IR-3 Visa / Permanent Resident Card

While IR-3 children should not receive a permanent resident card, because they become citizens upon entry into the U.S., the USCIS often sends one. I think that some offices tend to send them out routinely to all newly adopted children. Your certificate of citizenship should come in 60-90 days, if your child truly came in on an IR-3 visa. It could come sooner. If it doesn't arrive after 60 days or so, contact the USCIS. However, I note that you adopted from Ethiopia. As far as I know, all children coming home from Ethiopia do so on IR-4 visas. The reason is that the adoption is actually finalized BEFORE you travel and meet your child. Under U.S. immigration law, IR-3 visas are granted ONLY if both spouses (or a people adopting as single parents) see a child BEFORE the issuance of a final decree of adoption overseas. These are the only children that the U.S. considers to have had full and final adoptions overseas. IR-4 visas are given in the following cases: 1. Only one spouse in a married couple sees the child before the issuance of a final decree of adoption overseas, even if both spouses travel to pick up the child. The adoption is not considered full and final by the U.S. government, even if the foreign government issues a final decree. 2. Neither spouse sees the child before the issuance of a final decree of adoption overseas, even if both spouses travel to pick up the child. The adoption is not considered full and final by the U.S. government, even if the foreign government issues a final decree. 3. The child does not actually receive a final decree of adoption overseas, but travels home (either with one or both spouses, with only one spouse, or with an escort) on a decree of guardianship. (This option occurs with Korea and a few other countries.) The actual adoption must occur in the parents' state of residence. If your child actually has come home on an IR-4 visa -- you can check by looking at the visa stamp in your child's Ethiopian passport -- then you MUST either readopt or do a "recognition" of the adoption in your home state. Your child will become a U.S. citizen only AFTER the issuance of the readoption decree or the recognition document. And you will need to APPLY for a certificate of citizenship, using the N-600, once you have completed the readoption or recognition. I hope this helps. Sharon

You need to contact them. I received only her Certificate of Citizenship. I actually waited for this (took about 3 weeks) before I got her social security card, so I wouldn't have to change it twice (once for her citizenship status and once for her name). I don't know how you can prove she came in on an IR-3 visa, but if you can get someone to talk to you, then I bet you guys can work through it and get it corrected. D.

DD did come home on an IR-3 Visa... DH, DS and I all flew to Ethiopia to meed DD before her case went to court, so that we could obtain the IR-3. We actually had to go back to the US Embassy and get it corrected when the first visa that they issued was an IR-4... Since we are stationed in Germany, her passport had to be sent in to obtain a SOFA stamp... so right now, I don't have any proof of the IR-3... I guess I will have to wait till' it comes back and then try to figure out what is going on... Thanks for your help!

There may be some U.S. rules concerning visas that are different for American citizens living outside the U.S. Be sure to verify all information you receive with the U.S. State Department and USCIS, to make sure that it is accurate for expats and not just for folks living in the U.S. Sharon

We are not Expats... we are stationed in Germany with the US Army... Our home of record is Pennsylvania.... so all 'normal' rules should apply... Shouldn't they??

Hello, Our daughter came in to the country on an IR-3 visa 3 weeks ago. I was thrilled when there was a letter in the mail today from US Citizenship services, thinking that it would be her birth certificate which was supposed to be automatically issued. However, we were horrified to find that she has been denied automatic citizenship because they say she doesn't meet the requirements since my husband and I were living in the Czech Republic (where we adopted her) when we applied for the IR-3 visa. The problem is that at the time we entered with the baby we became permanent residents here (because we were moving back here and are now working and living here in California.) The letter said our only recourse is to apply for citizenship for her with form N-600 which requires paying A $255 FEE which will go up to $460 if not paid by July 30th, 2007, when the rates change. :-( We're very frustrated because we think they made a mistake in her case and now to appeal with have to pay hundreds more dollars after already paying over $1000 for the other immigration and visa stuff up to this point. We'd appreciate any insight you have gain as you've tried to figure this out. Thanks,Jenny Thomasjenny_freddie@hotmail.com

Hello all, I posted a reply about getting a permanent residence card instead of citizenship document, but I wanted to give an update that might be helpful. We received a letter saying they couldn't automatically give our daughter citizenship, even though she came in on an IR-3 visa, because they think she is just in the States temporarily and that our family actually lives in the Czech Republic. This is not the case. Anyway, the important thing is that I just spent all morning calling many different numbers and offices, arguing with very incompetent people who claimed to be supervisors at the USCIS but hadn't heard of an IR-3 visa etc.... :-) and I finally found a USEFUL PHONE NUMBER! If anyone has this problem, you can call the Buffalo office directly and leave a message on the Problem Resolution Line, which deals directly with problems related to getting proof of citizenship for adopted children under the Child Citizenship Act of 2000. The woman on the answering machine sounded very nice and the message said they are committed to helping families resolve these issues as quickly as possible and if you leave the details in a short (you have to speak very quickly!) message, they will call you back within 2 business days. The number is (716) 551-4741. You have to listen for the menu option about citizenship services (I think it was #6) and then leave a message. I just left 2 messages now, so I'll let you know if I have any success, but this definitely felt promising. It was encouraging because I was actually talking to the office that made the mistake, so presumably they at least know what the law says, unlike all the other USCIS officials I have talked to who are CLUELESS! :-) Anyone please feel free to keep in touch with me about this and other issues (jenny_freddie@hotmail.com). One thing I've learned in this adoption process is that we become the experts and we often know more than the people who are paid to handle this stuff! It is great to be connected with others who are going through the same thing. Blessings and good luck,Jenny Thomas