IR4- how does a child become a citizen?

I thought once you brought them home they were automatically a US citizen. It was as if you had them. I am not sure but I am not sure what the IR4 is. I am sure we will get more responses. Sorry I couldn't help more. Ronita

I am sure others can explain this better, but there are two types of Visas IR-3 and IR-4. If you see your child prior to the adoption being final (visit your child), you come in on an IR-3 visa. If you do not visit your child prior to the final adoption decree, you come in on an IR-4 visa. With the IR-3 visa, your child will receive a certificate of citizenship. If you come in on an IR-4 visa, you will not and will need to readopt them in order to obtain citizenship. Most recommend readopting regardless as you will get a state issued birth certificate and you can combine it with any name changes. Also, states vary in their laws regarding readoption or "domestication of a foreign adoption." The big thing to remember is that the IR-3 provides authomatic citizenship and the IR-4 does not. I hope this helps... others please add to my explanation, it was my first attempt! Best wishes to all of you in your adoption process!

The stamp in your child's passport (temporary visa) is only good for one year. In the meantime you will receive your child's green card in the mail which will be good for 10 years. Plenty of time to readopt and apply for your certificate of citizenship.

From my understanding when you bring your child home on a IR4 visa(you have not seen the child before your pick up) when you adopt your child in your state that child is then a citizen but you will need to fill out a form with immigration that you automatically get with a IR3. Our first adoption we came home with a IR3 we are now adopting our second and she will come home on a IR4 so we discussed it with our agency. The certifate of citizenship is free with a IR3 but costs around $200.00 with a IR4. This is all confusing but talk to your agency and they can help. Brenda Bio mom to 4 wonderful boys Kjersti home from Guatemala 6/03 Waiting to bring Emma home

Thanks for the replies. I was thinking there maybe some process for citizenship or maybe she would have to wait until she was 18. Thanks. Maggie

IR-3 Immigrant Visa The child who is fully adopted overseas but has not resided with the adopting parents (the parents are either in the U.S., in the foreign country where the child resides, or in a third country) may enter the U.S. on this visa. For the child to be considered fully "adopted abroad," the adoptive parent(s) must have seen the child overseas. To qualify for an IR-3 immigrant visa, the following requirements must be met: (1) the child must meet the U.S. definition of an orphan, (2) the prospective parents must have met all pre-adoption U.S. state requirements (including having conducted a home study); and (3) the parents must have seen the child at least once either before or during the adoption process in the foreign country where the child resides. Consular officers cannot approve and issue an immigrant visa for an adoptive child without a USCIS-approved I-600 (Orphan Petition Request form). The USCIS will investigate the merits of the Orphan Petition and notify the Consulate if they can issue the immigrant visa. IR-4 Immigrant Visa The IR-4 visa is issued in cases where the child is to be adopted in the United States. There are several reasons why an IR-4 visa could be issued: (1) prospective parents were given only guardianship or legal custody or the country does not issue foreign adoption decrees as in many middle-eastern/African Islamic countries where only guardianship is awarded; and/or (2) parents did not see the child prior to adoption; and/or (3) the home state in the U.S. does not recognize adoption in a foreign country as a full and final adoption; and/or (4) IR-4 visas are issued only after verification that the pre-adoption requirements for the state where the child will be adopted and domiciled have been met. A home study is required. Re-adoption is necessary in the U.S. state of residency where the child will reside.

Re-adoption of a child IS required in the United States when an IR-4 immigrant visas has been issued to a adopted child by a Consular Officer overseas. Re-adoption is not required for IR-3 orphan visas, but IR-3 visas can only be issued when a full and final adoption overseas has been completed and both parents have seen the child prior to or during the overseas adoption. Under the Child Citizenship Act of 2000, an adopted child who has been issued an IR-3 immigrant visa ("Orphan adopted broad by a U.S. citizen") automatically becomes a U.S. citizen immediately upon his/her admission into the United States in the legal and physical custody of his/her U.S. citizen adoptive parent. A child, however, who has been has been admitted into the United States having been issued an IR-4 immigrant visa ("Orphan to be adopted in the United States by a U.S. citizen") becomes a U.S. citizen only when the adoption has been finalized in the United States and a legal parent-child relationship has thereby been created.

The certificate of citizenship is not free for those who came home with an IR3 visa. It cost us $145. We waited until after our daughter was readopted in our state before applying for her certificate and her passport so that everything would have her new name on it. It all seems so silly at times. My child became a US citizen in July of 2003 when she came home but we had no proof of citizenship until this spring when we ordered her certificate of citizenship. In the meantime Social Security wouldn't change her status to US citizen until after we got her certificate even though we already had adopted her through our state.

Actually, the process for applying for citizenship when coming in on an IR-4 visa varies from State to State so I would check with your local BCIS office. You do not always have to readopt before applying. You just need to show that the preadoption requirements for your State have been met. In our State that requirement is that an appropriate home study has been completed -- an easy one as you can't adopt without one :) When we brought our first daughter home we were not changing her name so we applied for citizenship within 2 weeks of her being home and received it less than 6 months later. A YEAR later we decided to add a middle name and then readopted and got a new State issued BC. Of course if you are going to do a name change then I would wait to readopt and then apply for citizenship so you will have the name you want on the certificate -- which is what we are doing this time around.

Check with your state too because some states recognize foreign adoptions as full and final, in which case you need to only have a "recognition of foreign adoption" and a name change if necessary...instead of a readoptionand then can do the citizenship paperwork...not sure if this is an easier or cheaper process...we are just starting it today. It is costing us about $500 plus court costs. Good luck! Kelly

I found this from a letter my agency sent us. Information was taken from [url]www.uscis.gov[/url] The USCIS has reengineered its processing in order to streamline the production of Certificates of Citizenship for certain children adopted abroad. Steamline processes have been developed for newly entering IR-3 children who are automatically U.S. Citizens when they arrive. These newly entering IR-3 children will receive Certificates of Citizenship within 45 days of their arrival instead of receiving a Permanent Resident Card and then filing the N-600 for a Certificate. The cost of the N600 is now $200.00 instead of $145.00 as it had been when I brought home my daughter. Hope this helps you. Brenda

Adoption calls for the issue of a new birth certificate, so that legally the child is the same as if he/she were "born to you," right? Does that mean that the child would be considered a "Natural born citizen?" In other words, could our adoptive daughter eventually become president? (Ok, no pressure there...) Also, it seems like on those forms one completes for employment, you have to put in some extra information if you are a naturalized citizen (or maybe that is for people who are not citizens yet)... I am just wondering if there is any extra kind of paperwork that our children will have to constantly complete or anything? D.

After you receive your "proof of citizenship" whether you file for it or it is automatic, whichever applies to your situation (depending on vias entered on and arrial date), remember to return to the Social Security office to have the status on your child's Social Security card changed from "legal permant resident" to "citizen" since this is not done automatically. Celebrating Miracle Monday...We're out of PGN!!! (Went in on 9/2 - Out on 10/4) Denise

Just a couple of clarifications: 1. As of January 20, 2004 the Certificate of Citizenship is not automatically sent to a family whose child enters the US on an IR3 Visa. There is no need to file the N600. HOWEVER, the C of C will come in the name listed on your Guatemalan birth certificate and will not be the 'new name' you may choose for your child. If you readopt and do a name change you will want to apply for an amended C of C after your readoption/name change is complete. 2. When readopting in your home state, or doing a recognition of foreign adoption, you will be issued a new birth certificate from your state...but it will still list Guatemala as your child's birth place...that does not change...so 'no your child will never be able to become President of the USA'. 3. It is wise to investigate your state laws to determine whether a readoption should be done even if you do come home on an IR3 Visa...because it's always nice to have a state issued birth certificate (just imagine your child trying to get copies of his/her birth certificate from Guatemala as an adult...probably not an easy thing to do!!)