[travelinjack3]

We entered the USA from China with our little girl on an IR-3 visa in June of 2008. We have not yet received a COC and the consulate in Shanghai won't issue her a Passport without it. She received a Green Card in the mail but not the COC.

What do we do now? Do we file an N-600 as is the COC was never issued or do we file a N-565 as if it was lost?

Thanks for any help,

Jack

[Rapids]

Wow, I have no idea. But your adoption agency should help you deal with this. It's part of the adoption process. What do they say about it?

[travelinjack3]

We never really had much contact with them since we are in Shanghai and they are in Connecticutt. I will send them an e-mail now and see if they have any suggestions.

[cborsa7]

If you adopted and came home to the US on an IR-3 visa your COC should have been there in about 4-6 weeks. You would not have a green card. Contact USCIS and find out why you have this. Green card is an IR-4 Visa.

Child-Citizenship-Act@dhs.gov

Good Luck!

[sak9645]

I'm not sure what you mean by the Consulate at Shanghai not issuing a passport. Your child already came home on a Chinese passport, issued by the Chinese government. She now needs a U.S. passport, which you apply for at your local passport acceptance facility, such as a post office. The passport acceptance facility sends it to the Regional Passport Agency Office serving your state. Shanghai has nothing to do with it. From here on, everything is processed in the U.S.

Clearly, there has been a problem with your COC, as they generally take 60-90 days to arrive. The fact that you were sent a green card shows that there was an error, since you should not have received one; the COC should have been sent, instead. Your child is not a legal permanent resident; she is a citizen.

I assume that both you and your spouse traveled and saw your child before the final decree of adoption was issued in China. If only one spouse traveled, or if one spouse arrived AFTER the decree was signed, then your child would get an IR-4, not an IR-3, and you would not get a COC automatically.

If you both traveled, and your child should have had an IR-3, check her Chinese passport to see what the visa stamp says. It is possible that the wrong visa stamp was used in China, and that it says IR-4. If so, that is why you did not get the COC. You will have to prove to the USCIS that both parents traveled and saw your child before the final decree was issued.

If the Chinese passport says IR-3, then the USCIS office in the U.S. messed up. In that case, you need to contact the USCIS and try to correct the error. You can find contact information on the USCIS website. If you have difficulty getting through to a live human being, contact your adoption agency. Some USCIS offices do not like talking to parents; they prefer to talk to agencies.

Sharon

[travelinjack3]

The reason I mention Shangahi is that is where we live. We do have an IR-3 and both of us went to the orphanage and to process out through Guangzhou.

[DPline]

Then definetly contact the Buffalo USCIS office that issues the COC's at the address Cbrosa7 mentioned above.

Good luck!

[sak9645]

Did you actually come to the U.S. with your child after you adopted her? You do NOT get a certificate automatically if you live overseas and never enter the U.S., because your child becomes a U.S. citizen ONLY AFTER ENTERING THE U.S., according to the terms of the Child Citizenship Act of 2000. If you did not travel to the U.S. with the IR-3 visa, then she would not have become a citizen. The mere fact of adopting and going to a U.S. Embassy or Consulate overseas to get a visa does not make the child a citizen. It is passing through Customs and Immigration upon arrival in the U.S. that is the critical event. And some people, I understand, have had problems if they did not actually maintain residence in a U.S. state.

Sharon

[travelinjack3]

We spent a month and a half in the States last summer at our home address as part of the entry under the IR-3 and then again this last Christmas using the green card. We are now planning for another trip home this summer.

What a mess and USCIS never answers their phone.

Thanks,

Jack

[travelinjack3]

FYI, I do really appreciate the comments and suggestions. This is just the latest frustration in what was a very painful adoption process. Thanks to all. Please keep the suggestions coming.

[DPline]

Have you tried emailing the address for the Buffalo USCIS office that Cbrosa7 posted above? Don (can't remember his last name off the top of my head) who runs the Buffalo office is great and usually a huge help. I know of a similar situation where he was able to help the family.

One other thought is, it sounds like you maintain a residence in the US? Just wondering if you have a US Senator you could contact for assistance. I would start with Don, but as another avenue to try.

[travelinjack3]

I now have e-mails out to both the USCIS e-mail address provided above and to the Adoption Unit in Guangzhou. Hopefully, some one will come through for us.

Thanks,

Jack

[sak9645]

I found the following on the USCIS website. Basically, it says that adopted children living abroad with their U.S. citizen parents do NOT qualify for automatic citizenship, even if they traveled to the U.S.

1) Is automatic citizenship provided for children living outside the United States?

No. In order for a foreign-born child living outside the United States to acquire citizenship, the U.S. citizen parent must still apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.

To be eligible, a child must meet the following requirements:

The child has at least one U.S. citizen parent (by birth or naturalization);
The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14–or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;
The child is under 18 years of age;
The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died.
The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and
The child must meet the requirements applicable to adopted children under immigration law
If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)

If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, USCIS may waive the oath requirement.

2) I am filing for a child who lives abroad. What documents do I have to submit with the form?

If your child has not immigrated to the United States (does not have a "green card"), you should submit:

Photographs of your child,
Fee,
Your child's birth certificate,
Your birth certificate or naturalization certificate,
Your marriage certificate (if applicable),
Evidence of termination of previous marriages (if applicable),
Evidence of a full and final adoption (if applicable),
Evidence of all legal name changes (if applicable), and
Form N-600k.
3) What forms do I file and what are the fees?

You can apply for evidence of citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322) at any USCIS District Office or Sub-Office in the United States. If you are filing on behalf of an adopted minor child, the fee is $145 (all other applicants must pay $185).

4) Where should I file the forms?

If filing for a child who lives abroad, you may file the Form N-600K at any USCIS District Office or Sub Office in the United States. You and your child will need to travel to the United States to complete this application process.

I believe that this statement is, unfortunately, the current position on children adopted by Americans who live overseas. I wish I had better news for you.


Sharon

[travelinjack3]

According to what Sharon posted #1 would apply since she has a green card. #2 is not an option since the N-600K can only be filed 2 years after adoption and she has a green card. #1 does not reference a form though.

[DPline]

Jack -

You might want to cross post this on the Guatemala Forum. I know there have been children adopted from Guatemala by US citizens living overseas. They have flown from Guatemala to the US, stayed for a short time to get the child an expedited US passport, and then traveled on to the country they are living in. Since they were able to get the child an expedited US passport, their IR3 visa must have been honored. I wish I could remember who, but if you post maybe one of them will see it and can suggest something.

Another avenue to try.