I am assuming this would affect those who have not yet filed the I600A agree? I'm still waiting for our 171H approval but we filed in January.

Thanks for spreading the word on this issue. As unexpected delays cause the adoption process to take longer and longer, many parents (myself included) are finding themselves having to pay these filing fees in full TWICE because the US CIS does not allow renewal of the approval at a reduced rate. Your comments regarding this proposal are important because they formally ask the government to reconsider the fee increases. Adoption is already prohibitively expensive for many families - let’s not make is worse by allowing these fees to be increased!

Please also note that this increase will affect the cost of Certificates of Citizenship for your children after you bring them home. The current fee is $215 and will increase to $460 with no mention of improved service (currently there are many cases where the certificate is not received until a year after filing).

Please be sure to post your comments at the website indicated by Kevin by April 2 to make your voice heard on this issue.

I agree that the adoption process is already extremely expensive, however if the rate increases will help pay for the extra help needed to get things MOVING ALONG then I for one would be okay with the increase. CC

Do you know when the increase will go into effect? Thanks!

Stephanie/Kelly/Kevin,

Stephanie mentioned about the Certificate of Citizenship.

My agency didn't really tell us much about it. Our daughter's adoption was finalized late last year. We got the original adoption decree back from our attorney, and are waiting for her new birth certificate.

I think I remember seeing it mentioned on the I171, but it was so long ago I sort of forgot about it.

1.First, why do we need this certificate? Our daughter already has a SS# in her old name, and now the adoption decree.
Is there any harm in not getting it for a while? Or is there a deadline after finalization for it to be done? We are having financial problems and absolutely can not afford anything extra.

2. When does it need to be completed? Where can I find the correct forms to apply for one? Our agency told us to contact them to complete it, but we'd rather not.

The amount they charge for this is ridiculous--the amount they charge for everything is ridiculous. I can't understand how they can charge this much when some of the newest citizens (I'm thinking not so much of adoptees, but adult imigrants and their families) might be working minimum wage jobs. Anyone got any thoughts on that?
Ayways, if someone could answer my questions to the above or direct me to the answers, I would really appreciate it.

I've heard the embassy is now requiring the form DS-230 as part of pick-up process. Does anyone know? THANKS!

Mary,

You don't really need the certificate of citizenship. It is just what it says...proof of citizenship. It doesn't change anything or do anything official. I spoke with someone at USCIS and they told me that once the adoption is finalized (either in Guatemala or in the state your live in), your child is a citizen and no additional work is needed.

If you want to have something that demonstrates proof of citizenship for your child (just in case someone asks) you can show them the new birth certificate issued by the state.

I would also get a US passport just in case. This is what I did for my kids and it is only like $70.

I do not agree with Matt. The Certificate of Citizenship *IS* needed for every adopted child. It is the only document that truly proves he/she is a U.S. citizen.

A certificate from the state (usually a Certificate of Foreign Birth) is not adequate proof - especially since it is not issued by the only fed agency with authority to award citizenship (USCIS).

Folks on the big list have also noted several instances (college admission, applying for Fed job, etc) where a passport was not adequate proof, either.

Mary, I strongly encourage you to "close the loop" and get a CofC for your child. It's the final step to protect him/her.

Once this is done, I also recommend returning to Social Security to make certain your child is listed as a citizen (not a resident alien) and that his/her correct name is on file.

Finally, I recommend not solely relying on information provided by a USCIS staffer. Staffers have repeatedly shown they are undertrained or misinformed on procedures and laws.

Denise

Thanks Matt,
that's a relief to know. So far we only had one situation where we needed proof of citizenship and birth, & since we didn't have the new birth certificate, we gave them the adoption decree and they were ok with it.
Thanks again for the info!

Mary and Denise,

This is from the US Dept of State website:

Purpose
On February 27, 2001, the Child Citizenship Act of 2000 becomes effective. The aim of this law, which, among other things, amends Section 320 of the Immigration and Nationality Act (INA), is to facilitate the automatic acquisition of U.S. citizenship for both biological and adopted children of U.S. citizens who are born abroad and who do not acquire U.S. citizenship at birth. We are pleased to note that, because of this law, U.S. citizenship will be conferred automatically upon thousands of children currently in the United States.

Requirements

The following are the Act's requirements:

-At least one parent of the child is a U.S. citizen, either by birth or naturalization.
-The child is under the age of 18.
-The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence.
-If the child has been adopted, the adoption must be final

Q: Will a child who has met the requirements of this new law need to apply for a passport from the State Department or a Certificate of Citizenship from the Immigration and Naturalization Service (INS) in order to become a citizen?

A: No. As soon as the law's requirements have been met, the child acquires U.S. citizenship automatically without the need to apply for either a passport or a Certificate of Citizenship.

My daughter entered the US on an IR4 Visa last year. I recently re-adopted her in my state, and just received her amended birth certificate. I went to the Social Security office today to apply for her number. The clerk told me repeatedly to return to the Social Security office after I received my Certificate of Citizenship so that I could have her status changed from Permanent Resident to Citizen.

This leads me to believe you must apply for a Certificate of Citizenship in order to have your child's status changed from Permanent Resident to Citizen.

I do not know what the situation is for an IR3 Visa, but this is my experience for an IR4.

Jen

Jen,

You should ask to speak with a supervisor. A US passport is an acceptable form of proof. This person at the social security office is wrong.

Matt,

I am aware of what the USCIS website says - and what the laws says. However, things are handled differently in the real world, especially when dealing with people who are unfamiliar with the law.

I again strongly suggest EVERY adoptive parent get a Certificate of Citizenship for their child/ren. Yes, it's a bit more money for adoption expenses, but it is in the best interests of your child to have undeniable "proof" of citizenship.

Why would anyone want to risk it by not having one?

Denise

Denise,

I agree with you in principle, but have two issues. First, the passport is undeniable proof. Second, I just feel that it is a bit harsh to tell someone who can't afford a certificate of citizenship right now that they absolutely have to get one. That just isn't the case. I am currently waiting for the certificate for both of my children, but since I've done everything I needed to with the passports, the certificates are just going to sit in a file folder forever.

We really won't ever need to use them. Plus, their baby pictures will be on the them...what good does that do when they are teens or adults?

Hi! Just wondering, doesn't everyone get a Certificate of Citizenship? We got one in the mail a week after we brought our son home and never paid anything for it. Now, we did visit him once prior to finalizing the adoption, is that why?

I am about to apply for CofC for both of my sons, one who came home in August of 2003 and the youngest who just arrived home in November 0f 2006. I don't ever want there to be a time that anyone can question their citizenship. Some points to consider:

1) The passport has to be renewed every 5 years for a child and a CofC is forever.
2) Even if you get one automatically (IR3 vs. IR4) if you change your child's name you will need to apply for a new one.
3) Just as readoption provided you with a U.S. Birth Certificate (much easier to obtain than a copy of the Guatemalan B.C.) the C of C provides the proof through the BCIS that your child is a citizen.

Now if money is tight, feel free to put it off a few years, particularly if your child is not of school age, but in my opinion I would get one before the child starts school.

As for the Social Security office - don't get me started! Every office is different and while some will accept a court order from a readoption process as proof of citizenship, others will not. The hoops I had to jump through to get the number this last time (after readoption) were greater than the first time, which I did BEFORE readoption. So yes, I will be using the CofC to verify their status with the Soc. Sec. department as well. The rules are uniform but the ways they are interpreted at your local office are NOT!

Good Luck!
Darcy

Hi Bonnie,

Yes, you are correct. If you visit once before, they send you one automatically.

Matt,

I'm afraid I may not have been clear, I was able to obtain the social security number by providing the amended birth certificate and her Permanent Resident card, however her status in the Social Security system will remain Permanent Resident until I provide them with the Certificate of Citizenship. Maybe providing a US Passport would solve this problem. However, everything I have read on this topic elsewhere strongly suggests that you secure a Certificate of Citizenship for your child. I have attached the following text from a question and answer document by C.J. Lyford a member of the American Immigration Lawyers Association (CCA stands for Child Citizenship Act):

"Is it a good idea to obtain proof of your child's U.S. citizenship?
Yes and I strongly recommend it. Even if your child has the status of USC under the law and you will ultimately prevail on this issue in the end, you may still be faced with the problem of having to convince others that your child has this status. Having this clear and tangible evidence immediately on hand will save you and/or your child from having to produce numerous documents, and probably having to re-explain the CCA, every time it is necessary to prove that he or she is a USC.
Under the USCIS regulations, you can prove U.S. citizenship through either a COC or a U.S. Passport. However, I recommend that you get both. The COC is advantageous because it is universally recognized, only one-page long and does not need to be renewed. It is very similar to the one page Certificate of Naturalization that is used by a naturalized USC to prove U.S. citizenship."

Of course Immigration Lawyers are going to tell you to get a C of C! They can afford it!

I would LOVE to have an extra $460 laying around, but right now we're struggling to pay our bills and keep ourselves in our home.

Not everyone who adopts can afford $460 at the drop of a hat (and wouldn't you know it-- the darned government doesn't take payment plans). We had to fight tooth and nail to scrape money together to complete her adoption, taking out loans, asking family, draining our life's savings and retirement. There are more families out there like us than you would think.

We wanted to have a family, and we would do this all again to have our precious daughter.
But, through no fault of our own, we both lost our higher paying jobs in the last 1-2 years, and $460 is more than HALF our income.

Of course, we could just add it to our already screaming credit card bill, but if The Certificate of Citizenship is NOT COMPLETELY NECESSARY right now, we're not getting it.

We have had multiple occasions since we brought our daughter home in which agencies wanted proof of citizenship, and they accepted her adoption decree and/or ss# as good-enough proof.(They knew where she was born and they didn't even mention the C of C or a passport).

If it comesdown to it, of course we'll purchase the C of C--on the credit card-- but right now it's not going to happen.

Also, I re-read all the posts on this topic and I don't think anyone mentioned when the price increase for the Certificate of Citizenship will take effect. Does anyone know?

Thanks.

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