[sak9645]

If a child comes home on an IR-4 visa, there are only two ways in which he/she can be considered to have a "full and final" adoption, which is required for him/her to be considered an automatic citizen and to obtain a certificate of citizenship.

Most people choose readoption if their state allows it and the process is not too complicated, since readoption allows for:

1. The inclusion of a legal change of name in the judge's order. If a child's American name does not appear on his/her foreign documents, and especially on the foreign passport, the child MUST have a legal change of name if the family wants it to appear correctly on legal documents such as the Certificate of Citizenship. If you do not readopt, and need a legal change of name, you will have to go through a legal process in your state to complete the change.

2. The issuance of a state certificate of foreign birth, in some states. (Other states do NOT require readoption to get one, however.)

3. The issuance of a state adoption decree, which is more likely than the foreign decree to be recognized as acceptable whenever proof of parenthood is required.

4. Certain legal protections with regard to inheritance rights and other issues.

However, if a state does not allow readoption, it will have an alternate process known as "recognition", which will satisfy the USCIS that your child has a full and final adoption and qualifies for automatic citizenship. Some states offer BOTH readoption and recognition as options, so parents can decide whether they prefer readoption (whch is usually more time consuming and costly, but offers more benefits) or recognition.

Recognition is NOT a judicial process. Basically, you go to a state government office, fill out some paperwork, provide copies of your foreign documents and, if necessary, an updated homestudy report, and receive a statement that your foreign adoption is "recognized" as valid in your state.

Your homestudy agency or your placement agency, if local, should be able to tell you which state agency you must consult to obtain a recognition of your foreign adoption. You can then call that state agency and ask what paperwork you need to bring in order to get a recognition, whether originals or copies of the paperwork must be presented, whether you must go in person, what forms you must fill out, and so on.

Recognitions are typically pretty simple matters. There will be a fee, but it is generally reasonable. And the recognition document can be issued very quickly, once you fill out the forms and supply whatever documents are needed.

Sharon