[AdoptingDebora]

A friend just forwarded this CNN report below about an adopted teenager facing deportation. It makes me wonder... are all the new laws and beauracracy that we're facing now going to keep us safe from this kind of thing in the future? If so, I'm willing to wait as long as it takes to navigate through all the legal hoops at the Embassy and PGN to avoid this family's nightmare:

Teen fears disputed adoption could lead to deportation - CNN.com

[Pipercub]

I just got done reading this and headed straight here to see what everyone had to say. What a very stressful situation for the families involved.

[rapf777]

I wonder why their agency is not stepping in??? They should have some supporting document on the adoption??

[Pipercub]

What's crazy is:

1. Interview was done of mother relinquishing this child; no reason to suspect anything out of place (there was no DNA done back in 1994 - this was 14 years ago! DNA testing became required in 1998 I think.)
2. The Guatemalan Govt has never contested the adoption.
3. THe US says they are questioning it because the birth certificate was isued after she was 10 months old - not uncommon they say because they had to pay to have a birth certificate issued.
4. The adoption agency they used is no longer in existence, so US immigration can't interview them.
5. The adoption was considered completed back in '94 / embassy gave visa to come to US. The US didn't seem to have a problem with it back then. She came to the US legally. And there is no reason to think it is not a valid adoption based on any questions from Guatemala (no one is claiming this is their daughter and they didn't really relinquish her). It's US immigration that won't grant citizenship. Now they are being asked for things that are nearly impossible to get.

If this story is as it has been presented, it seems SO unfair!

[Devora]

Yes, you are safe from this type of scenario. There are many complicating and unusual things about this case, including the type of visa the child was allowed to enter the US on. Given the current processes at the US embassy, if your child enters on an IR-3 or IR-4 visa their citizenship will not be questioned; it will merely be a matter of paperwork. For those who visit their child during the process your children will be citizens the moment they enter the US and their passport/visa is stamped as entering. You hand in the magic packet of papers that you are given and told not to unseal and it's done. For those who don't visit, you still don't need to worry about this.

There aren't a lot of certainties in the world and of course no one can give you a 100% guarantee of anything, but this case is filled with numerous complicating factors that do not apply to any cases being processed now.

[Pipercub]

I just read a different article that presented different information. Sounds like the family did not readopt her in PA. US immigration has asked them to adopt her in PA, then get a green card before she is age 16 (US Immigration required age limit to adopt an orphan). The other article I just read says the process should cost less than $10,000 with the proper attorneys (which they haven't hired yet?!) I hope they follow the advice - it sounds wise.

[MicheleB]

This case has been in the news for awhile. You can do a search on the teenagers name and you will find quite a bit of reliable news articles about this case. Here are some highlights that are not included in the article that was posted:

This child entered the U.S. on a two year humanitarian parole - something that is used in rare cases to handle emergencies. This was aided by then U.S. Attorney Janet Reno. She did not enter the U.S. on an IR3 or IR4 visa and did not enter the U.S. prior to the U.S. Citizenship act where children are automatic U.S. Citizens upon entering the U.S. on a IR3 visa.

No other adoption or re-adoption was done within the U.S. or Guatemala.

According to several news links (again, do a search on her name - I can't post the link because most articles name adoption agency names and lawyer names) - the adoptive parents did not seek help from the INS for almost two years after she arrived in the U.S. and by then the two-year humanitarian agreement was almost up.

I am not, at all, blaming the adoptive parents - back then, in the early 1990's - there was so little information or standard regulations regarding international adoption.

I think it's a very sad and unfortunate situation and this teenager who has known no other family than the one she has is going through so much at no one's expense but her own. I am sad that she was allowed to arrive in the U.S. the way she did with no other plan of permanancy. I am sad for her adoptive family and her birth family back in Guatemala.

I hope that they are able to find her birth family because it seems like that is the only way this is going to get resolved. What would be ideal would be not only finding this birthfamily so that this adoption will be final - but to find them in order to have additional and further contact with her birthfamily in Guatemala.

[AdoptingDebora]

Thanks, everyone, for the additional information.
Such a very sad situation for this family, but it does seem that it is a highly unusual case... On the positive side, it just gives me more patience to continue waiting things out while all our ducks are put in their proper legal rows right now. Then my DD will be completely and 100% part of my family without any doubts or suspicion of fraud.

I don't know about you guys, but I am getting so tired of the ugly suspicious things people have said to me recently about Guatemala/Latin America because of these reports coming out in the news. People often come to the conclusion that my daughter's adoption process has been delayed because of all the greedy/corrupt people "down there"... excuse me, but I believe that we have just as many (if not more) greedy and corrupt people right here in the US! Quality of character has nothing to do with nationality or ethnicity... and economic pressures can bring out the worst in ANYONE.