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Hi everyone. I went to the Social Security Admin today to get a replacement card for our daughter a: 5/2001 from Romania. I was informed that we had to apply for a COC at a cost of $420 because their records say she isn't a citizen. Both my husband and I traveled to Romania and spent time with her prior to the adoption, which was finalized in Romania while we were there. Under the law at that time, we were told she would become a US citizen as soon as we landed in the US and we have operated under the assumption that she is a US citizen ever since. We pulled out all of our records and find that she was issued a Permanent Resident Card when we returned to the US. All the information I've been able to scrape together seems to indicate that she should never have been issued the PRC because she came in with an I-3 Visa. Can anyone tell me what we need to do to fix this? We have had some serious challenges in recent years and $420 would create a severe hardship for us right now. Thank you in advance for your help, advice and/or insight.
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I would suggest taking all your paperwork into the social security office with you and see what they say.
I've always assumed that if she has American parents she would automatically get us citizenship. I don't know what the regulations are but the SS office should be able to point you in the right direction.
If they aren't/can't help I would contact immigration and naturalization. If that isn't close by, your local passport office might be able to give you information as what to do next.
Hope this helps - and good luck.
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You might cross post this on the Guatemala forum. There are several members there who brought their children home prior to the Child Citizenship Act, as it sounds like maybe you did, and can clarify for you. (I can't remember the exact date of the Child Citizenship Act, but it was in 2001 I am pretty sure. The other possibility is your adoption was final soon after the Act, but USCIS screwed up.) But I believe that your only option is to file USCIS form N600 to get your child a COC to prove her citizenship status. After the Child Citizenship Act, internationally adopted children who enter the US on an IR3 visa are officially citizens upon landing in the US and receive a COC, but prior to that act, the COC was not automatic and had/has to be applied for. Do cross post there or PM AdoptAmiga as she is one person I can think of right off whose children came home prior to the Citizenship Act.
SSA is notorious for having no clue about citizenship status (all they know is you have to show a COC or US BC to prove citizenship) and passports are issued by the State Department, not USCIS, so I would doubt they would be of assistance either. If you are anywhere close to your state's USCIS office, you can make an INFOPASS appointment and talk to a person who can provide advice. (The USCIS 800 information number is totally useless so I wouldn't even waste my time with that.)
HI,I agree with the above posters. An alternative is to go to a different office and or switch lines and try again to get the citizenship entry switched. Take a copy of the Child Citizenship Act - if you indeed came in after it went into force, it should help you make your case.I went in with my son's paperwork (he came in under an IR4 but we then finalized the adoption domestically), however, the first time I went in, they refused to register him as a citizen, even though it was clear according to the act, he became a citizen once we adopted him domestically (as we are both US citizens). I came home, called our adoption agency, and they told me to go to a bigger office. It worked perfectly. Often, the personnel in small offices are not used to doing these kinds of changes.
Thanks for all the suggestions so far. The CCA went into effect in Feb of '01 and our adoption was finalized in May of '01 so her adoption absolutely should have been covered and she should have immigrated with an IR-3 visa. I found out very quickly that calling USCIS was a waste of time. What on earth are they doing with our tax dollars? I will try again at the main office in Memphis, and I've been advised to contact my congresswoman and ask to speak with her "constituent services" staff. I have been gathering all the paperwork we have to prove she was incorrectly classified, because according to the USCIS website, we have to PROVE the error was made by the government before they will review it for free. We have all the adoption paperwork and translations, but nothing from the US Consulate in Romania or her actual visa. My husband thinks all that paperwork was kept by immigration when we re-entered the US. Do any of you know if we would have had any of that documentation returned to us at the airport or later? We don't recall getting any back, but then we've been dealing with a lot of other issues in the last eight years, so we may have it somewhere. If any of you got that kind of documentation back I'll keep looking through boxes and files. Again, thanks for your help.
Ginger
Bio-mom of 4
Birth mother of 1
Forever mom of Ana b: 4/’99 a: 5/'01
Hi,
Perhaps I can help you some. I adopted our son in Aug. of 2000. He came home on an IR-3 visa and he also had a "green card".
Now, you said she was incorrectly classified...but are you referring to the Social Security office? I just wanted to be sure I was understanding this correctly. It is my understanding that the SS office won't change children citizenship status unless they have documentation either from a US BC or a COC (Certificate of Citizenship). They are not permitted to "override" the UCSIS even though by law she is a citizen.
You said that you have to prove an error was made by the government before they can review it for free....What part of the gov't are you referring to? I'm imagining you are referring to the USCIS. From my understanding they have made no error other than not issuing a COC automatically. I'm not sure when exactly they started sending the COCs out automatically....Anyway, yes, your daughter is an automatic citizen in terms of the law, but you have to apply for it and get her the paperwork.
The thing is, I don't believe there is any way around having to get the COC eventually. You will need to file for a COC so that your daughter will be able to be employed in the US.
When you entered the US with her you went through immigration. You had a sealed packet that you gave to them and they did not return it. Everything (or nearly everything in there) you have a copy of with your adoption paperwork/translations. Back then they may not have given a "visa" but rather the immigration officer stamped her US passport and wrote in IR-3 and her Alien registration # which will match the one on her green card. So, eventually AFTER you file for the COC and receive it, you will want to file for a return of all your original documents...You don't want to get them returned until you file for the COC, because they should be available in case they are needed by the USCIS. Getting the files back after that can be exciting. Some families have indicated that they received extra stuff that they didn't know even existed like photos of siblings or birthparents so you'll want to get that back :)
I hope I have helped you some! Please do post back or PM me if I can help you more. I know my son came home prior to your daughter but things in 2001 weren't quite straightened out as they were in recent years with COCs coming automatically and all.
Good luck!
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[FONT=Comic Sans MS]If I remember correctly...and it's been a while...this is normal.[/FONT][FONT=Comic Sans MS][/FONT] [FONT=Comic Sans MS]We adopted DD from Russia in July 2002...and even though she was automatically a citizen...she is classified as a permanent resident by Social Secuirty until we get her a US passport and then submitted that to Social Security. Of course we never did that so I'm certain things could have changed since 2002. So USCIS considers her a citizen but Social Security does not. So I *think* you can get a US passport and then get SS to do their thing. I am curious if the US Certificate of Foreign Birth would work for us. I guess I had better work on this one of these days. [/FONT][FONT=Comic Sans MS][/FONT] [FONT=Comic Sans MS]My DS was adopted in 2004 and we automatically got his COC...after the law change.[/FONT][FONT=Comic Sans MS][/FONT] [FONT=Comic Sans MS]Good luck and report back...I obviously need to get thgis taken care of as well.[/FONT][FONT=Comic Sans MS][/FONT] [FONT=Comic Sans MS][/FONT]
I think that you are misunderstanding what you heard at Social Security.
The Child Citizenship Act of 2000 took effect in early 2001. It affected all
If your child came home on an IR-3 visa -- meaning that both you and your husband saw the child before a final decree of adoption was issued in Romania -- and if she was under age 18 as of early February, 2001, she became a citizen the moment you entered the U.S. You did not have to readopt or do a recognition in your home state unless your state required it, since the U.S. considered the adoption "full and final".
Unfortunately, you have no way to prove citizenship to Social Security. By federal law, ONLY the U.S. State Department and the USCIS can "adjudicate status" -- that is, determine who is and who is not a citizen -- by looking at documents like your child's foreign passport with the A-number, the adoption decree, and so on.
The Social Security Administration cannot determine who is and who is not a citizen without proof of citizenship issued by the USCIS (which issues Certificates of Citizenship) or the U.S. State Department, which issues U.S. passports. If you do not have a COC or U.S. passport for your child, it does not mean that she is not a citizen -- just that you cannot prove it to the Social Security Administration. You can still get your child a SS card and SSN. You just can't have your child listed as a citizen in SS records; your child will be listed as a permanent resident alien, even if she is actually a citizen.
Over the short term, this is probably not a big deal. About the only time where there is likely to be an issue is if you or your spouse dies suddenly. There are some death benefits that are payable to children of deceased citizens only if they have proof of citizenship at Social Security. Having to start applying for proof of citizenship for a child at such a time would be a very painful chore for the grieving surviving parent.
But I would strongly suggest getting proof of citizenship at some point. You will need it for many reasons, not just for changing status at Social Security. You might start with gettin a U.S. passport for your child, which is a document that the SS office will accept as proof of U.S. citizenship.
Fees for a passport are considerably cheaper than those for a COC, and the time frame is much shorter. Of course, the passport is proof of citizenship in only about 95% of all situations; a COC is proof in 100% of situations. And some Passport Agency offices are not very familiar with getting an internationally adopted child a U.S. passport without a COC, and may give you a hard time. Moreover, passports expire, and there is a fee to renew; COCs never expire.
In the long run, however, I do think that you should obtain a COC for your child. You can wait till you have a little more money, for sure. Still, it's the one proof of citizenship that will never be questioned and that never expires.
Sharon
It sounds rather as if USCIS may have screwed up and issued her a Green Card instead of a COC even though this was after the Child Citizenship Act. It happens. Even now. Many years after the Act.
I would definetly try working with your US Senator's office (some are helpful, some are not) and make an INFOPASS appointment if your USCIS office is within a reasonable driving distance.
The form to get back the packet you turned into Immigration at the airport is USCIS form G884. You can find it on the USCIS site. You can file this at any time. You do not need to get a COC first. (If you file the G884 first and file for the COC later, you will have to submit more paperwork with the COC application, but it is very easy.) Since what is in the packet varies from one person to the next, as well as by country it is hard to tell what might be in there, but it is well worth filing regardless of whether it helps in your current situation.
You can also file the USCIS Freedom of Information form G639. It gets you everything that USCIS has on file regarding your child - not just what was in the envelope - but it can take a year or more to process.
Do you have your daughter's passport from when she entered the US? I don't know about the process for Romanian adoptions or how things were processed on the US side back then, but it seems like there should be some indication of her visa status in her Romanian passport.
Good luck!!
Hi! What I would like to know if possible is how you adopted your child from Romania if the program is closed? I have had Romania on my heart since I was a teenager and wish to adopt from that country, but it seems impossible for foreigner. You give me a hope! Please message me and let me know if you can't post it here.
Thank you!!
Jessica
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swiftchick82
Hi! What I would like to know if possible is how you adopted your child from Romania if the program is closed? I have had Romania on my heart since I was a teenager and wish to adopt from that country, but it seems impossible for foreigner. You give me a hope! Please message me and let me know if you can't post it here.
Thank you!!
Jessica