[DPline]

I posted this on the Guat forum and someone suggested I try here as well. I am trying to help out a forum member and find out what the process is for an IR4 visa in Oakland County Michigan. I am in Michigan (just not Oakland County) and know there is no provision for readoption, but what does she need to do to establish citizenship for her daugther to be able to apply for a COC?

Any help would be greatly appreciated!

Thanks!

[Sheba]

Hi we live in Michigan. There is no readoption here which is great. The COC will come a few weeks after getting home from China. The only way she needs to apply is if the adoption took place a few years ago. If that is the case, then you will need to contact the immigration department in Detroit for the proper paperwork. She can find the link on line and many questions can be answered.

Good lukc

[DPline]

Unluckly, with an IR4 visa the COC is not issued automatically. With an IR4 the child is a legal resident and a Green Card is issued.

For most states, with an IR4 the AP's need to complete a readoption, but since that is not possible in Michigan, I am trying to determine what the process is. As part of filing the N600 to get a COC you need to provide readoption paperwork. Which in Michgan we can't do.

I am completely clueless about the adoption process for China, but someone from the Guat board suggested I post here, so I assumed that like Guatemala, some children from China come home on an IR3 and some an IR4. Is that correct? Or do they all come home on an IR3?

[Sheba]

I would just sit down breath in and call the government and make my way thru the telephone system. they will be able to help you.

[DPline]

I did find a number for the Oakland County courts and she is going to try that (after taking a deep breath!) but I was hoping to find someone with personal experience. I have found that govt. agencies do not always have a very good understanding of internatinal adoption and the processes involved. A fellow AP who has "been there done that" is always the best resource in my book.

[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

[DPline]

Thanks Sharon.

Michigan does not have any way to readopt. Beyond that, with an IR3 it varies slightly by county the process to do the legal name change and get a Delayed Registration of Foreign Birth. It is generally a very simple process though. There is not a state agency that deals with it beyond Vital Records issuing the BC after the legal name change is processed by the county.

If Michigan does in fact have a recognition process for IR4 visas it appears to be a secret as I can find nothing about it anywhere and can't find any state agency who knows anything about it.

Neither my homestudy agency or the agency the person I am asking for used had any idea what should be done.