[sbaglio]

Hello all,

I know a couple (mother is an Indian citizen, father is a US citizen) who recently finalized an adoption of a child from India, and they are hoping to obtain a US passport for him. Does anyone know how they can go about doing this? The child has an Indian passport, but they are not sure if that is still valid, as his name has now changed after finalization. Is he now considered a US citizen, and what proof can they get of that?

Thank you for your help!

[Bunnygirl]

Does the child have a certificate of citizenship? I'm not sure how it works when only one parent is a U.S. citizen, but our son automatically became a citizen once we completed the adoption -- & CIS mailed us the certificate a few months later. There are 2 different types of visas an international adoptee can enter the U.S. on, one of them confers automatic citizenship and with the other one you have to apply separately for citizenshp.

After we did the domestic re-adoption & name change we applied for his social security card, once we got that we were able to apply for a U.S. passport in his name.

[DPline]

I believe that India works like Korea and the child comes to the US under guardianship and after a period of time the adoption is finalized in the US. A different proces than most sending countries like Russia, China, Guatemala, etc. I believe that if they have completed the finalization process, they can now apply for a Certificate of Citzenship for the child and apply for a US passport.

You might try PMing Sak9645. She is very knowledgable about the adoption processes for different countries as well as immigration and can probably give you the details you need. I don't have time now, but I will also do some research later and see what I can find.

[DPline]

Ok. After a little more research it appears that most children adopted from India enter the US on IR4 visas under a decree of guardianship. Then the adoption process is completed in the US. Though NRIs who are Hindu may be able to finalize their adoption in India if the orphanage allows that process and the United States will issue the child an IR-3 Visa to enter the U.S.

It sounds like from your post that the child entered on an IR4 and the adoption was finalized in the US making the child a US citizen. They would then file USCIS form N600 to get a Certificate of Citizenship for the child as proof of that US citizenship.

I believe that the US adoption documents will provide sufficient evidence of citizenship to get a passport and that they will not have to wait until they have the COC to apply for the passport, but definetly PM Sharon (Sak9645) and she can confirm this information and fill in the info. on the passport.

[sbaglio]

Thank you all for your advice.

[sak9645]

If the child came home on an IR-3 visa, meaning that BOTH parents saw the child prior to the issuance of a final decree of adoption overseas, then the U.S. government considers the adoption "full and final." Readoption in the U.S. is unnecessary unless your state requires it (though you may wish to do it anyway -- for example, to obtain a legal change of name for your child or to obtain a legal document that is likely to be more acceptable to school authorities and others than a foreign document), and your child is a citizen as of the date of entry into the U.S. A certificate of citizenship (COC) will arrive automatically in the mail. While it arrives in under 4 weeks in some areas, it could take up to 8-12 weeks.

An IR-4 visa is given, instead of an IR-3, under two scenarios. The first is the situation where only one parent or neither parent saw the child prior to the issuance of a final decree of adoption by the foreign country. The second is the situation in which the child does not receive an adoption decree overseas; rather, he/she is sent to the U.S. under a decree of guardianship, for adoption in the parents' state of residence.

A child who comes home on an IR-4 visa is NOT considered to have had a full and final adoption. If a final decree was issued overseas, the parents must readopt or do a recognition of the foreign adoption in their home state. If the child came to the U.S. under a decree of guardianship, the parents must finalize the adoption in their home state.

Children coming home on an IR-4 visa do NOT become automatic citizens until they are adopted or readopted in their parents' state of residence. Once adoption or readoption is completed, the parents may file the N-600 to apply for a COC. Be aware that, in some states, it can take up to a year to receive a COC.

U.S. passports are granted only to U.S. citizens. Therefore, a U.S. passport can be granted to an IR-3 child any time after his/her arrival home, but an IR-4 child cannot obtain one until his/her parents adopt or readopt him/her in their home state.

Officially, you do NOT need a COC to obtain a U.S. passport for a child, as long as he/she either came home on an IR-3 OR came home on an IR-4 and was adopted/readopted in his/her home state. The U.S. State Department, which oversees the U.S. Passport Agency, is authorized to "adjudicate status" -- determine who is and who is not a citizen -- by looking at original documents such as adoption and readoption decrees, birth certificates, foreign passports, and so on. However, I must say that, in some jurisdictions, there are less than well-informed Passport Agency officials, and you can sometimes run into hassles trying to get a passport without a COC.

If you go to the Passport Agency website, you will see a list of places where you can go to apply for a passport. The website will also give a list of documents that you should bring; yes, you will have to appear in person when obtaining a passport for your child, as first-time passport applicants are not allowed to apply by mail.

Do remember that, if you are married, either both parents will need to go to apply for the child's passport, or the parent who does NOT go will need to fill out and have notarized a form that is on the Passport Agency website. This requirement was imposed because of the risk that a parent in a messy divorce/custody situation could flee the country with the child, by obtaining a passport for him/her without the knowledge of the other parent.

One thing that parents hate about obtaining a passport is that they must give the clerk ORIGINAL documents to send to the main Passport Agency site. The documents are supposed to be returned with the newly issued passport. The good news is that the Passport Agency and the Post Office have a pretty darn good track record for getting them safely and then returning them to their owners. And parents can help ensure a safe journey for the documents by paying to have the documents sent to the Passport Agency and then back to them by overnight carrier. While it's not an absolute guarantee, this method allows tracking of the package. The large overnight envelope is also more visible, if it falls under a desk or gets under a pile of papers.

Obtaining a passport can take as little as two weeks, depending on the backlog at the Passport Agency. Even if it takes longer, it is almost always quicker to get a passport than to get a COC. This is one reason that obtaining a passport is a good idea, since it can serve as proof of citizenship for 95% of all purposes until you get the COC. The passport, of course, is also required for travel. On the other hand, the COC is the only 100% acceptable proof of citizenship. And while passports for minor children need to be renewed every five years. the COC never expires.

Sharon