Problem US Ciitizenship for my son

Papi de Alejo says on Sep 4, 2008, 22:41:

I am having trouble following the problem for which you are asking help. If I am having problems, perhaps the people who can really offer you advice are also not understanding the issues.

I would think that if he is your legally adopted son, then he as the child of a US citizen is entitled to citizenship through you his parent, if you are a US citizen.

I'm commenting on your post so that others will be able to see it. Good luck.

PdA

PdA

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Sonny says on Sep 5, 2008, 05:34:

Your post is very difficult to understand. I agree, maybe make your point clear. Did you adopt the child in the USA and are you US citizens?

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Gator says on Sep 5, 2008, 08:34:

A DNA test should prove paternity. It that is in your favor then it's all down hill. If he is you son as you state ICBF will not be involved.

"....us to adopt him. " If that US involves your sister she has no standing in this matter. First things, first, amigo. GET HIM US CITIZENSHIP. A GOOD IMMIGRATI0N ATTORNEY IS A MUST.,

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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Papi de Alejo says on Sep 5, 2008, 15:49:

Gator in trying to sort this out, here are the "facts" that are contained in the post:
1. Son was born in Colombia to a Colombian mother, with no father listed on his birth certificate;
2. The mother brought him to the US for a "visit"
3. At the suggestion of the child's aunt, OP decided to adopt;
4. The day after the child arrived in the US, he went to live with the OP;
5. The following OP had temporary custody and adopted him 18 months later;

Now it gets fuzzy;

It seems as if the OP wants to know whether ICBF should have been involved during the original adoption or whether they still have a role to play now that Son wants to claim his US citizenship.

PdA

PdA

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Gator says on Sep 5, 2008, 19:56:

If only one parent was a U.S. citizen at the time of birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the child reaches the age of 14. The child does not need to do anything special to keep this type of US citizenship. If one U.S. citizen parent is the father, which appears to be the case, and the child was born outside of marriage, the same rules apply if the father established paternity prior to the child's 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

Paternity can be established through a DNA test. The fact that his name was not on a Colombian birth certificate will have no bearing on the final outcome. Establishing a biological and legal relationship to the child: To establish that a child born abroad acquired derivative U.S. citizenship, the Immigration and Nationality Act (INA) requires that a blood and a legal relationship exist between the child and the U.S. citizen parent. Volume 22 of the Code of Federal Regulations, Section 51.40 provides that the burden of proof is upon the applicant to establish a claim to U.S. citizenship. When primary and secondary documentary evidence are deemed insufficient to establish such a claim, parentage DNA testing is an option available to applicants. It appears that there is no other way to establish the child''s claim to U.S. citizenship.He is, of course, free to submit any additional evidence that may be pertinent. If such DNA tests establish that fact, the Department of State would expedite issuance of a consular Report of Birth of a U.S. Citizen Abroad and a U.S. passport, provided applicable requirements of the Immigration and Nationality Act concerning birth out of wedlock and establishment of a legal relationship (acknowledgment of paternity and legitimization prior to the child''s 18th birthday) have been met.

But there is some question if your child was born abroad you will need to complete the Consular Report of Birth process abroad; it cannot be done in the United States. Things like this is the reason you will need an attorney. The aunt's interest in the case is legally a non-issue. If you are going to try and adopt you will be required to either obtain the mother's permission. If you can't locate the child's mother or she refuses to grant permission then it is time for Colombian Court and the intercession of ICBF. ICBF would not have entered into the picture unless there was formal action taken to adopt IN Colombia

Again - GET A GOOD IMMIGRATION ATTTORNY

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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Papi de Alejo says on Sep 5, 2008, 20:51:

The OP said that they adopted the child from a single Colombian mother in the United States when he was around 5.

PdA

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Gator says on Sep 6, 2008, 09:01:

"The day after she arrived he was in our home, a day later we were granted temporary custody."
I have never seen the US (or Colombian Courts) move that fast. One day?
The kicker is the age of the child:

"The Child Citizenship Act, which applies to both adopted and biological children of U.S. citizens, amends Section 320 of the Immigration and Nationality Act ("INA") to provide for the automatic acquisition of U.S. citizenship when certain conditions have been met. Specifically, these conditions are: One parent is a U.S. citizen by birth or through naturalization; The child is under the age of 18; The child is residing in the United States as a lawful permanent resident alien and is in the legal and physical custody of the U.S. citizen parent; and




GET A GOOD IMMIGRATION ATTORNEY

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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scribblings says on Sep 7, 2008, 11:16:

The problem with automatic citizenship is that he came in on a visitors visa and not an immigration visa.
He was illegitimate in Colombia an dthe mom said he was just someone passing through so he wasn't listed on. It's really hard to find english translations of the family code on adoption or constitutional revisions since 1991 on adoption. So far it looks to me as if it was perfectly okay for her to leave the country for a visit. and I don't think there is any law in colombia that prevents her from leaving her son here for adoption. The USCIS toldme that they have deported peoples adopted kids if the had committed crimes here but he hasn't. It's just very frustrating trying to find the laws that I can read

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Gator says on Sep 7, 2008, 19:42:

As long s you can PROVE you are the biological father and met the other USCIA requirements there is no problem!!!!! HIS citizenship IS NOT AUTOMATIC!!!!!!! The child is over 18 so the child MUST file on his own behalf with USCIS. This requirement can NOT be waived.

BTW, if the individual is over 18 years of age then the court can rule that only the preson to be adopted consent is required. An adopted child may enjoy immigration benefits based on the adoption ONLY if the adoption occurs prior to the child's 16th birthday;

Colombian laws will have no effect on this adoption. Your problems will be with USCIS

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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scribblings says on Sep 11, 2008, 21:50:

Does any one do translation proofreading?

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scribblings says on Sep 11, 2008, 21:52:

Actually since we filed before he was 18 he is going to be a citizen rather than a permanent resident.

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