Dual citizenship?

I've heard two different accounts here - one says that an adopted child from Russia is naturalized and becomes a US citizen. The other is that a child adopted from Russia maintains dual citizenship between the US and Russia until they are 18, at which point they have to choose one country. Which one is correct? Also, how does this impact things like - getting a social security number for the child - taxes - things like applying for college scholarships further down the road

I am not sure if things are different now but I was a naturalized citizen at age eight and held dual citizenship until I was 18. My parents claimed me on taxes, I had a ss # and was granted college loans through the US government...not a single difficulty. Melanie

Dunno about scholarships, but here's what I have been told about the other questions: When you adopt a child in Russia, that child starts out as a Russian citizen obviously. You will apply for a Russian passport for your child with your child's new adoptive name. You are applying for an immigration visa for your child to come to the US. That's the I-171H that you've been waiting for probably from USCIS (used to be INS, then BCIS). You take your child for an immigration physical after you've adopted the child in Russia & gotten the child's new Russian birth certificate with the new name & gotten the child's Russian passport with the new name. After the immigration physical, you go to the US Embassy and pay them money and turn over lots of paperwork. The US Embassy gives you a packet of papers that are sealed for you to hand to the US Immigration person who will be at the airport when you land in the US. As far as the US is concerned, your child is still a Russian citizen until the paperwork is handed to the US Immigration person at the airport on US soil. At that instant, your child becomes a US citizen, as far as the US is concerned, and the US no longer considers your child to be a Russian citizen. Russia still considers your child to be a Russian citizen, just one that happens to be living in the US. When your child is older (I've heard 16, I've heard 18 yrs old), your child has to elect whether to renounce his/her Russian citizenship. Until then, if y'all were to travel back to Russia for a visit, you'd show the US officials the US passport for your child, but you'd show the Russian officials your child's Russian passport. You would not apply for a Russian visa for your child to visit Russia because Russia considers him/her to be a Russian citizen. When you come back from your visit to Russia, same deal - show the Russian passport to Russians and show the US passport to the US. You should automatically receive (I think - this changed after I got home w/my little girl) a Certificate of Citizenship (CoC) showing your child is a US citizen. You can go ahead & apply for a Social Security # for your child before you even get that though, and Social Security will probably consider your child to be an alien until they see a US passport or the CoC, but who cares. You can apply for a US passport for your child when you get home. You will probably also want to readopt your child under the laws of your state so your child can get certified birth certificates in the future from your state instead of just having that one original certified Russian birth certificate. I have a friend in Huntsville AL who does a fair amount of immigration law stuff that I could put you in touch with if you have problems or further questions. Just pm me if you want her name. Best wishes & congratulations!

I'm not certain as to the current rules of what citizenships a russian adoptee will hold, but I do know about being a dual citizen. It does not effect my ability to pay taxes, have ss#, get government college grants/loans, or much of anything, really. It only means that when I travel to my 'other' country, I don't have to go through immigration!

The bottom line is that if you adopt a child under an IR-3 visa (both parents attend court and embassy, or one parent if single), then the second your child sets foot on US soil, he/she is a US citizen. Your child will not lose his/her Russian citizenship until he/she personally renounces it (if they choose to do so) when they turn 18. As far as the US is concerned, they are US citizens and have the same rights as any other US citizen who was born overseas. I believe there is a new Russian provision which will allow adoptive parents to renounced their children's Russian citizenship for them before they turn 18, but we have decided to allow our son to decide what he would like do in this manner. As a Russian citizen living outside of Russia, he is not obligated to join the Russian forces, so there's really no concern for us. Hope that helps! :)

I can't speak to the Russian laws, but four of our kids have dual Japanese/US citizenship (well, actually one just turned 18 and got his draft notice, and will have to choose now). It has not affected anything - SSN, taxes, nor college acceptance/application. Like another poster said - the only difference is that they can go thru the short-line at Japanese immigration! (and I guess with other countries with visa requirements for US citizens, you'd save the price of a visa -- though I don't know if that is the case for Russia),

manon - great info.! thanks! Does anyone know what for you need to apply for your childs ss # and is that something you can get ahead of time so you don't have to be paperchasing w/ baby?

You do automatically get a Cert. of Citizenship in the mail a few weeks after you return with your child. SS will consider your child an alien until they see the passport or CoC, so WAIT if you can on the SS#. It is another step, you have to notify the SS office again that they are now a citizen. Just a pain to do after so much paperwork. Also for us, we had to send a copy of our child's original birth cert. in Russian to the SS office. They have a person who translates it and then processes the paperwork. We found it amusing that INS would accept copies, but the SS office had to have the original. So you can't get a "jump" on the SS#. In some states you have to readopt, some states you don't. I live in Michigan and they recognize foreign adoptions. In my state at least, you do not have to readopt to get a certified birth certificate. They have what is known as a "recognition of live birth". It looks just like a regular Michigan birth certificate but has the original birth cert. info on it.

Hi, I can give you first hand knowledge. We just did this in February for our adopy\ted daughter. You can get an SS#, as soon as the child arrives in the USA. All you need is the English certified birth certificate, adoption papers(finalized) or baptism record. AS of Jan. 2000 all child adopted to American born parents are American citizens. Go to the INS website click on Child act 2000 and it will tell you how to apply for a certificate stating the child is American. It costs about $150. Hope this helps. Wendy

Child citizenship act became effective 2/2001; but the automatic issuance of the Certificate of Citizenship didn't start until 1/2004. Helpful link to Child Citizenship Act info: [url]http://uscis.gov/graphics/services/natz/CCA_Update.htm[/url] Even better, the fact sheet on the 2004 changes: [url]http://uscis.gov/graphics/services/natz/CCAFacts_Jan_04.pdf[/url]

We applied for our son's ss# before getting a US passport or certificate of citizenship but after we received his green card. We needed the green card, Russian passport, translated birth certificate and adoption decree (all originals, not copies), and I needed to provide my ID as well. Since they needed the originals it was worth the few hours it took to go to the local office rather than mailing things in. The person at the SSA office just needed to see these, not keep them. Although being admitted on an IR-3 visa made Tim a citizen as soon as he got here SS didn't recognize this (another example of great communication between govt agencies huh?). They still issued him a #, but with resident alien status. Once we got his passport it was pretty simple to amend his record to list him as a US citizen (1 form, a quick trip to the office with his passport and my ID).

Linda - When you initially applied for your child's SS #, did they indicate ON THE CARD itself that he was a Resident Alien? How did you know how he was listed? I ask because my wife went to our local SS office back in 2002 and presented our son's Russian passport with an IR-3 visa, his adoption decree etc and there was no mention of his status. Thanks :)

1. When is my Russian-born, adopted child considered an American citizen by the U.S. government? If all relevant parents see a child prior to the finalization of his/her adoption overseas, the child will travel home from Russia with an IR-3 visa stamped in his/her Russian passport and will be considered an automatic U.S. citizen as soon as he/she enters the U.S. If all relevant parents do not see a child prior to the finalization of his/her adoption overseas, or if the child is brought to the U.S. under a decree of guardianship for adoption here (the Korea model), the child will travel home on an IR-4 visa. He/she will not be considered a citizen until he/she is adopted or readopted in his/her state of residence, or -- in states recognizing foreign adoption decrees as valid -- until the state provides proof of recognition of the foreign adoption. Remember that, even if your child qualifies for automatic citizenship, you will have to apply for a certificate of citizenship, using the N-600 form (downloadable from the USCIS website) to prove that he/she is, in fact a citizen, unless your child has come home on an IR-3 visa after January 20, 2004. If your child has come home on an IR-3 after January 20, 2004, a certificate should be sent to you automatically within 45 days. A U.S. passport can be used to document citizenship for some, but not all, purposes. It IS important to obtain a certificate of citizenship. 2. What is my Russian-born, adopted child's citizenship status, in the eyes of the Russian government? The Russian government says that your child holds dual nationality until he/she is at least 18 years old, and presents himself/herself at a Russian Embassy in the U.S. to renounce allegiance to Russia. This becomes an important issue for children who travel back to Russia with their adoptive families, either to acquire a sibling or to become better acquainted with their birth country's cultural heritage. While most American citizens travel to and from Russia on a U.S. passport with a Russian visa stamped into it, Russian-born adoptees MUST use a Russian passport to enter Russia until they are at least 18 and until they have formally relinquished their Russian citizenship. Thus, they need to travel with two passports, a Russian one to enter Russia, and a U.S. one (or a green card if they travel before qualifying for U.S. citizen) to re-enter the United States. Some people worry that using a Russian passport because it is required by Russian law could jeopardize their children's American citizenship. In fact, the U.S. State Department indicates that this is not the case unless a person clearly shows intent to renounce his/her U.S. citizenship. Merely complying with the Russian rules concerning dual nationality does not show intent to renounce American citizenship. A person would have to do something proactive, such as SEEKING foreign citizenship, volunteering to fight in a foreign country's army, etc. in order to jeopardize his/her citizenship. Some people also worry that using a Russian passport -- and being of dual nationality -- could endanger their children by subjecting them to Russian laws concerning things like the military draft. While this is a possibility, it is unlikely that the Russians would pursue people who are also American citizens while they are on American soil. As for American dual citizens who travel to Russia, the U.S. State Department has indicated that it will endeavor to protect them as it protects all American citizens traveling abroad, but that dual citizenship makes it more difficult for such protection to occur if an individual violates Russian law. Once your child reaches 18, you may well want to talk with him/her about the implications of dual nationality. To avoid problems, your child may wish to renounce his/her Russian citizenship, which can be done at the Russian Embassy or a Russian Consulate, in the U.S. He/she should understand that he/she can still be proud of and celebrate his Russian heritage, without holding Russian citizenship. 3. Can I apply for a Social Security Number (SSN) for my child before he/she comes home, so I don't need to be dealing with too much paperwork once I'm busy with him/her? No. You cannot get a SSN for your child until you have physical custody of him/her, and have official documents such as his/her foreign birth certificate, foreign adoption decree or guardianship decree, and foreign passport. 4. How does my child's citizenship status affect his/her Social Security Number (SSN?) When you adopt a child from overseas, you can get a Social Security Number for him/her, whether or not he/she has become a U.S. citizen. In fact, you do not even have to have a final decree of adoption. Children from Korea, for example, come to the U.S. under a decree of guardianship, and are actually adopted here after a period of post-placement supervision, yet their parents can get SSNs for them before that finalization occurs. With Russian children, it does not matter if they come home on an IR-3 or IR-4 visa, if they have or have not been readopted, or anything else. All you need to do is to go down to the SS office and bring with you the originals of your child's foreign adoption decree, foreign birth certificate, and foreign passport with the "A-number" in it. (The A-number is the same as the one on the "green card", so if a clerk tells you that you need the green card and you don't have one, don't worry; just show him/her, or his/her supervisor, the A-number in the passport.) You also need to supply proof of your own identity, such as your driver's license or passport. Just fill out an application for a SSN and wait for the clerk to call on you. He/she will photocopy your original documents and return them to you while you are standing there. He/she will issue the SSN on the spot, and your child's card will be mailed to you within a couple of weeks. That being said, you should know that if your child's American name is not on his/her foreign documents, the SSN will usually be issued in the foreign name. Once in a while, you'll get a clerk who takes pity on you and issues it in the American name, but don't count on it. However, it's no big deal. Once you have readopted and/or done a legal name change by some other means, just go back to the SS office with the judge's order and fill out a change of name form. The clerk will photocopy the order and return it to you. Your child's SSN won't change, but a new card will be mailed to you. You should also know that, if you do not present a certificate of citizenship or a U.S. passport for your child at the time you apply for the SSN, your child WILL BE LISTED IN THE SS RECORDS AS A PERMANENT RESIDENT ALIEN, NOT A U.S. CITIZEN, even if he/she enters the country on an IR-3 visa and is, in fact, a citizen. The reason is simple. The Social Security Administration is not authorized by law to "adjudicate status" -- to determine who is and who is not a citizen. Only the U.S. State Department and the USCIS can adjudicate status, so the SSA can only list a person as a citizen if it sees a U.S. passport (issued by the State Department) or a certificate of citizenship (issued by the USCIS.) But it's no big deal if your child is initially listed as a resident alien, whether or not he's a citizen. Just go back to the SS office once you have obtained either a passport or a certificate or both, and file a change of status form. The clerk will photocopy the passport or certificate and return it to you. Your child's SSN won't change, and a new card may or may not be sent to you. The fact that Russia considers your child to be a dual national is totally irrelevant; U.S. law is what applies. Be aware that not all SS cards specify status. The SS records are what you must go by. So if you have any doubt about whether your child is listed as an alien or a citizen, contact the SS office to find out for sure. If he/she is listed as an alien, and he/she is already a citizen, just bring the appropriate documentation in and get the status changed. Remember that it IS important to have the SS records show that your child is a citizen, as some SS benefits are not available to non-citizens. For example, if your spouse should pass away, your child might not be eligible for a death benefit if he/she is listed as an alien. And you don't want to have to start proving citizenship at a time when you are dealing with grief. 5. How does my child's citizenship affect my taxes? The short answer is, "It doesn't." You will need to obtain a SSN number to claim your child as a dependent on your tax return. And if your child comes home on an IR-4 visa, you will need to readopt him/her or (in some states) to obtain a legal document indicating that the state "recognizes" his/her foreign adoption, before claiming the adoption tax credit. (With an IR-3, you do not need to readopt before filing for the credit.) You don't need to attach any proof of adoption, readoption, or SSN to you tax form, but if audited, you will need to show the auditor your adoption decree, readoption decree (if required), and SS card. The fact that you haven't yet gotten a certificate of citizenship or passport for your child, or that Russia considers your child to be a dual national, isn't relevant to your tax situation. 6. How does my child's citizenship affect his chances of getting a scholarship in the future? Some, though not all, scholarships are granted only to U.S. citizens. Therefore, you should be sure to readopt your child, if it is required because he/she came home on an IR-4 visa, and should have some documentation of your child's citizenship, whether your child came home on an IR-3 or IR-4 visa. While an unexpired U.S. passport is proof of citizenship in many situations, it may or may not suffice for the issuers of scholarships. A certificate of citizenship is the ONLY document that is acceptable in all cases, so you ought to obtain one for your child. Sharon

I was adopted from Russia when I was 6. I have dual citizenship. My Russian passport unfortunately is expired. Does anyone know how I can renew it and what forms etc I need?