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Foreign-Born Adoptees Without U.S. Citizenship
Posted by: Laura Kalish
March 04, 2010

Both international adoption laws and U.S. Immigration laws have changed significantly in the past 20 years. Many years ago, relatively few people adopted children from foreign countries. These adopting parents often had dual citizenship, connections in the country they adopted from, or lived in the foreign country due to employment situations.

By the early 1990s foreign adoption was becoming more prevalent. In 2001, the Child Citizenship Act took effect. It granted automatic U.S. citizenship to foreign-born adopted children in certain situations.

The next big change in the U.S. occurred in 2009, when the Hague Convention international laws went into effect in the U.S.

In addition to the change in immigration law and other federal laws, states have also passed laws in the past few years to address procedures related to recognition of foreign adoptions.

Most foreign born children who came to this country in or after 2001 have had the benefit of these more specific laws. Adoption agencies, parents, attorneys, judges and immigration officers have read the recent laws and know what to do and what to expect. But for some children who immigrated to the U.S. earlier than 2001, problems remain.

Some children (many of them now adults), have lived in this country since childhood or infancy as Americans, yet have not obtained U.S. Citizenship. In these types of cases, there were additional procedures that should have been done, such as a state court "readoption" or additional paperwork needed to be filed with USCIS. For a variety of reasons, this paperwork was not completed by the time the child turned 18, leaving the adoptees in a kind of immigration "no man's land" in reference to their status in the U.S.

An important Act, called The Foreign Adopted Children Equality Act (FACE act) would change that situation and if passed, "would finally treat internationally adopted children of American citizens as children of American citizens instead of as immigrants and would provide them equality with biological children born abroad to American citizens."

You can view more information about this at the following link, as well as sign the petition supporting the FACE act: http://bit.ly/188eWr

Some adoptees may have other options for citizenship. There are many different situations and fact patterns, and legal research may need to be done to uncover any options. If you or your child fits into this category, it is wise to consult with an adoption/immigration attorney to determine what can be done.

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Preparing for the Naturalization Exam
Posted by: Laura Kalish
February 08, 2010

It can be easy to feel intimidated or overwhelmed by the idea of taking this test, especially if you have not taken a test in awhile. I tell my clients to take it step by step and here is what I think are the three most important things to remember:

1. Make sure your immigration filing is properly prepared. From the very beginning, be sure to be complete and truthful with your application and paperwork. Get whatever help you need in completing and filing your application. Be sure that the immigration service has your proper address at all times. These early steps will prevent anxiety later on.

If you have a disability, you may be entitled to special accommodation at the test. If so, accept the help. Don't try to be brave and "tough it out".

If your primary language is one other than English and you are entitled to an exemption to take the test in your primary language, don't be afraid to do so. Be sure that you think about these things in advance and file your request in time.

2. Be aware of how you study best and take the time to do it. If you learn best by reading and writing things yourself, do that. If you learn best by having someone ask you questions out loud, do that. Many communities have classes or workshops at libraries and community centers for test preparation. If you are the kind of person who learns best in a group, find one. Use a good study guide to help you prepare. Also, look at the study materials provided free online on http://www.uscis.gov/. Be sure to download and use the ones that will help you.

3. Prepare yourself physically and emotionally. Be sure that you get proper rest and nutrition for at least a few days before the test. Try to avoid last minute "cramming" or staying up all night. Pace yourself with your studying. Get yourself mentally prepared to have a great result. Wear clothing that is comfortable, but still makes you feel good. You should go into the test rested, comfortable and confident!

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