DoD Directives

For Ms Peanutmommy, Thank you for opening an issue, though your experienced may not be as painfull as mine. If I may add a few more, and in hopes that you and me and others out there can provide us better clarification, find better solution, recommendations and where to obtain help. Pardon me, this email is long, but someone out there may have a look-a-like scenario and would appreciate this is discussed. i'd rather have this in a detailed manner for some missing facts may give us wrong direction. I would like to discuss a very complicated "Immigration" procedures after the adoption (while in the Military) stationed in Japan. I am a U.S. Citizen and so on with my wife. I have exerted all efforts, researched any immaginable references called the U.S. Embassy., etc., our Legal Assistance Office on Base.,..... and todays technology on the State Dept websites, but still my questions is unanswered. ** I have recently adopted two minors 14 and 16 years old respectively, from the Philippines, after a 2 long slow years and streessfull porceedings .... and thanks its over. (Not yet!) I'm stationed overseas (Japan) as an active duty USN. These two minors are now in my custody overseas, approved as Dependents and again approved as Command Sponsored under SOFA. Enrolled in DEERS, They are also enrolled full time in Department of Defense School in a Military Base, included in my orders back to the U.S.!! perfect!!, ** Here comes the stresser, accordingly, by U.S. Immigration rules they can not travel with me in my PCS orders to the U.S. this coming Sepetember 2004 due to the fact that they have not satisfied their 2 year custody requirements residing with me overseas. The adoption was final October 2003 and they arrived with me Jan 2004. They are not eligible also for Child Citizenship Act for reasons not meeting requirements. No type of VISA is available to them except a tourist (B-2) approved on a case by case basis only. If approved, they must return to Philippines after the duration of their stay. I found this Immigration rules very hard and dissatisfying, not fair, as I am caught in between my PCS move. I do certainly hope that the State Dept, Justice Dept in consideration to U.S. Military personnel like me serving honorably for 19 years and protecting the U.S. interest will look in to this matter and review this closely and waive this rule. - I will be forced to send them back to Philippines after allthose efforts I went in through??, just because of this rule. The fututre of this kids is in our hands. As a new adoptive father, I will do within my power to provide them stable family invironment, better education and future........... The U.S. Military encourage adoptions. and we all know that, Adoption expenses are also reimbursable. ** The other option that I went in to but failed, was to request for another tour overseas, anywhere in Japan to stay here at least min of two years in time to complete the 2 residency requirements ut my appeal was repeatedly denied by the higher authority in my Chain of Command for reason, I have been in Japan for so long. Can anyone tell me where would be my next step. Will this regulation in DOD Directive 1315.7 applies?? that a servicemember may extend tour to complete Adoption process. To me awaiting immigration approval (2 year residency) is part of the process. As a last resort, I am tempted too close write my Congressman for this issue. Vr, DMM

I am certainly no expert. We are only in the beginning stages of adopting from Korea right now. I wish that I could help you more. I can only offer this: maybe take that DoD directive number in to the JAG office and have them look it up. Maybe it will apply to you. I will keep you and your family in my prayers. Please keep us posted. My heart aches for you.