See Public Law No , DoD Instruction , and AR for details. 26. Tax Benefits for Adoption. A child placed with you for legal adoption by an authorized placement agency or court is considered to be your dependent for tax purposes even if the adoption is not final. Additionally you may be able to take a tax credit of up to $10,000 for qualifying expenses paid to adopt an eligible. See IRS Pub 968 and Form SECTION D: ADDITIONAL TIPS Recently there are problems having some military notaries certified or apostilled at the US State Department. Here is what they say according to Laura Morrison who hand carries the notarized documents to the State Department for legalization. 'Recently, several documents were rejected because the Notary Seal said "Granted Powers" not "Judge Advocate" or any branch of the service.' Laura said the State Department will accept the notarized documents for certification or apostilles if the Seal, not the stamp, says "Judge Advocate" or "US Army" or "US Navy", etc. Again, if the seal simply says "General Powers" or "Notary" the State Department will refuse to certify or apostille. This week I had two clients receive the bad news that the State Department refused to legalize their documents for this reason and they have to do ALL of the documents over again. If you go to your legal office and ask them do NOT assume they will know what you are talking about. I recently asked a JAG lawyer about this and he said it made no difference but, believe me it does. Moreover, the SEAL must say Judge Advocate and a military legal office may not have that seal so you must find a military 10

12 Staff Judge Advocate Office that has the proper stamp if you intend to have the documents certified or apostilled. ----Randy Barlow, Adoption Social Worker For Americans residing in Austria, Belgium, Denmark, Finland, France, Germany Greece, Iceland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden, you may arrange a Shengen visa, giving your adopted child permission to come immediately the country of your current residence, rather than coming to the U.S. first. The details on this visa can be read at: Download a Shengen visa application here: This link is helpful to find the embassy of you country of residence and its location in the country of your adoption. So you will get a Shengen visa at the embassy of the country where you reside, located in the country where you will be adopting from. For example, if you reside in Germany, and are adopting from China, you must go to the Germany embassy while on your trip to China, to get your adopted child s Shengen visa. You must also present your SOFA letter, that you obtain at your JAG office, on base, before going to China. The Shengen visa allows your child to enter your country of residence; your SOFA letter allows her to stay there for several months. You must bring the child to the U.S. within 6 months, because the child s U.S. visa will expire 6 months after you get it at the embassy where you adopted her. Read this parent s account of a Shengen visa. FYI for other military families who may be interested in that Shengen visa to return to Germany and then later go to USA. a) We contacted the German and American consulates in Beijing by prior to trip, you can find both of them on the internet. From the German site you can download the Shengen visa application and fill it in/print it up to take with you. It is available in both English and German. They need 2 copies of the completed application. The US consulate/embassy reviewed our plan and gave it the go ahead, so did the INS office in Frankfurt by phone. b) The German consulate in Beijing forwarded our case to their consulate in Guangzhou, but turns out that it should have been processed by Beijing office anyway since Lily's orphanage in Jianxi province was in Beijing office's territory - however, once I showed them the saying so, the German Guangzhou office processed it as an exception for us. The German 11

13 consulate in Guangzhou is on the 19th floor of the Guangdong International Hotel. The staff speaks German/English/Chinese. c) We had no problem getting the Shengen visa for Lily. No problem at all. The easiest thing that happened that trip. d) The visa office in Guangzhou is open for application turn in, visas are available for pickup around 1330 for a 30 minute window of time. However, for us, they just told us to return at our convenience since they knew that we were running around completing adoption and visa stuff. We did not need an appointment, walk-in service. e) Bring with you: 2 photos of baby (taken at the same time as those for the US visa), 2 completed and signed visa applications, baby's Chinese passport and notarized adoption certificate (both Chinese and English versions, our facilitator had extra English ones made up for us), SOFA letter from JAG, copy of Rick's military orders, Rick's military ID card, parents' US passports (and they did look to see if a SOFA statement was in my passport), copy of German phone bill with residential address on it, copy of Community Savings bank statement with bank's German address on it, approx $50 in Chinese money (although they didn't charge us anything since Lily was an infant and Rick was stationed in Germany). f) We put in her application in AM and returned the next day to have the visa put into her passport. They needed to do a computer search, even for infant, so not possible on same day service. Instead of leaving her Chinese passport there, we brought it back the next day since we needed it simultaneously for the US consulate that day. g) Entering Germany, we had no problem at airport Customs. Showed them her German visa in her Chinese passport, and had the SOFA letter and Rick's military ID ready but they did not asked to see them. h) The Shengen visa is good for 90 days, but make sure that they mark it for "multiple entries into Germany" just in case. According to JAG in Heidelberg, Lily enters Germany on the Shengen visa but stays in Germany under the SOFA agreement so not necessary to renew visa if it expires before we can get to US (we are planning to do so in early Dec). Hope this helps others. Later additions from the same adoptive mother: We just got back from the USA and here is some info regarding the INS process in LA, hope it is helpful and can be useful for your "records". a) We had no problem bringing Lily back to Germany on a Shengen visa, then later bringing her to the US for her citizenship papers. b) A SOFA letter was helpful re-entering Germany with her c) We went through the INS office in LA since Rick is still a CA resident and his parents are nearby. I had a dickens of a time trying to pre-contact them by phone but finally located someone who proved to be very helpful. She is Ms Janice Thompson, citizenship office, INS, 300 North LA Street (cross street is Alameda St), Federal Building, room 6024, 6th floor, LA, CA Her phone # is and fax I think that she is the head of the citizenship office. I faxed her the completed N643 application (get from internet copy of Lily's US immigration visa and our travels plans. I then put the originals in the mail for overnight mail service (see 12

14 instructions, also need her birth and adoption certificate, 3 photos taken from the side, copy of parents passports and marriage certificate, copies of previous divorce degree and $145 in personal check). When we arrived at LA airport, she had arranged for Lily's packet to be hand carried to the LA INS office for an appt later that week (NB: Be sure that it is hand carried! Stress to the airport staff that the child is having a rapid processing by appt, otherwise they send it to Tennessee and that messes up everything - as we almost found out). The appt was later that week and took all day. I don't know why they insisted on doing a criminal check on a 10 month old baby but they did and it took hours. d) We ran out of time in LA and had to go get her passport while later visiting family in Boston. Boston no longer does "walk-in quick passports", but only on an appt basis. We had to go through the Boston Passport Agency at the Tip O'Neil Federal Building, Suite 347, 10 Causeway St (next to the Fleet Center), Boston MA. 3 day process. Need adoption papers, citizenship, parent's passports, 2 passport photos and $130, and copy of travel plans to justify rapid processing of passport. Tel# e) We also put in for her SSN at the above Federal Building on the same visit. What a nightmare!!! They didn't seem to understand that the US recognizes adoptions finalized in China, insisted that they needed to see her re-adoption in US papers even though we had her citizenship certificate. We finally got that straightened out. They also will not send the SSN card to an overseas address, so we had to have them send it to my parents. They didn't understand the concept of an APO AE address, which is officially a US military address, and insisted that it was overseas mail. I must stress that they get a SOFA letter (status of forces agreement between the host country and the US military) from their JAG office before going to China. Both the Germany embassy (for getting the Shengen visa) and the German airport authorities asked for it and looked at it (esp since Lily entered Germany on a Chinese passport). It should state the child's given/new adopted name, birth date, certified adoption agency, date of estimated travel from China, finalization of adoption in China, and the child's rights as a US military dependent upon adoption. No problem with getting a Shengen visa if you are US military living in Germany, Lily entered Germany on her Shengen visa then was allowed to stay in Germany indefinitely on her SOFA status as a US military dependent. The visa application is the same no matter what country you will be bringing your child to. So this website will work. two photographs (3x4cm), and valid passport The Shengen visa is good for 90 days, but make sure that they mark it for "multiple entries into the country" just in case 13

15 All overseas U.S. military personnel and families who are going to travel to a foreign country for an adoption, must have a regular tourist passport for this purpose. Although travel on military passports is allowed, before you go on the trip, you may have to send your passport to an embassy for the country of the adoption, with a visa application. So you will be without this passport for up to a week. So you do not want to be without your passport for this long. Also during possible wartimes, it is more advisable for U.S. military personnel and families not to flaunt their military involvement when they travel to the foreign country. Section E Citizenship for adopted children Who qualifies for automatic citizenship under the new law? The Child Citizenship Act confers automatic citizenship on children born abroad who are (1) born on or after February 28, 1983 and under 18 years of age; (2) residing in the U.S. as a lawful permanent resident; and (3) in the legal and physical custody of at least one parent who is a U.S. citizen. When did the Act go into effect? The Act was signed into law by President Clinton on October 30, 2000, and went into effect on February 27, How does the Act affect adopted children? Under the Act, children adopted from abroad by U.S. citizens receive the same treatment as children born abroad to U.S. citizens. A child whose adoption is finalized abroad becomes a citizen immediately upon entering the U.S. as a lawful permanent resident. In cases where the child is coming to the U.S. for purposes of adoption (but has not yet been adopted), that child becomes a citizen (having previously entered the U.S. as a lawful permanent resident) the moment the adoption becomes final. Does the Act apply to children adopted before it went into effect? Yes. The Act applies to every child who (1) was a lawful permanent resident (2) under 18 years old (3) in the legal and physical custody of at least one U.S. c itizen parent when the Act went into effect and to every child who meets these three criteria in the future regardless of the date the child was adopted or entered the U.S. The Act is not "retroactive", i.e., it does not apply to individuals who were over 18 years of age on February 27, If they wish to become U.S. citizens, they must apply for naturalization under the eligibility requirements for adult lawful permanent residents. Does "automatic" really mean "automatic", or are parents still required to take steps to ensure that their children are granted citizenship? 14

16 If a child is eligible under the Act, citizenship is conferred by operation of law, without any further action required on the part of the family or the government. There is no form or application to file, and the child requires no documentation of any kind to attest to his or her new status. Is my child eligible to apply for a passport? Yes. Those who wish to obtain a passport may do so using the same procedures available to children born in the United States. If your child is 15 or younger, the passport is good for five years. If your child is 16 or older, it is good for 10 years. In either case, it can be renewed when it expires. Does a passport serve as proof of citizenship? Yes. By law, a valid passport is proof of citizenship, with the same force and effect as certificates of naturalization or of citizenship. If the passport expires, does this affect my child's citizenship? No. The expiration of a passport has no effect on the child's citizenship. However, only a valid passport serves as proof of citizenship. How can I apply for a passport for my child? You may use the standard passport application (DSP-11), which is available from any passport office or post office. For a list of locations in your area, or to download a copy of the application form, visit the website for the State Department's Office of Passport Services. What other documents will I need to include with the application? The application must be accompanied by: Two identical 2x2 photographs. Parent's driver's license, passport or other valid form of identification. Certified adoption decree (with English translation, if necessary). Child's foreign passport with INS stamp I-551 or child's resident alien card. Fee of $40.00 (for children under 16) or $60.00 (for children 16 and older). Will we need to apply in person? 15

17 Children aged must appear in person. Younger children do not need to appear unless requested to do so by the Passport Service. In most cases, the parent may apply on their behalf. How long will it take to process our application? The normal processing time is six weeks. Applications can be expedited for an additional fee of $35 per application plus overnight delivery costs, and are usually received within two weeks. Further guidance regarding the passport process is available from the Office of Passport Services. What if my child wishes to have other proof of citizenship? Since children covered by the Act will no longer need to go through a naturalization process, they will not receive a naturalization certificate. For those who wish nevertheless to obtain a certificate of citizenship, we are working with the INS to develop simplified and streamlined procedures for doing so. We would advise families to wait until these new procedures are in place, as those who wish to proceed before that time will have to apply under the current process. What should I do if I have already applied for naturalization for my child? Nothing. While naturalization is no longer required, the INS will continue to process pending applications and will issue certificates of citizenship in due course. Please note that the processing fee is nonrefundable. My child is a lawful permanent resident of the U.S. but was abroad when the law went into effect on February 27, Did he or she become a citizen on that date? No, but he or she will automatically become a citizen the next time he or she enters the U.S. in the legal and physical custody of a U.S. citizen parent. Will children of American citizens who are born and reside abroad be able to become citizens as well? Yes, but they will not be able to do so automatically. If a child is born and residing outside the United States, the parent will need to apply for naturalization on behalf of the child and the child will need to enter the United States temporarily to complete the naturalization process and take the oath of allegiance. Information regarding the naturalization process is posted on the INS website. (copied from 16

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