Need help with complex adoptee/immigration issue

February 10, 2009

OK this is my 1st post even though I've been a member for awhile. It's a long complex one so please bare with me. Much of the information I have just recently found out through my newfound birth mother.

I was born in Germany. My mom immigrated to the USA with an American she married, Bringing me along in the process. I was taken from my mom at 4yrs old by Social Services ( I won't get into all the details). After my moms 2 yr court battle to get me back ended in failure she moved back to Germany. In the meantime I lived in foster care for awhile then was adopted by a family at 8yrs old. After I was adopted my adopted parents applied for US citizenship for me which I currently have. Now I'm 35yrs old and have just recently been reunited with my mom in Germany. Now I want to move to Germany but according to German law once I was adopted by a US family I lost my German citizenship.

Now don't get me wrong I love my adopted parents and would like to keep contact with them which brings me to the question, Can I obtain duel citizenship under these complex circumstances?

You have heard my story but there's even more complications. I am now married to a Mexican woman who has been voluntarilly deported to Mexico. We have 2 children (1 stepchild and 1 bloodchild) who were born in the USA, and it doesn't appear that the US government is going to allow my wife back in the US anytime soon if ever. My family is in shambles right now and we are all split up. My birth mom says that in Germany my family could be together which is why I am pursuing this avenue.

Any help or information in this matter would be greatly appreciated. Please help me keep my family together.

sak9645

February 11, 2009

Since you lost your German citizenship via adoption, you would have to apply for German citizenship again, and there is a possibility that you might not get it. But by pursuing German citizenship, you would lose your American citizenship. If you actively pursue citizenship in another country, according to the U.S. State Department, you are declaring your intention to relinquish your American citizenship. So you had better be very sure that you want to leave the U.S., and that Germany will allow you to obtain citizenship.

The U.S. allows people to have dual citizenship only if they acquire citizenship in another country through no action of their own. As an example, some countries from which Americans are adopted do NOT remove a child's citizenship upon adoption. Russia insists that an adopted Russian child retains citizenship until he/she reaches age 18 and chooses to relinquish it, even after he/she becomes a U.S. citizen. The U.S. has no problem with that. But China, like Germany, removes a child's Chinese citizenship once he/she is adopted by an American. If the child wanted to obtain Chinese citizenship later, he/she would have to give up his/her American citizenship.

Do remember that you might be able to live in Germany as an American citizen, however. Just as the U.S. as a class of legal permanent resident aliens (people with green cards), many other countries also allow permanent residence without citizenship. You won't get some of the benefits of German citizenship, but if Germany allows permanent residence without citizenship, this might be an option for you.

You should also be aware that the German government might not choose to give citizenship, or even grant a visa, to your wife, since she presumably committed a crime, such as illegal entry into the U.S., which caused deportation. Many countries have strict immigration laws, and while I do not know Germany's, I suspect that a history of deportation can affect your wife's ability to gain entry.

To explore your options, your best bet is to consult a reputable and experienced immigration attorney. My guess is that you are going to have great difficulty reuniting your family, but only a qualified attorney can give you a definitive answer.

Sharon