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Old 06-12-2007, 03:14 PM
sak9645 sak9645 is offline
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While IR-3 children should not receive a permanent resident card, because they become citizens upon entry into the U.S., the USCIS often sends one. I think that some offices tend to send them out routinely to all newly adopted children.

Your certificate of citizenship should come in 60-90 days, if your child truly came in on an IR-3 visa. It could come sooner. If it doesn't arrive after 60 days or so, contact the USCIS.

However, I note that you adopted from Ethiopia. As far as I know, all children coming home from Ethiopia do so on IR-4 visas. The reason is that the adoption is actually finalized BEFORE you travel and meet your child.

Under U.S. immigration law, IR-3 visas are granted ONLY if both spouses (or a people adopting as single parents) see a child BEFORE the issuance of a final decree of adoption overseas. These are the only children that the U.S. considers to have had full and final adoptions overseas.

IR-4 visas are given in the following cases:

1. Only one spouse in a married couple sees the child before the issuance of a final decree of adoption overseas, even if both spouses travel to pick up the child. The adoption is not considered full and final by the U.S. government, even if the foreign government issues a final decree.

2. Neither spouse sees the child before the issuance of a final decree of adoption overseas, even if both spouses travel to pick up the child. The adoption is not considered full and final by the U.S. government, even if the foreign government issues a final decree.

3. The child does not actually receive a final decree of adoption overseas, but travels home (either with one or both spouses, with only one spouse, or with an escort) on a decree of guardianship. (This option occurs with Korea and a few other countries.) The actual adoption must occur in the parents' state of residence.

If your child actually has come home on an IR-4 visa -- you can check by looking at the visa stamp in your child's Ethiopian passport -- then you MUST either readopt or do a "recognition" of the adoption in your home state. Your child will become a U.S. citizen only AFTER the issuance of the readoption decree or the recognition document. And you will need to APPLY for a certificate of citizenship, using the N-600, once you have completed the readoption or recognition.

I hope this helps.


Sharon
__________________
Sharon, age 63
Mom to Rebecca
born 10/18/95
adopted 5/5/97
Xiamen (Fujian prov.), China
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