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Does anyone know if children who were adopted from Colombia are still considered citizens of Colombia? My dad is filling out some background check information for his job and needs to know if our son has dual citizenship.
The US does not recognize dual citizenship -- this is true. However, there are no consequences for being a dual citizen and no legal mechanism for the govt to do anything about it except under very specific conditions. PLease see the following explanantion in English!
[URL="http://immigration.findlaw.com/immigration/immigration-citizenship-naturalization/immigration-citizenship-naturalization-dual.html"]Dual Citizenship - Immigration[/URL]
LET ME REPEAT:
A CHILD BORN IN COLOMBIA WILL ALWAYS BE A COLOMBIAN CITIZEN -- UNLESS YOU GO THROUGH A LONG, COMPLICATED, AND COSTLY PROCESS OF RENOUNCING YOUR CITIZENSHIP -- which can only be done by the child himself, upon turning age 18.
Therefore, your child is legally obligated to fulfill all of the laws of Colombia. Please refer to the link I included -- it explains the pluses and minuses of dual citizenship.
As the wife of a dual citizen, and the mother of 2 more. I have spent a long time figuring this all out so that we can visit our family in Colombia, own property there and go to school or work there if that ever became necessary.
WHile the way dual citizens are treated in Russia and other countries is interesting -- it is not helpful when discussing the specific needs of children born in Colombia.
Colombian born child are required to obey all Colombian laws if they plan on visiting, living or working in Colombia at any point in the future. This means entering and leaving the country on a COLOMBIAN PASSPORT and fulfilling military service (currently for boys only -- though there has been talk of extending service to girls also) -- or going through the paperwork of becoming exempted. It also means at 18, they must register with the Colombian Consulate and request their own CEDULA de CIUDADADNA. There are no consequences if they do not do this --- UNLESS THEY PLAN TO GO TO COLOMBIA at any point in their adult life. So, as long as they have NO INTEREST in their birth country at all, it won't matter --- HOWEVER --- IMOHO it would be really sad to have been raised in such a way as to care so little about their birth country and culture that they would never want to return and see it for themselves at any point in their adult life.
FOR a great explanation -- long and lots of reading:
[URL="http://www.cis.org/articles/2001/paper20/renshontoc.html"]Center for Immigration Studies[/URL]
Here is a quote:
A person in the United States may acquire multiple citizenships in any one of five ways. (Aleinikoff, 1998a, 26, 27; see also O'Brien, 1999, 575) He or she may be born in the United States to immigrant parents. All children born in the United States are U.S. citizens regardless of the status of their parents (jus soli). Second, a person may be born outside the United States to one parent who is a U.S. citizen and another who is not (jus sanguinis). A child born to an American citizen and British citizen in the United Kingdom for example, would be a citizen of both countries. Third, a person becomes a naturalized citizen in the United States and that act is ignored by his or her country of origin.[URL="http://www.cis.org/articles/2001/paper20/renshontoc.html#3"]3[/URL] This is true even if the country of naturalization requires, as the United States does, those naturalizing to "renounce" former citizenship/nationality ties. In the case of the United States, failure to take action consistent with the renunciation carries no penalties, and others countries can, and often do, simply ignore that oath of allegiance. Fourth, a person can become a naturalized citizen of the United States and in doing so lose her citizenship in her country of origin, but can regain it at any time, and still retain her U.S. citizenship.[URL="http://www.cis.org/articles/2001/paper20/renshontoc.html#4"]4[/URL]
Colombia applies to the thrid case.
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1. While this conversation was asked specifically about Colombia, There is no harm in comparing how other countries treat internationally adopted children.
2. I know of two internationally adopted children whose parents raised them "well" IMO. Meaning adoption and birth country was talked about freely and openly. Child number one has NO interest in birth country AT ALL. Child number two, has a vague interest and "may" visit in the future, but isn't strongly compelled to do so. Both of these "children" now are in their mid 20's.
This is highly individual and may or may NOT reflect how they were raised.
Below is the U.S. State Department statement on dual citizenship:
Dual Nationality
The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.
Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.
However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.
Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.
Sharon
The point is that Colombia requires a Colombian born person to enter and leave Colombia on a Colombian passport.
After futher consultation with our attorney in Colombia, I found out the folowing information. If the child does not plan on visiting COlombia until after age 28, the child (an adult 29 or over) can then apply for a Cedula and a Libreta Militar from the closest consulate and recieve them after paying specific fees. Colombia will not force anyone over the age of 28 to fulfill their military service. SO -- there is just that 10 year window -- from 18-28 that is the concern. We never thought about not travelling to Colombia as we go every other year, and so we wanted to make sure our kids would be up-to-date on all of the requirements, including military service.
The attorney also felt that the child could at 18 go to the consulate and inform them that he 1. was adopted by US parents and 2 doesn't speak Spanish and therefore should be exempted from military service. There is -- at this point -- no special rules regarding adopted children serving in the military, but there is a great deal of discretion by officials abroad to issue the Libreta Militar -- so the potential is that you could get it without any problems. This would likely not work in our personal case because my DH is Colombian and my kids DO speak Spanish. You could also send a letter to a consulate and ask about how to have your adopted child keep COlombian citizenship without having to fulfill the military obligation and see what they say.
entropy -- you are right -- I am sure that there are adoptees that don't want to go back. And I am a bit passionate about Colombia. So sorry! :)
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No worries! I am too!
We're talking our daughter around age 7. Of course, We are big on travel. She's not quite 5 and she's already visited 5 countries BESIDES the USA and Colombia.:airplane:
I have a question regarding the military requirement. Does Colombia have a statute for conscientious objection? We plan to raise our child as a pacifist and hope he/she will not want to join the military. To hear that Colombia would require service if he/she returned between certain ages is a little scary for me.
I would recommend that you write a letter to the Colombian consulate that has jurisdiction over your state and express your concerns. Ask them if there are any laws that would preclude your child from military service.
Fabulous.
So my 25 YO ADD son, adopted in 1986, who put his US passport thru the wash (several times) and then lost it, has to keep track of his Colombian passport?
I don't even know where it is!
Wonderful. Just wonderful.
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The Constitution changed in 1991 and the laws went into effect in 1995. He is exempt -- born 1986. However, if he wants to claim his Colombian citizenship -- he can.
This is all so interesting ...........
Our daughter, adopted at age 12 from Colombia in 2003, entered and exited Colombia on a US passport in 2005 when we returned for a vacation there. We had no problem whatsoever.
Most countries that consider children adopted by Americans as continuing to hold citizenship in their birth countries do not officially recognize the children's American citizenship or accept the notion that they are dual citizens.
In other words, the child can't simply get a visa in his/her American passport, if American citizens normally require visas to enter a country, and can't simply flash his/her U.S passport at the airport if Americans are permitted to enter without one. From the foreign country's perspective, the child is a Russian or Colombian, or whatever, and not an American or dual citizen at all.
A child adopted from Colombia must show a passport from his/her birth country to "re-enter" his/her country, just as any Colombian citizen who goes on a trip outside his/her birth country needs to show a Colombian passport in order to be readmitted to his/her homeland.
sak9645
Most countries that consider children adopted by Americans as continuing to hold citizenship in their birth countries do not officially recognize the children's American citizenship or accept the notion that they are dual citizens.
In other words, the child can't simply get a visa in his/her American passport, if American citizens normally require visas to enter a country, and can't simply flash his/her U.S passport at the airport if Americans are permitted to enter without one. From the foreign country's perspective, the child is a Russian or Colombian, or whatever, and not an American or dual citizen at all.
A child adopted from Colombia must show a passport from his/her birth country to "re-enter" his/her country, just as any Colombian citizen who goes on a trip outside his/her birth country needs to show a Colombian passport in order to be readmitted to his/her homeland.
i'm just curious how'd they know the child was adopted from that country especially if their names were changed once they came to the US?
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DrLaura
Because their US passport lists their place of birth.
ahh....i never noticed that before. :) learn something new everyday! thanks for the info.