Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Both parents citizens. Legally adopted. Should be end of story.
That's not how it works as there is a process to follow, and for a reason. They did not follow the legal process to adopt as American citizens and have the child be considered an American citizen upon arrival, hence the tourist visa. Since they did not follow that process, they would have had to have stayed in Peru for two years after finalization in order to gain the necessary visa for the child. This process is in place in order to prevent human trafficking, so I suggest we not try to avoid them.
The reason the aplicación was denied was probably for something as trivial as mispelling, missing a signature or something stupid like that. People in charge of this things care more about bureaucratic procedures than people's lives.
All immigration is handled by the State Dept. If there is a problem with the adoption that is causing the State Department to deny Angela's case is unknown. That may not be the issue.
She entered on a tourist visa not an immigration visa. And no, she is not an automatic citizen. No one is unless born that way. Not adopted that way. No such thing. Even legal resident green card holders have to maintain their home country passport. They aren't citizens here. They don't trade one passport for another.
She can not be in the country on a tourist visa and apply for an immigration visa. That isn't allowed for anyone. But as you correctly stated we shall see when the letter arrives.
The reason for a lawyer is very simple if there is the slightest error on the paperwork the process starts all over again and all fees paid will have to be paid again. The State Dept. makes that very clear at the beginning of the process. In a complicated immigration case a lawyer is highly advisable.
What I see from the OP's link is the parents decide what they were going to do without consideration to what the State Dept. requires they do. In other words they didn't know what they were doing and now they want some special consideration.
Children adopted by American citizens (when they follow the laws) are automatic in all Hague situations and in other situations when both parents visited the child before the adoption was finalized.
That's not how it works as there is a process to follow, and for a reason. They did not follow the legal process to adopt as American citizens and have the child be considered an American citizen upon arrival, hence the tourist visa. Since they did not follow that process, they would have had to have stayed in Peru for two years after finalization in order to gain the necessary visa for the child. This process is in place in order to prevent human trafficking, so I suggest we not try to avoid them.
No, not after finalization of the Peruvian adoption. Just "along the way" (before applying for the USCIS immigration visa). They've had Angela since birth.
Quote:
Originally Posted by phma
All immigration is handled by the State Dept. If there is a problem with the adoption that is causing the State Department to deny Angela's case is unknown. That may not be the issue.
She entered on a tourist visa not an immigration visa. And no, she is not an automatic citizen. No one is unless born that way. Not adopted that way. No such thing. Even legal resident green card holders have to maintain their home country passport. They aren't citizens here. They don't trade one passport for another.
She can not be in the country on a tourist visa and apply for an immigration visa. That isn't allowed for anyone. But as you correctly stated we shall see when the letter arrives.
The reason for a lawyer is very simple if there is the slightest error on the paperwork the process starts all over again and all fees paid will have to be paid again. The State Dept. makes that very clear at the beginning of the process. In a complicated immigration case a lawyer is highly advisable.
What I see from the OP's link is the parents decide what they were going to do without consideration to what the State Dept. requires they do. In other words they didn't know what they were doing and now they want some special consideration.
I promise you the State Department isn't involved in issuing a visa for an adoption. But now you've got me curious - what is it that you think the State Department DOES (re adoption)?
Or for that matter, immigration? If it is State (and not Homeland Security) that handles immigration then Donald Trump is one very confused man who has been yelling at the wrong official all this time.
Angela is an "automatic" or "immediate" citizen once her Peruvian passport - that contains an US immigration visa - is stamped when she walks off the plane at a US POE. Automatic by statute. Congress changed the law back in 2000 to ensure that adopted children of US citizens are treated the same as children born to US citizens - with the only difference that the parents must satisfy the USCIS that they are bona vide "parents" (and not traffickers, with the child "bought" etc.) before the immigration visa is issued.
Angela will never be issued a green card; no need, she'll be a US citizen from day 1.
That's not how it works as there is a process to follow, and for a reason. They did not follow the legal process to adopt as American citizens and have the child be considered an American citizen upon arrival, hence the tourist visa. Since they did not follow that process, they would have had to have stayed in Peru for two years after finalization in order to gain the necessary visa for the child. This process is in place in order to prevent human trafficking, so I suggest we not try to avoid them.
LOL, that's seems to be the fall back excuse. "Human Trafficking".
No, not after finalization of the Peruvian adoption. Just "along the way" (before applying for the USCIS immigration visa). They've had Angela since birth.
I promise you the State Department isn't involved in issuing a visa for an adoption. But now you've got me curious - what is it that you think the State Department DOES (re adoption)?
Or for that matter, immigration? If it is State (and not Homeland Security) that handles immigration then Donald Trump is one very confused man who has been yelling at the wrong official all this time.
Apparently you don't know what the State Dept. is. I'm not going to explain it to you. If there is a problem with the adoption the letter will explain it. The letter will be from the State Dept.
Quote:
Angela is an "automatic" or "immediate" citizen once her Peruvian passport - that contains an US immigration visa - is stamped when she walks off the plane at a US POE. Automatic by statute. Congress changed the law back in 2000 to ensure that adopted children of US citizens are treated the same as children born to US citizens - with the only difference that the parents must satisfy the USCIS that they are bona vide "parents" (and not traffickers, with the child "bought" etc.) before the immigration visa is issued.
I wasn't aware of any of the changes of 2000 so I concede that point. So now it looks like there is a problem possibly with the adoption and its possible someone in the State Dept. has made a mistake also.
Quote:
Angela will never be issued a green card; no need, she'll be a US citizen from day 1.
Well its passed day one and she isn't a citizen.
So there is what is and there is what isn't.
It really will all rest on the letter and the explanation given. Until they explain the problem nothing can be done to correct it. They failed to do something required or the State Dept. made a mistake.
One thing I'm sure of no one is trying to punish the child or the parents.
Having gone through an immigration process I can say the State Dept. is my least favorite gov. agency. I would much rather deal with the IRS. Its faster and easier but still a pain.
Apparently you don't know what the State Dept. is. I'm not going to explain it to you. If there is a problem with the adoption the letter will explain it. The letter will be from the State Dept.
I wasn't aware of any of the changes of 2000 so I concede that point. So now it looks like there is a problem possibly with the adoption and its possible someone in the State Dept. has made a mistake also.
Well its passed day one and she isn't a citizen.
So there is what is and there is what isn't.
It really will all rest on the letter and the explanation given. Until they explain the problem nothing can be done to correct it. They failed to do something required or the State Dept. made a mistake.
One thing I'm sure of no one is trying to punish the child or the parents.
Having gone through an immigration process I can say the State Dept. is my least favorite gov. agency. I would much rather deal with the IRS. Its faster and easier but still a pain.
Okay. We'll have to agree to disagree. It is complicated because what is often used as a proof of citizenship in various proceedings (including immigration) is a passport - and that is issued by the State Dept. Maybe that's what you're referring to?
The day 1 thing applies to Angela entering the US with an immigration visa; a travel visa doesn't count. I think she has to be here by age 18.
And, actually, the State Department - Immigration divide gets interesting because Homeland Security will accept a State Department issued document as proof of citizenship. But, in theory, it really doesn't have to - for only the U.S. Citizenship and Immigration Services (USCIS) in Homeland Security can grant (and in some situations rule on) citizenship. State can't give you a passport unless you are already a citizen - although they will require endless amounts of proof if not a US-born citizen with a birth certificate.
The distinction scares some people - that some day a US passport may not be good enough to, say, prevent a deportation by Homeland Security (Immigration).
Note - Edited to add. Look at the two of us! We're disagreeing. Complicated stuff. No wonder that Angela hasn't made to the United States (permanently at least).
Last edited by EveryLady; 08-13-2018 at 09:37 PM..
LOL, that's seems to be the fall back excuse. "Human Trafficking".
It's not an excuse but the actual reason there are international adoption laws. The parents didn't follow them and thought it was a great idea to bring her here on a tourist visa.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
