Monday, April 3, 2017
Monday, March 20, 2017
Monday, March 13, 2017
Is My Adopted Child a U.S. Citizen?
I am frequently asked, "Is my adopted child a U.S. citizen"? This can be confusing especially if your child was adopted many years ago.
Child Citizenship Act taken from the Department of State Intercountry Adoption Website:
"It is important to ensure that your adopted child becomes a U.S. citizen. If you postpone documenting or obtaining your child's citizenship, later he or she may have difficulty getting college scholarships, working legally, voting, and enjoying other rights and privileges. In some cases, the child might even be subject to deportation. Act now to safeguard your child's rights and future.
At least one of the child's parents is a U.S. citizen;
The child is under 18;
How do you secure a certificate of citizenship automatically?
The adoption is finalized outside the U.S. and the child is admitted with an IR3 or IH3 visa.
All requirements are met before the child's admission
One parent saw the child before or during the adoption proceeding
The child came to the U.S. after January, 2004. Between February 27, 2001 and January 2004, the parents had to apply for a Certificate of Citizenship.
If you finalized the adoption in the foreign country and the child is admitted as an IR2, the child is a U.S. citizen but will not receive the Certificate of Citizenship automatically. You must apply for proof of U.S. citizenship using the Form N-600 from the USCIS web-site.
Am I required to readopt my child?
If you obtain guardianship of the child in the foreign country or at least one parent did not personally see and observe the child before or during the adoption proceedings, the child is NOT a U.S. citizen. Instead, the child is a lawful permanent resident. The child's stamp in their foreign passport will end in 4, IR4 or IH4.
A rule of thumb--if it ends in 3, you are free. If it ends in 4, there is more.
In order to qualify for U.S. citizenship, the child must be readopted in your home state before the child turns 18. Some states recognize a foreign adoption without a formal state process. Consult an adoption attorney in your state. http://www.adoptionattorneys.org/aaaa/home
I forgot to readopt my child and now, she is nineteen. Her lawful permanent resident card has expired so it appears she is undocumented. She cannot get a job or a driver's license. What should we do?
This happens all too often. Your child is still a lawful permanent resident although her card has expired. She needs to apply for a replacement lawful permanent resident card, using the Form I-90 which is found at the USCIS web-site. Then, she can apply to naturalize using the Form N-400. She will have to demonstrate proficiency in English and civic and meet all the other qualifications for citizenship. Contact an Immigration attorney to assist your family.
FAQ:Child Citizenship Act of 2000 contains a list of 9 questions that are commonly asked about the Child Citizenship Act of 2000.
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 web-site are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2017.
Child Citizenship Act taken from the Department of State Intercountry Adoption Website:
"It is important to ensure that your adopted child becomes a U.S. citizen. If you postpone documenting or obtaining your child's citizenship, later he or she may have difficulty getting college scholarships, working legally, voting, and enjoying other rights and privileges. In some cases, the child might even be subject to deportation. Act now to safeguard your child's rights and future.
The Child Citizenship Act of 2000 was designed to make acquisition of U.S. citizenship easier and to eliminate extra steps and costs. Under the Child Citizenship Act, children adopted abroad automatically acquire U.S. citizenship if:
At least one of the child's parents is a U.S. citizen;The child is under 18;
- The child lives in the legal and physical custody of the American citizen parent;
- The child is admitted into the United States as an immigrant for lawful permanent residence; and
- The adoption is final."
- The Act came into effect on February 27, 2001.
How do you secure a certificate of citizenship automatically?
The adoption is finalized outside the U.S. and the child is admitted with an IR3 or IH3 visa.
All requirements are met before the child's admission
One parent saw the child before or during the adoption proceeding
The child came to the U.S. after January, 2004. Between February 27, 2001 and January 2004, the parents had to apply for a Certificate of Citizenship.
If you finalized the adoption in the foreign country and the child is admitted as an IR2, the child is a U.S. citizen but will not receive the Certificate of Citizenship automatically. You must apply for proof of U.S. citizenship using the Form N-600 from the USCIS web-site.
Am I required to readopt my child?
If you obtain guardianship of the child in the foreign country or at least one parent did not personally see and observe the child before or during the adoption proceedings, the child is NOT a U.S. citizen. Instead, the child is a lawful permanent resident. The child's stamp in their foreign passport will end in 4, IR4 or IH4.
A rule of thumb--if it ends in 3, you are free. If it ends in 4, there is more.
In order to qualify for U.S. citizenship, the child must be readopted in your home state before the child turns 18. Some states recognize a foreign adoption without a formal state process. Consult an adoption attorney in your state. http://www.adoptionattorneys.org/aaaa/home
I forgot to readopt my child and now, she is nineteen. Her lawful permanent resident card has expired so it appears she is undocumented. She cannot get a job or a driver's license. What should we do?
This happens all too often. Your child is still a lawful permanent resident although her card has expired. She needs to apply for a replacement lawful permanent resident card, using the Form I-90 which is found at the USCIS web-site. Then, she can apply to naturalize using the Form N-400. She will have to demonstrate proficiency in English and civic and meet all the other qualifications for citizenship. Contact an Immigration attorney to assist your family.
FAQ:Child Citizenship Act of 2000 contains a list of 9 questions that are commonly asked about the Child Citizenship Act of 2000.
Drafted by Karen S. Law, with assistance from Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
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 web-site are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2017.
Monday, January 23, 2017
Stepparent Adoption; Biological Father Uninvolved or Unknown in Virginia
When a parent of a child marries or remarries, there are lots of
changes that happen to create a new family dynamic. The stepparent may
want to adopt his spouse's child as his own. There are several different
situations in which adoption becomes the best decision for this newly formed
family. There are, however, a few obstacles that could prevent this from
being an uncomplicated process.
I am often asked
by people who are in long term relationships whether they can adopt the other
partner's biological child. At present, if they were to do that, it would
terminate the parental rights of the biological parent, which is not the goal.
Under Virginia law, the couple has to marry in order for this adoption to
add a parent, without subtracting the biological parent.
Next, the child
must be legally free for adoption. What does this mean? Under Virginia
law, as in other states, you have to consider the parental rights of the other
biological parent.
If the biological
parent gives consent, then the process is straightforward. The parent's
consent document is filed with the Petition for Adoption along with a proposed
Final Adoption Order in the Circuit Court. In most cases, the Final
Adoption Order is entered without a hearing fairly quickly. Some courts
will order an investigation by the County Department of Social Services, which
will add two months to the process.
Four Categories of Birth Fathers
The birth father who is listed on the child's birth certificate is an acknowledged father. If the father is
not listed on the child's birth certificate, we must determine whether the
biological father has ever been adjudicated as a father through a paternity
test or child support order. Alternatively, were the biological parents
married but for some reason, the father was not listed on the birth
certificate?
Another category
of birth fathers that have the right to notice of the adoption plan are those
who have properly registered with the Virginia Putative Father Registry or the
Putative Father Registry in the state where the child was conceived or born.
More information on the Virginia Putative Father Registry can be found at
the Virginia Department of Social Services which maintains a data base of those
who have properly registered to receive notice of any potential adoption plan:
http://www.dss.virginia.gov/family/ap/putative_fatherhood.cgi
If there is a
birth father who qualifies under one of these four categories, then we either
need to obtain his consent or the Court will hold a best interests hearing to
determine if he is withholding his consent contrary to the best interests of
the child.
Abandonment
However, in many
situations, the birth father has not been in touch with the child for years.
In some instances, there is a child support order in place but there has
been no visitation or contact with the child. Often, we do not even know where
the birth father is living anymore.
Virginia has
an abandonment statue where if the biological parent hasn't visited or
contacted the child for the six months prior to filing the case, the Court may
hold a hearing and determine that that parent's consent is no longer necessary.
There is a higher evidentiary standard at those hearings. And, the
missing biological parent must receive notice of the abandonment allegations so
they can contest the allegation of abandonment. In other words, perhaps
they have a really good reason for dropping out of the child’s life such as the
birth mother disappeared with the child and left no forwarding address, phone
number or social media contact. But, absent that, the Court may order the
adoption even if the biological parent objects if the Court finds by clear and
convincing evidence that the biological parent has abandoned the child.
Other Common Questions
"Can I just
add my husband's name to the birth certificate". The short answer is
no, you can't just simply add a name to the certificate. Your child has
to be legally adopted by your husband.
What happens when
the biological father doesn't agree to terminate his rights? Then the Court
has to hold a hearing to determine whether the adoption is in the best interest
of the child or not.
Does the child
have to consent? The child has to consent to the adoption if he is 14
years old or older.
We work with many
families in Virginia on stepparent adoptions. It is always a joyful moment when we appear in front of the Court and the family that has been acting
as a family for many years finally receives legal recognition of that. The
child will then receive a second birth certificate with the new parent
added. This does not eliminate the first
birth certificate or the biological parent’s role in the child’s early
life. The child will always have two
birth certificates. However, legally,
the stepparent will have all the rights and obligations of a parent after the
stepparent adoption is completed.Drafted by Karen S. Law, with assistance from Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
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 web-site are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2017.
Thursday, December 22, 2016
Michael Steele Talks about His Adoption Story
Who doesn't need an inspiring adoption story during this time of year? We just listened to The Ax Files Podcast of Michael Steele talking about his adoption.
Michael Steele is an American politician who served as the first African-American chairperson of the Republican National Committee. If you read Steele's Biography, you will see many of his accomplishments. Although he has a tremendous resume, it wasn't smooth sailing for him to get there.
Michael Steele's biological mother got pregnant with him back in the 50's while she was attending a Catholic University. She was on her way to "deal" with her pregnancy when she came across a nun that ended up changing her mind and instead, helped her to make an adoption plan.
On another side of the adoption triad, we have Mr. Steele's adoptive mother. She and her husband wanted to have childen, but they were told they were infertile. Mrs. Steele said this is when she knew that there was something bigger and greater than herself. When she first saw Michael in his crib, he reached out for her and she knew that he belonged to her. She felt that by providing a home for a child who needed stability, her purpose in life was being fulfilled.
Just because Steele was adopted and grew up to have a successful career doesn't mean that he didn't face challenges. His adoptive father reportedly had an alcohol problem and multiple girlfriends. However, Mr. Steele always tried to do his best for Michael. Due to his alcoholism, Mr. Steele's father passed away at the age of 36.
After his father died, it was just Mr. Steele and his mother for a few years before she re-married. This was a difficult time while Mrs. Steele raised him without government assistance. This was also the point when Mr. Steele first found out he was adopted. He said initially, he was heart-broken. However, he quickly realized that his adoptive mother was truly his mother and that comforted him. At the same time, he is grateful for the choice that his birth mother made to place him for adoption.
Adoption is a wonderful way that many people have built their families, children have found permanent homes, and expectant parents have been able to make choices that provide good lives to their children. It is our privilege to assist expectant parents, adoptive parents and children in their adoption journeys. We are thankful for that privilege and the opportunity to serve all parties in the adoption community. Merry Christmas and Happy Holidays!
Michael Steele is an American politician who served as the first African-American chairperson of the Republican National Committee. If you read Steele's Biography, you will see many of his accomplishments. Although he has a tremendous resume, it wasn't smooth sailing for him to get there.
Michael Steele's biological mother got pregnant with him back in the 50's while she was attending a Catholic University. She was on her way to "deal" with her pregnancy when she came across a nun that ended up changing her mind and instead, helped her to make an adoption plan.
On another side of the adoption triad, we have Mr. Steele's adoptive mother. She and her husband wanted to have childen, but they were told they were infertile. Mrs. Steele said this is when she knew that there was something bigger and greater than herself. When she first saw Michael in his crib, he reached out for her and she knew that he belonged to her. She felt that by providing a home for a child who needed stability, her purpose in life was being fulfilled.
Just because Steele was adopted and grew up to have a successful career doesn't mean that he didn't face challenges. His adoptive father reportedly had an alcohol problem and multiple girlfriends. However, Mr. Steele always tried to do his best for Michael. Due to his alcoholism, Mr. Steele's father passed away at the age of 36.
After his father died, it was just Mr. Steele and his mother for a few years before she re-married. This was a difficult time while Mrs. Steele raised him without government assistance. This was also the point when Mr. Steele first found out he was adopted. He said initially, he was heart-broken. However, he quickly realized that his adoptive mother was truly his mother and that comforted him. At the same time, he is grateful for the choice that his birth mother made to place him for adoption.
Adoption is a wonderful way that many people have built their families, children have found permanent homes, and expectant parents have been able to make choices that provide good lives to their children. It is our privilege to assist expectant parents, adoptive parents and children in their adoption journeys. We are thankful for that privilege and the opportunity to serve all parties in the adoption community. Merry Christmas and Happy Holidays!
Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer
Disclaimer
This blog 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, 2016
Monday, December 12, 2016
December 23, 2016, new fees will go into effect for USCIS form
"On December 23, 2016, new fees will go into effect for USCIS forms as a result of a final rule
published in the Federal Register on October 24, 2016. This means that anyone filing an
adoption application or petition on or after December 23, 2016, must pay the new fee amount,
or the filing will be rejected.
Please go to our new 2016 Fee Changes to Adoption-Related Forms page for information on the
new fees for adoption-related forms. On this page, you will find:
- A chart of all the new fees for adoption-related forms,
- Information on which adopted children may need to file a Form N-600/N-600K to
- request a Certificate of Citizenship, and
- Clarification on whether the adopted child must pay the USCIS Immigrant Fee.
Fees will increase for the first time in six years. USCIS is almost entirely funded by the fees
paid by applicants and petitioners for immigration benefits and this recent increase is necessary
to recover the full cost of services provided by USCIS.
Kind regards,
U.S. Citizenship and Immigration Services"
Wednesday, November 23, 2016
Good News for Thanksgiving--2017 Tax Credit
As the Holidays are fast approaching, we have some great news to share with you. The IRS just released the 2017 Adoption Tax Credit amount and it's up from last year. Creating a Family has a good overview:
Straight from the Creating A Family Website:
Straight from the Creating A Family Website:
"2017 Adoption Tax Credit-Non Special Needs Adoptions
The amount allowed in 2017 for the Adoption Tax Credit for non special-needs adoptions, both domestic and international, is $13,570 for “qualified adoption expenses”. The definition of what IRS considers a qualified adoption expense has not changed, and families must be able to document these expenses, if requested by the IRS. This amount is up slightly from 2016 ($13,460).
The 2017 Adoption Tax Credit begins to phase out for taxpayers with modified adjusted gross income (MAGI) more than $203,540 and completely phased out for taxpayers with MAGI of $243,540 or more.
2017 Adoption Tax Credit-Special Needs Adoptions
Families who adopt a child with special needs from US foster care are eligible to claim the Federal Adoption Tax Credit in 2017 of $13,570 whether or not they actually incurred any adoption expenses. A child is considered to have “special needs” if they receive an adoption assistance/subsidy benefits from the state.
Children adopted internationally, even if they have diagnosed special needs, are not considered as a “special needs adoption” by the IRS and parents can only claim the credit for qualified adoption expenses."
We hope everyone one has a Happy Thanksgiving and encourage you to look out for our next blog post.
Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer
Disclaimer
This blog 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, 2016
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