good citizenship
After I posted the disgustingly long timeline, my bloggy pal (and fellow Ethiopian adopting parent) Carrie was good enough to point out a couple of errors, including a pretty important one about Sprout's citizenship. And it made me realize that I needed to do some research on the topic (how unlike me!).
Here's what I found out, and a question:
When the Ethiopian courts finalize the adoption, Sprout will remain an Ethiopian citizen.
The relevant U.S. law (Child Citizenship Act of 2000) says that a child whose adoption is finalized in the country from which he/she is adopted is generally issued an IR3 visa classification (“Immediate Relative -- Orphan Adopted Abroad by U.S. Citizen”), and automatically becomes a U.S. citizen upon arrival in this country.
But, there is a wrinkle. If the adopting parent(s) will not have SEEN the child in person before (or during ) the adoption process - the child can't get an IR3 visa classification. This isn't in the Child Citizenship Act of 2000 by the way - it is how the USCIS has interpreted the law. (Good information about this here.)
I don't really understand this - but, that's the situation. And, of course, I will not have laid eyes on Sprout prior to finalization of the adoption in Ethiopia.
So, Sprout will instead be issued an IR4 visa classification from the U.S. Consulate in Ethiopia (“Immediate Relative – Orphan to be Adopted in the United States by U.S. Citizen”), and will not automatically become a citizen when we arrive home to the U.S.
In order for Sprout to become a U.S. citizen, I need to "re-adopt" Sprout after we get home.
"Readoption" means the process by which a California state court will review Sprout's Ethiopian adoption (along with other supporting information), and issues a new adoption decree, independent of the Ethiopian decree, stating that Sprout has been adopted in conformity with California State adoption law.
After Sprout is re-adopted in California, Sprout will get a new birth certificate, and can apply for a Certificate of U.S. Citizenship and a social security number.
Does anyone know if there is a way for Sprout to retain his/her Ethiopian citizenship during this re-adoption process?
In other words, can Sprout be a joint citizen of Ethiopia and the U.S.?
6 comments:
Unfortunately the USA requires that foreign nationals relinquish their citizenship on becoming US Citizens. Only in cases where a US national obtains a citizenship in a country that allows dual citizenship will the US allow a dual citizenship...and they don't even like to do that!
I don't think it works from the Ethiopian end - as far as I have found out, someone who becomes a citizen of another country automatically loses their Ethiopian citizenship, even if the second country allows dual citizenship (eg, Canada). That's my interpretation of the info on the Ethiopian Embassy's website, at least.
June
It sucks to have to give up your homeland citizenship. I'm very fortunate I was able to maintain my British citizenship when I got my Canadian one. I'm not sure that's still possible. Definitely something to confirm for our kids!
Oh, and by the way - "tag, you're it!"
http://forneko.blogspot.com/2007/05/7-random-things.html
;-)
I know many US kids who are adopted who have kept their original citizenships. So, I would look into it. I have 2 citizenships and my kids will have 3!
Still love that timeline, what an amount of effort you put in!
damn that is bizarre. can't you look at the kid before they do the final stamp of approval on your adoption. then you will have seen the kid prior to finalization.
According to American law I believe you cannot hold dual citizenship. Are you sure you will not see your child before the process? As a single parent adopting from China I saw my child in person the day before the adoption paperwork was finalized and she came in on an IR3 visa. China will always recognize her as a Chinese citizen. I am not questioning as I don't know Ethiopian adoption processes. I am assuming your agency has explained it to you correctly though.
Beverly
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