Our office is receiving multiple calls per week asking , “How can I protect my internationally adopted child?”. News reports of removal proceedings for U.S. citizens can be scary and it’s natural for parents to want to make sure they have done everything they can to protect their child from possible detainment or deportation. 

First, DON’T PANIC! As a mom of two adult children adopted internationally, I have absolutely no fears or even flickers of concern that they may be detained.  Denaturalization has long been happening in the U.S. and was even significantly expanded as a tool to combat fraudulent immigration during the Obama administration. Denaturalization must be ordered by a federal court and is based on a civil finding or criminal conviction that citizenship was obtained fraudulently. The Justice Department’s recent announcement that it will be pursuing these cases more aggressively does not expand the categories permitted to be denaturalized or change existing law. An example of a recent denaturalization in the news was that of an Australian person who had omitted the fact that he had been convicted of possessing and distributing child pornography on his naturalization application. 

Second, if your child is not already naturalized, consult with an immigration attorney as soon as possible to complete the process.

If your child is already a U.S. citizen and you are concerned about your child being detained and unable to prove that they are a U.S. citizen, a Certificate of Citizenship, obtained through the N-600 application, is the best way to ensure that their citizenship is in law enforcement and social security data bases. Most recently adopted children may already have a Certificate of Citizenship; however, children that entered the U.S. on an IR-4 Visa likely do not. Even if your child has a U.S. passport, extreme prudence indicates obtaining a Certificate of Citizenship as well, as passports are in the Department of State data base, but may not be in the Social Security system. 

What do I need to obtain a Certificate of Citizenship for my child?

In addition to a long laundry list of items such as marriage and birth certificates, adoption decree, and passport photos, it is necessary to do a U.S. readoption if you have not already done so. If your child is still a minor, a California readoption requires copies of your original home study, one post-placement visit by a CA adoption agency, the adoption decree and translation, and something indicating your immigration status (Visa or passport). If your child is already an adult, no documentation is required but a pleading must be made to the court asking it to approve an adoption agreement between you and your child. Adoption Law Group offers a free consultation on exactly what will be required for your child’s readoption. Schedule a call with one of our attorneys here: https://adoptionlawgroup.youcanbook.me/