LawAdoption Blog: 2021

Monday, December 20, 2021

Foster Care Adoptions: Summary of Pros/Cons

Karen S. Law
Law Offices of Karen S. Law, PLC

klaw@lawadoption.com | (703) 723 – 4385

Summary of Pros/Cons for Foster Care Adoptions

· Eligibility to adopt from foster care:

o Children who are placed in the foster care system have been removed from their biological parents or previous adoptive parents due to abandonment, abuse, or neglect. They have experienced trauma and they need stable, loving homes. In some cases, the foster care parents will provide that home while services are provided to return the child to their prior parents. In other cases, the Court determines that the child’s best interests are not served by a return to the biological parents. The local social service agency then looks for suitable relatives to adopt the child. If suitable relatives cannot be found, then the existing foster care parents are eligible to adopt. This provides continuity for the child because they have been living with the foster care home while the parental reunification efforts are undertaken. For these reasons, families who choose to adopt from foster care must first feel called to provide foster care homes for children whether the children become available for adoption or not.

o Some parents choose to hire a private agency to help them through this process, which can increase the cost of adoption. These children are still in the custody of a public child welfare agency but are not placed locally because they are older children or have special needs that cannot be met within that locality. Parental rights are already terminated and these children are free for adoption. The children can be placed with families who are home study approved and have applied to adopt through a private agency (AdoptUSKids). These private agencies typically call their programs “waiting child” adoptions.

· Cost of foster care adoptions:

o Most adoptions from foster care cost little to no money. Parents who adopt foster care children adopt from a public child welfare agency of a county, state, or territory. In most foster care adoption cases, there are few or no fees because adopting a child from foster care is subsidized by the state. This is called adoption assistance and most children who are adopted through the foster care system do qualify for a state subsidy. Further, the cost of the home study is borne by the local public child welfare agency.

o “Families who adopt children from foster care are eligible for a federal tax credit. Tax benefits include a tax credit for qualified adoption expenses and an exclusion from income for employer-provided adoption assistance. The tax credit is based on a family’s income and tax situation. While the tax credit is limited to the year in which the adoption is finalized, credit exceeding a family’s tax liability can be carried forward for up to 5 years.” For more information, see Topic No. 607 Adoption Credit and Adoption Assistance Programs | Internal Revenue Service (irs.gov) (Children’s Bureau, 2020).

· Adoption assistance:

o Adoption assistance is a program meant to help families financially to make it easier to adopt from foster care, as well as make sure that a child’s special needs are met. Some children in foster care may have conditions such as, physical, or mental health disorders, learning disabilities, or other developmental issues that require ongoing treatment or specialized attention (Children’s Bureau, 2020).

o Depending on the case, adoption assistance could be one-time payment for legal expenses to finalize the adoption, ongoing monthly payments, or both, in addition to Medicaid or other state medical assistance. (AdoptUSKids)

o Adoption assistance may last until the child becomes a legal adult. The age of majority is age 18 in most states, but sometimes varies. However, some states provide Federal adoption assistance up to age 21 (Children’s Bureau, 2020).

o “Each State can determine what factors or conditions a child must have in order to be considered to have special needs for purposes of establishing eligibility for adoption assistance.” (Children’s Bureau, 2020) According to the Children’s Bureau the eligibility criteria include:

§ “The State has determined the child cannot or should not be returned to the parents' home.”

§ “The State has identified a specific factor or condition, or a combination of factors, that make it reasonable to conclude that the child cannot be placed with the adoptive parents without adoption assistance and Medicaid; or the child meets the medical or disability eligibility criteria for Federal Supplemental Security Income (SSI).”

§ “The State has made a reasonable but unsuccessful effort to place the child without Federal adoption assistance and Medicaid (unless this is against the child’s best interests). If an adoptive parent informs the State that they are not able to adopt the child without assistance, this prong of the special needs test will be met as to the child's eligibility.”(Children’s Bureau, 2020)

· Benefits to foster care adoption:

o The benefit to the child of leaving a traumatic home life for a stable foster care home is potentially life changing. The family learns to love and embrace a child from a different background and life experience. The cost of foster care adoption is low and allows families to adopt who could not afford to adopt through a private agency. Typically, families do not adopt due to infertility but because they have the resources and emotional capacity to adopt a child who needs a stable home.

Sources:

About adoption from foster care. AdoptUSKids. Retrieved from https://www.adoptuskids.org/adoption-and-foster-care/overview/adoption-from-foster-care

Child Welfare Information Gateway. (2020). Adoption assistance for children adopted from foster care. Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau.

Comparing the Costs of Domestic, Intercountry and Foster Care Adoption. American Adoptions. Retrieved from https://www.americanadoptions.com/adopt/the_costs_of_adopting

Disclaimer:

This web site and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2021.

Intercountry Adoptions: Summary of Pros/Cons

Karen S. Law
Law Offices of Karen S. Law, PLC
klaw@lawadoption.com | (703) 723 – 4385

Summary of Pros/Cons for Intercountry Adoptions

· Cost:

o Adoptive parents are financially responsible for: adoption agency fees, the cost of adoption professionals including a home study agency and a primary provider agency, travel costs, immigration documentation costs, and any legal fees. Adoption expenses vary depending on the country. According to Family Connections, a U.S. adoption agency, Intercountry adoption can cost anywhere from $12,000 to $30,000 on average (Family Connections Christian Adoptions). This is a low average.

o According to an older study from American Adoptions, these are the average individual costs of Intercountry Adoption:

§ Agency Fees/Program Application: $14,181

§ Dossier Preparation and Clearance: $1,818

§ In-Country Adoption Expenses: $6,412

§ Major Travel Expenses: $8,210

§ In-Country Travel Expenses: $2,234

§ Child’s Passport, Visa, Medical Exam: $816

§ *Each cost is an average of China, Ethiopia, South Korea, and Ukraine from 2012-2013 (American Adoptions[1]).

· Laws:

o Every country has their own adoption laws and process. Eligibility requirements can vary depending on the country, common criteria can include age, marital status, income, and health (Considering Adoption).

§ Age - Most countries have a minimum and maximum age for adoptive parents. Sometimes there will also be minimum or maximum age difference between the parents and the adopted child.

§ Marital Status - Many countries require couples to have been married for a certain amount of time before adopting. Some countries may not allow same-sex or single-parent adoptions.

§ Income - In most countries, adoptive parents are required to show proof of a stable income. Sometimes, though not often, countries will require a specific minimum income.

§ Health - Few countries have specific health requirements for adoptive parents. The countries that do have health requirements may ask for your medical records, mental health history, and other personal documentation as part of the dossier submitted (Considering Adoption).

· Uncertain Climate and Primary Provider Challenges:

o The adoption rules and regulations of a country could change at any time, and that is why it is important to stay updated. Intercountry Adoption (state.gov) is the best place to find adoption law updates for a specific country because it is compiled by the U.S. Department of State which grants the visas for adopted children. You should also speak with your adoption professionals for the most current and accurate information. (Kuligowski, 2020)

o COVID-19 caused delays or stoppages of intercountry adoption programs, including the People’s Republic of China. Political unrest or domestic laws which restrict intercountry adoption are not uncommon.

o Additionally, the difficulty of locating a U.S. based agency to serve as “primary provider,” cannot be discounted. Since the Universal Accreditation Act of 2012, every adoption must now use a “primary provider”, even when the family is adopting a relative. The only exception to this is if the family completes the adoption while the child is under the age of sixteen and then lives overseas with the child for two years, which is not feasible for most families. In that case, there is an alternative pathway, which does not require a “primary provider.” The family may use the Form I-130 process or the N-600K process.

· Timing:

o Children adopted from other countries must meet the requirements of their country of origin before they are placed for adoption. In most countries, in addition to meeting local adoption guidelines, they must be offered to a local family before they are eligible for an Intercountry placement. Because of these regulations, there is always a period of several months before the U.S. family is referred for adoption. Intercountry adoptions usually take more time to process than other types of adoption. Most children who are being placed for intercountry adoption in 2021 are five years and up. There are a few exceptions; for example, some countries have programs where children under the age of 8 months are referred for Intercountry placement.

· Benefits to intercountry adoption:

o Adopting a child from another country brings so much to the U.S. family in terms of embracing another culture and expanding their awareness and capacity to love another child who is not similar to them. Challenges exist in terms of acclimating to the U.S. language and culture for the child, as well as attaching to the family. There are many resources available to intercountry adoptive families, especially in more metropolitan areas, to assist with these challenges. Typically, families who adopt through this pathway do so out of a desire to give something more, not due to infertility.

o Some children who are adopted through this process are relatives of the U.S. citizens and have no parental care in their home country. For them, obviously coming to the U.S. to live with a close relative is life changing in terms of parental care and opportunities. We typically see these children adjust more quickly due to family ties, cultural awareness, and the existing relationships. Sadly, the cost of intercountry adoption is a tremendous barrier for many families who would like to adopt an orphaned relative.

Sources:

Comparing the Costs of Domestic, Intercountry and Foster Care Adoption. American Adoptions. Retrieved from https://www.americanadoptions.com/adopt/the_costs_of_adopting

Domestic vs. Intercountry Adoption: What’s Right for You? (n.d.). Family Connections Christian Adoptions. Retrieved from https://www.fcadoptions.org/adoption-options/Intercountry-vs-domestic-adoption.php

Kuligowski, S. (2020). What Can I Expect in an Intercountry Adoption? Adoption.org. Retrieved from https://adoption.org/can-expect-Intercountry-adoption

Top 10 Things Adoptive Parents Should Know About Intercountry Adoption. Considering Adoption. Retrieved from https://consideringadoption.com/Intercountry-adoption/is-Intercountry-adoption-right-for-you/top-10-things-adoptive-parents-should-know-about-Intercountry-adoption/

[1] As of 2021, The People’s Republic of China and Ethiopia are not participating in intercountry adoption. For the first, COVID-19 travel restrictions have placed programs on hold. Ethiopia passed a law restricting intercountry adoption.

Disclaimer:

Monday, August 9, 2021

COVID-19 Pandemic and Shutdown Increases Stresses in Foster Care for Children, Birth Parents, Social Workers and Licensed Foster Care Providers

Karen S. Law

Law Offices of Karen S. Law, PLC

klaw@lawadoption.com | (703) 723 – 4385

Prepared by Alyssa Howes, paralegal, with assistance from Karen S. Law

COVID-19 Pandemic and Shutdown Increases Stresses in Foster Care for Children, Birth Parents, Social Workers and Licensed Foster Care Providers

Drug Use During Pandemic Increases the Number of Children Entering Foster Care

According to the CDC, as of June 2020, 13% of Americans reported starting or increasing substance use as a way of managing stress or emotions caused by the pandemic (Czeisler, 2020). A reporting system called “ODMAP,” Overdose Detection Mapping Application Program, found that there was an 18% increase in overdoses nationwide during the early months of the pandemic compared to the same months in 2019. Statistics have shown that this trend continued throughout 2020. In December of 2020, the American Medical Association reported that at least 40 U.S. states have seen increases in opioid-related deaths, as well as continuing concerns for those with substance abuse disorders (Abramson, 2021).

Mandy Owens, PhD, a psychologist and researcher at the University of Washington Alcohol and Drug Abuse Institute, says that along with the sudden increase in substance use during the pandemic, she has observed an increase in both quantity and frequency of drug use. Research on drug use and overdose deaths have demonstrated that covid-related stressors, such as financial instability, loneliness, and anxiety about the virus, have contributed immensely to the increase in drug use. William Stoops, PhD, professor of behavioral science, psychiatry and psychology at the University of Kentucky says, “People are more stressed and isolated, so they make unhealthy decisions, including drinking more and taking drugs.” (Abramson, 2021).

Although we do not yet have hard statistics, we can surmise from the increased use of substances and the general increase in poverty and homelessness during COVID-19, that more birth parents will have children removed for abandonment, abuse, and neglect. It will be challenging for them to regain custody of their children under the circumstances.

There are also practical, as well as systemic barriers to reunification. For example, parenting reunification visits have had to be conducted remotely, not in person, due to COVID-19. Additionally, social services agencies have workers working remotely. It may be more difficult for birth parents to utilize in person services. For the most part, states have been able to adapt to the challenge of remotely conducting adoptions and foster care placements; but caseworkers in New York, for example, report that COVID-19 has made it much more difficult to do their jobs of serving the over 400,000 children currently in the system (Dodge, 2021).

Fewer Foster Parents Available

More kids have been entering the foster care system during the pandemic, but there are fewer families who are willing to take them in (Adams, 2020). Lyndsey C. Wilson, CEO of First Star, a national nonprofit that supports children in foster care, spoke to her experience during the pandemic: she has seen children transferred from foster placement to foster placement, through no fault of the child, but because the caregivers are concerned about Covid-19 (Adams, 2020). Health concerns, related to COVID-19, discourage people who want to foster children from doing so. There are many foster parents who have health issues and/or are immunocompromised, and they are apprehensive about expanding their households currently. This is a realistic concern. In Texas, for example, child welfare agencies have reported that children in foster care are contracting COVID-19 at twice the rate of the general population (Adams, 2020).

In addition to health concerns, fewer people are willing to take care of foster children during this time due to financial strain. The economic fallout of COVID-19 and the shutdown have devastated some foster parents financially, leaving them unable to take in new children. Many foster parents have experienced job loss due the pandemic. Because a stable financial situation is a requirement for fostering children, this has disqualified them from qualifying as a foster parent.

Children Aging Out Face Extra Challenges

Child welfare professionals are also concerned about teens aging out, or “emancipating,” from foster care. When the child reaches that point, between ages 18 and 21 depending on the state, local governments are no longer required to provide them financial assistance. Even before COVID-19, this transition into adulthood was a difficult period for the 20,000 emancipated foster youth each year (Dodge, 2021). During the pandemic, those aging out of foster care are faced with a great deal of problems and it is evident that many are struggling to manage. In May of 2020, FosterClub, a non-profit organization supporting youth in foster care, conducted a survey of 613 former foster youth, ages 18 to 24, to gain insight on how the pandemic was affecting young adults who were previously in the foster care system. According to the results, 65% of respondents working before the pandemic reported losing their jobs, 23% said they were experiencing housing insecurity, and only 37% said they had an adult they could turn to (Dodge, 2021)

Increasing Teen Suicide Rates and Necessity of Additional Mental Health Services

Since the beginning of the pandemic, healthcare providers across the country have reported increases in mental-health related emergencies in adolescents. According to the CDC, between February and March of 2020, suspected suicide attempts among girls ages 12-17 was 50.6% higher than it was during the same time in 2019; among boys aged 12–17 years, suspected suicide attempt emergency department visits increased 3.7% (Yard, et al. 2021). Additionally, among adolescents ages 12–17, the proportion of emergency department visits related to mental health increased by 31% in 2020 compared to 2019. Researchers for the CDC suspect that risk factors for suicide include physical distancing (including school attendance and social contact with teachers and peers); lack of access to mental health treatment; increases in substance use; and anxiety about family health and economic problems (Yard, et al. 2021).

Reporters for NPR spoke with providers at hospitals in seven states across the country, to investigate recent mental health trends among adolescents. All the hospitals reported that more suicidal children are visiting their hospitals, and they are in worse mental states (Chatterjee, 2021). Riley Hospital for Children in Indianapolis reported that the number of adolescents hospitalized after suicide attempts increased from 67 to 108, from 2019 to 2020. Hillary Blake, a pediatric psychologist at the hospital, said that October 2020 showed a 250% increase in these numbers when compared to October 2019 (Chatterjee, 2021). The pandemic has created many stress factors for children, which are increasing the risk of suicide for many. COVID-19 and the shutdown have worsened the children's mental health crisis, which was already an issue before the pandemic. For a decade, suicide rates have been going up among adolescents (Chatterjee, 2021).

Due to the exacerbation of mental health crises among adolescents in general, one would expect that there would be an increased need for therapy and mental health services to teens in foster care. Both foster care parents and social workers will need to be proactive in obtaining the appropriate care for children who are suffering during this time.

Sources:

Abramson, A. (2021, March). Substance use during the pandemic. American Psychological Association. Monitor on Psychology, 52(2). http://www.apa.org/monitor/2021/03/substance-use-pandemic

Adams, C. (2020, December 30). Foster care crisis: More kids are entering, but fewer families are willing to take them in. NBC News. https://www.nbcnews.com/news/nbcblk/foster-care-crisis-more-kids-are-entering-fewer-families-are-n1252450

Chatterjee, R. (2021, February 2). Child Psychiatrists Warn That The Pandemic May Be Driving Up Kids' Suicide Risk. NPR. https://www.npr.org/sections/health-shots/2021/02/02/962060105/child-psychiatrists-warn-that-the-pandemic-may-be-driving-up-kids-suicide-risk

Czeisler, M.É., Lane, R.I., Petrosky, E., et al. (2020, August 14) Mental Health, Substance Use, and Suicidal Ideation During the COVID-19 Pandemic — United States, June 24–30, 2020. Centers for Disease Control and Prevention. 69(32), 1049–1057. DOI: http://dx.doi.org/10.15585/mmwr.mm6932a1

Dodge, D. (2021, January 8). Foster Care Was Always Tough. Covid-19 Made It Tougher. New York Times. https://www.nytimes.com/2021/01/08/parenting/foster-care-coronavirus.html

Yard ,E., Radhakrishnan, L., Ballesteros, M. F., Sheppard, M., Gates et al. (2021, June 18). Emergency Department Visits for Suspected Suicide Attempts Among Persons Aged 12–25 Years Before and During the COVID-19 Pandemic — United States, January 2019–May 2021. Centers for Disease Control and Prevention. 70(24), 888–894. DOI: http://dx.doi.org/10.15585/mmwr.mm7024e1

Disclaimer:

Monday, June 14, 2021

Private Adoption Overview

Private adoption is a type of adoption where the prospective adoptive parents work directly with a birth mother or birth parents to place the child for adoption. Private adoption can go by many names, such as “domestic adoption”, “direct parental placement adoption”, and “independent adoption”, to name a few.

Usually, the birth parents and prospective adoptive parents meet through a mutual friend and explore informally the idea of adoption. From there, professionals are involved for legal representation and counseling. The adoptive parents are usually present during the child’s birth. After a certain time, custody is transferred directly between the birth parents and the adoptive parents rather than custody going to an agency which then places the child with the prospective adoptive parents. In most states, the prospective adoptive parents are permitted to assist the birth mother financially with medical bills, legal fees, counseling, and other things she may need.

There are many reasons why birth parents choose private adoption for their child over placing their child with an adoption agency who then places the child with prospective adoptive parents (this is called an agency placement). Birth parents report that they like having a highly active role in the family selection process and the direct, nonconfidential interaction with the family. Being able to meet the family for their child without an intermediary may provide a sense of comfort for the birth parents. Further, the birth parents can negotiate post adoption contact and visitation agreements with the adoptive parents which ensures them that the child and adoptive parents will not vanish after the adoption[1]. In many states, these agreements are legally enforceable as contracts although the failure to comply with the contract would not upset the adoption.

In the adoptive parents’ case, there are some benefits to choosing private adoption. The adoptive parents can take their child home soon after the child is born and are often present during the child’s birth, allowing the attachment process to begin then. The openness between both parties is another advantage of the private adoption process. Adoptive parents and birth parents have the ability to decide how much contact they would like to have with each other. It is also helpful for the child later in life if the adoptive parents have met and had positive interactions with the birth parents. Sometimes, this contact is ongoing, but if the birth parents are no longer involved in the child’s life, the information gained during the private adoption process is invaluable to the adolescent’s sense of identity. Private adoption is also usually less expensive than an agency placement, although this can vary depending on whether there is a contest with a nonconsenting birth parent.

There are a few downsides to private adoption for birth parents and adoptive parents. The lack of confidentiality does not appeal to some. Agency adoptions tend to offer more support for birth parents and more extensive counseling about the adoption decision. Agencies may be more aware of resources in the community that would assist the birth parents. If there is a non-consenting birth parent, an agency placement may provide confidentiality to the prospective adoptive parents that would not be possible in a direct placement.

The trend has been toward private adoption in the last decades as social welfare research has confirmed the huge benefit to children, birth parents, and prospective adoptive parents of more openness and transparency in adoptive placements. However, this is not the right approach in every situation. Birth parents and prospective adoptive parents need to carefully consider which approach is best for them, private adoption, or agency placement.

A good place to start is with a consultation with a private adoption attorney who can neutrally explain the pros and cons of both approaches. The Law Offices of Karen S. Law PLC conducts adoption overview meetings for birth parents and families who reside in Virginia. To schedule one, email us at Schedule@Lawadoption.com.

If you live outside of Virginia, you can find a reputable adoption attorney through the Academy of Adoption and Assisted Reproduction Attorneys, a select group of attorneys who has extensive experience with adoptions: Find An Adoption or ART Attorney | AAAA (adoptionart.org)

[1] This can also be done in agency placements in many states.

Sources:

https://www.pactadopt.org/birth/services/placement/independent.html

https://www.americanadoptions.com/adopt/private-adoption

https://lawadoption.blogspot.com/2015/07/private-placement-adoption-faqs.html

Disclaimer:

Monday, May 10, 2021

N-600K Fact Sheet

Overview

The N-600K form is used to apply for naturalization of a child who regularly resides outside of the U.S. with his U.S. citizen parent. For a child to be eligible for citizenship under the N-600K, they must: be under 18 years old, have at least one U.S. citizen parent, be residing outside of the U.S., be temporarily and legally present in the United States to complete the N-600K process for an interview, and have a U.S. citizen parent who has resided in the U.S. for five years or more. The form must be filed by the U.S. citizen parent on behalf the child. If the U.S. citizen parent does not meet the residency requirement or if they are deceased, a U.S. citizen grandparent may file for the child. Proof of residence is required to verify that the U.S. citizen parent or grandparent has lived in the U.S. for at least five years. All forms and supporting documents and filing fee will be mailed to U.S. Citizenship and Immigration Services (USCIS) at the address designated on the Application for Citizenship and Issuance of Certificate Under Section 322 | USCIS. If your N-600K application is approved by USCIS, your child will be able to receive a Certificate of Citizenship at the interview.

The criteria listed below (A – C) must be met for adopted child to be eligible for naturalization under Section 322 of the Immigration and Naturalization Act (INA). Section D explains the procedure to file the N-600-K form.

Orphans Adopted Abroad Who Continue to Live Abroad with their U.S. Citizen Parents

A. Typical scenarios would be U.S. families living abroad, such as dual citizens, business people, and foreign missionaries. U.S. military members on orders are exempt and can use the Section 320 procedure.

B. Applicable Law: Child Citizenship Act of 2000 (CCA), Pub. L. No. 106-395, 114 Stat.1631, Section 322 of the Immigration and Nationality Act of 1952

C. Families may use provisions of Section 322 of the INA if they meet the following criteria:

1. U.S. citizen parent or grandparent, who was physically present in the U.S. or outlying possessions for at least five years, at least two of which were after the age of 14;

2. Child is under age 18 by the time the entire process is completed;

3. Child is residing outside the U.S. in the legal and physical custody of the applying parent;

4. Child temporarily present in the U.S. pursuant to a lawful admission and is maintaining such lawful status; AND

5. Child must meet “orphan” definition or “adopted child” or “adoptable child” definition.

D. Section 322 Procedure:

1. U.S. citizen parent or grandparent or legal counsel files form N-600-K with supporting documentation and filing fee at the address listed on the form at Application for Citizenship and Issuance of Certificate Under Section 322 | USCIS.

The interview can take place at any USCIS field office (in the U.S., not abroad);

2. Preliminary adjudication within 5 to 6 months—if approved, the applicant receives an approval notice on Form G-56. The time frame depends on which field office is selected for the interview. Some offices have much longer processing times.

3. U.S. citizen parent takes approval notice to nearest U.S. Consulate or Embassy, which issues B-2 visa for child. If the child already has a B-2 visa, the step can be omitted. It’s quicker if the child already has a B-2 visitor’s visa.

4. U.S. citizen parent and child come to the USCIS district office that issued approval for interview.

5. Final approval issued at interview, oath administered to child, and Certificate of Citizenship issued.

6. Practice Tip: Beware of age-outs, because the oath must be administered before the child turns 18.

Common Problems

· The wrong person signs the form.

o Who should sign the form? The U.S. citizen parent should sign the form, as long as they meet the physical presence requirements. The parent must have been living in the U.S. or an outlying territory for at least 5 years, two of which were after the age of fourteen. If the parent does not meet this requirement, a U.S. citizen grandparent may sign instead. A U.S. citizen grandparent is also permitted to sign if the U.S. citizen parent is deceased.

· Wrong filing fee submitted or check not made out correctly to U.S. Department of Homeland Security

· No passport style photos submitted (Tip, have them taken abroad and then emailed to a U.S. photo service where they are printed out and the attorney mails them with the completed application and filing fee)

· Filing too early.

o If the child does not qualify as an “orphan” or “Hague adoptee”, you must wait until the adoption is finalized, plus two years of legal custody and two years of joint residence. These two-year periods may run concurrently or overlap but you can't file until the last time frame is completed.

· Insufficient evidence of two years of physical custody.

o It is necessary to track all the addresses and provide the lease or rental agreement plus documents showing that address, the child's name, and the adoptive parents' names on them.

· Insufficient evidence of the U.S. citizen parent's residence in the U.S. for five years.

o Usually high school and/or college transcripts can solve this issue.

· Not using Fed-Ex or UPS to mail your form.

o These delivery services are more secure and will give you proof of receipt.

What to Expect After Filing

Once you have filed your application, USCIS will send you an I-797 receipt notice. There will be a case number on the receipt and you should save this number. Anytime you inquire about your case, you will reference this case number. After USCIS reviews your N-600K application, they will schedule an interview for your child. To be present at the interview, the child must have proof of lawful entry to the United States. Usually, form I-94 (Lawful Record of Admission) is submitted as proof. Lastly, if everything is in order, USCIS will approve the child to receive a Certificate of Citizenship at the interview.

Assistance from Our Office

This article provides general information which should be verified at Application for Citizenship and Issuance of Certificate Under Section 322 | USCIS. It cannot take the place of individual legal advice about your situation and does not create a client-lawyer relationship. To establish that relationship, please contact us to schedule your consultation at www.Lawadoption.com.

Sources:

“Completing the Adoption—it’s Not Over until PROOF of Citizenship is Obtained”, Prepared by Karen Stoutamyer Law, Esquire, © 2017, Seminar https://www.alllaw.com/articles/nolo/us-immigration/filing-citizenship-parentage-n-600k-application.html

https://www.americansabroad.org/naturalization-under-section-322/

Disclaimer:

Friday, April 9, 2021

Adopting an Undocumented Child

SIJS Application Pending

Special Immigrant Juvenile Status (SIJS) allows immigrant children in the state juvenile court system to obtain lawful permanent immigration status. There are specific requirements for a child to qualify for SIJS. The child must be under 21, unmarried, and be declared a dependent in juvenile court or an entity must be appointed as the child’s legal custodian. Although, if the state court loses jurisdiction over the child at 18, the deadline would be 18, not 21. According to federal law, an approved SIJS petition will not be revoked due to adoption or placement in a guardianship of the SIJS beneficiary. Moreover, the USCIS policy manual states that while it is normally required to have custody of the juvenile court for approval of the petition, there is an exception to this rule when the court loses custody due to the juvenile either being adopted or placed in a guardianship.

Having an approved SIJS petition does not grant any status to the child, temporary or permanent. When a visa number becomes available to the child, the pending SIJS petition will allow them to apply for adjustment of status. Most children may apply to adjust status concurrently with their SIJS petition. The exception is children who are citizens of El Salvador, Guatemala, Honduras, and sometimes Mexico. For SIJ children the wait can be years. Additionally, an approved I-360 SIJS petition does not permit the child to receive a SSN, and also does not provide authorization for employment. Usually, the application for employment authorization which gives them a lawful permanent resident card and social security card are filed at the same time as the SIJS petition.

SIJ Status and Medicaid

The Children’s Health Insurance Program Reauthorization Act (CHIPRA) gives states the ability to provide medical coverage to children and pregnant women who are residing legally in the United States. Under this law, a child who has a pending application for SIJS is considered a lawfully residing alien. Provided that the child (under the age of 19) is in the United States legally and their status has not expired, they would be eligible for Medicaid. Medicaid does not require that a child with a status of SIJ apply for a SSN or provide proof of application to be eligible for coverage, so long as their status remains as SIJ. However, if their status changes to legal permanent resident (LPR), they would then be required to provide proof of SSN in order to remain eligible. Furthermore, if the child is still legally a non-immigrant by the age of 19, they lose their status as a qualified alien and would have to be re-evaluated as an adult immigrant. According to the Virginia Medical Assistance Eligibility manual, “Lawfully residing children under age 19 and pregnant women meet Medicaid and FAMIS/FAMIS MOMS alien requirements regardless of their arrival date or length of time in the US.”.

Family-Based Petition Process

To be considered to be an adopted child under this alternative process, the child must have been under the age of 16 by the time adoption was finalized, and the parent(s) have had legal and physical custody of the child for at least 2 years. Both United States citizens and Lawful Permanent Residents are able to file a petition under this process. Given that their child meets the requirements to be considered an adopted child, they are able to file form I-130, Petition for Alien Relative with USCIS. Approval of the petition does not grant the child any immigration status. Once the petition is approved, the child may then apply for Legal Permanent Resident status which results in a lawful permanent resident card. There is an important caveat to the availability of this pathway to lawful status for children who are citizens of Hague Adoption Convention countries. If the adoptive parent is a US citizen, and the child is a citizen of another Hague Adoption Convention country, the state court does not have jurisdiction to finalize the adoption without compliance with strict notice to the Central Authority. The requirements for notice can be found here. The family law attorney must consult with an immigration attorney before the adoption is finalized.

A full list of Hague Adoption Convention countries can be found here.

Sources:

Automatic Revocation. GovRegs.

https://www.govregs.com/regulations/title8_chapterI_part205_section205.1

Chapter 2 - Eligibility Requirements. U.S. Citizenship and Immigration Services.

https://www.uscis.gov/policy-manual/volume-6-part-j-chapter-2

Family-Based Petition Process. U.S. Citizenship and Immigration Services.

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process

Links:

https://www.uscis.gov/sites/default/files/document/memos/2017-11-20-PM-602-0095-Hague-Habitual_Residence.pdf

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention/convention-countries.html

Drafted by Alyssa Howes, intern at the Law Offices of Karen S. Law, PLC.

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