Have Unusual IR-2 Visa Questions About Citizenship & Passport

[dlsis 0]

Hello All -

I entered U.S. at 15 years old in 2003 from Guatemala, assuming it was with IR-2 visa because that is what my permanent resident card says today.  My father adopted me, a naturalized U.S. Citizen.  My father (naturalized U.S. citizen) and mother (legal permanent residence) never received or applied to receive a certificate of citizenship.  I am now 30 and want to get a U.S. passport.  I've been given differing guidance from various lawyers, but my understanding after reading here and on state department & USCIS sites I became a US Citizen the day I entered the U.S. because I was under 18 and entered in as child of U.S. Citizen. (I also lived with my parents until I turned 18).  I also infer that a certificate of citizenship is unnecessary.  Am I correct?

 

I do not have my original passport with my stamp of entry from when I was a child.  I don't have a copy of the adoption decree as my parent's didn't do a good job of keeping records, but my dad is going to attempt to get a copy from the court here in the U.S.  (The records are sealed, so I can not get it myself).

 

Can I just apply for my U.S. Passport?  Will an adoption decree, a copy of my birth certificate from Guatemala, a copy of my father's proof of citizenship and a copy of my permanent resident card work for documentation?  If not, what other info may I need.

 

I've traveled back and forth to Guatemala to visit my family that lives there, but used a Guatemalan passport and permanent residence card.  I honestly only came across this information when I was going to apply for citizenship and was told I shouldn't apply for naturalization, as I should already have my citizenship.  I began doing research and just want my U.S. Passport if that is true as I feel safer traveling abroad with U.S. documents and as a US citizen should anything happen during my travels.  Also concerned under the current administration about having proof of citizenship.

 

I really appreciate any guidance and know this is unusual as an adult to get clarification.

[TNJ17 1,329]

You need proof of citizenship to get a US passport. Your birth certificate won’t do because you were not born in America. You need to start with getting the adoption documentation that your father can provide and go to USCIS and ask if that is proof enough (through the adoption by a US citizenship). Your entry to the US as an IR2 visa holder does not automatically grant you citizenship. You would have to apply 5 years after entry for your citizenship but because you were adopted by a US citizen that may make things different. You need to start there. 

Edited March 13, 2018 by TNJ17

[dlsis 0]

20 hours ago, TNJ17 said:

You need proof of citizenship to get a US passport. Your birth certificate won’t do because you were not born in America. You need to start with getting the adoption documentation that your father can provide and go to USCIS and ask if that is proof enough (through the adoption by a US citizenship). Your entry to the US as an IR2 visa holder does not automatically grant you citizenship. You would have to apply 5 years after entry for your citizenship but because you were adopted by a US citizen that may make things different. You need to start there. 

I thought under the Child Citizen Act of 2000 because I entered the US under the age of 18 as an adoptee of a US Citizen I actually became a citizen at time of entry?

[TNJ17 1,329]

I’m not sure how that works but you regardless you still need proof of citizenship to get a passport. 

[dlsis 0]

10 minutes ago, TNJ17 said:

I’m not sure how that works but you regardless you still need proof of citizenship to get a passport. 

Passport application says secondary documents to prove citizenship are accessible and gives examples, but is not 100% entirely clear what or will not be acceptable.  Hoping someone familiar, can reply.  Certificate of Citizenship is just that, proof, but not necessary and only documentation allowed as proof.

 

Anyone with clarity and answers on my original question and acceptable documentation as proof of citizenship for passport if my understanding is correct would be great.

[jan22 3,064]

On 3/12/2018 at 7:29 PM, dlsis said:

Hello All -

I entered U.S. at 15 years old in 2003 from Guatemala, assuming it was with IR-2 visa because that is what my permanent resident card says today.  My father adopted me, a naturalized U.S. Citizen.  My father (naturalized U.S. citizen) and mother (legal permanent residence) never received or applied to receive a certificate of citizenship.  I am now 30 and want to get a U.S. passport.  I've been given differing guidance from various lawyers, but my understanding after reading here and on state department & USCIS sites I became a US Citizen the day I entered the U.S. because I was under 18 and entered in as child of U.S. Citizen. (I also lived with my parents until I turned 18).  I also infer that a certificate of citizenship is unnecessary.  Am I correct?

 

I do not have my original passport with my stamp of entry from when I was a child.  I don't have a copy of the adoption decree as my parent's didn't do a good job of keeping records, but my dad is going to attempt to get a copy from the court here in the U.S.  (The records are sealed, so I can not get it myself).

 

Can I just apply for my U.S. Passport?  Will an adoption decree, a copy of my birth certificate from Guatemala, a copy of my father's proof of citizenship and a copy of my permanent resident card work for documentation?  If not, what other info may I need.

 

I've traveled back and forth to Guatemala to visit my family that lives there, but used a Guatemalan passport and permanent residence card.  I honestly only came across this information when I was going to apply for citizenship and was told I shouldn't apply for naturalization, as I should already have my citizenship.  I began doing research and just want my U.S. Passport if that is true as I feel safer traveling abroad with U.S. documents and as a US citizen should anything happen during my travels.  Also concerned under the current administration about having proof of citizenship.

 

I really appreciate any guidance and know this is unusual as an adult to get clarification.

If I understood your situation, you would not have benefited from the Child Citizenship Act upon your initial entry, since you were not adoped until after you were in the US.  Right?  An IR-2 means your US citizen step-father petitioned for you as his step-child.  (If adopted in Guatemala, you would have received an IR3 or IR4 visa).  You may have benefited from the CCA later, though.  When was your adoption final in the US?  How old were you at the time the adoption was finalized?

[dlsis 0]

14 hours ago, jan22 said:

If I understood your situation, you would not have benefited from the Child Citizenship Act upon your initial entry, since you were not adoped until after you were in the US.  Right?  An IR-2 means your US citizen step-father petitioned for you as his step-child.  (If adopted in Guatemala, you would have received an IR3 or IR4 visa).  You may have benefited from the CCA later, though.  When was your adoption final in the US?  How old were you at the time the adoption was finalized?

IR-2 Actually means adoption full and final, not unlike the spouse equivalent.  IR-2 is issued to foreign born birth children of US citizens too.  From USCIS :  "

"Children with IR-2 visas that are:

• under 18 years old automatically acquire U.S. citizenship upon entry to the United States if they reside in the United States with their parents (U.S. government or military personnel residing overseas may qualify as residing in the U.S.)."

This is why I am wondering if my Visa, along with birth certificate and proof of adoption would be enough for my passport.

[jan22 3,064]

9 hours ago, dlsis said:

IR-2 Actually means adoption full and final, not unlike the spouse equivalent.  IR-2 is issued to foreign born birth children of US citizens too.  From USCIS :  "

"Children with IR-2 visas that are:

• under 18 years old automatically acquire U.S. citizenship upon entry to the United States if they reside in the United States with their parents (U.S. government or military personnel residing overseas may qualify as residing in the U.S.)."

This is why I am wondering if my Visa, along with birth certificate and proof of adoption would be enough for my passport.

But your adoption was in the US after you entered, right (based on you saying that your adopted father was trying to get a copy from the US court)?  If you were adopted in Guatemala, you would have had to live there with your adopted father for 2 years to get an IR-2.  And, you were not a foreign-born child of a US citizen -- you said your mother was an LPR and, if the naturalized US citizen was your biological father (thus leading to the IR-2), you would not have had to be adopted.  Would be able to give better responses if you would clarify the details I had asked about.

Edited March 16, 2018 by jan22

[dlsis 0]

12 hours ago, jan22 said:

But your adoption was in the US after you entered, right (based on you saying that your adopted father was trying to get a copy from the US court)?  If you were adopted in Guatemala, you would have had to live there with your adopted father for 2 years to get an IR-2.  And, you were not a foreign-born child of a US citizen -- you said your mother was an LPR and, if the naturalized US citizen was your biological father (thus leading to the IR-2), you would not have had to be adopted.  Would be able to give better responses if you would clarify the details I had asked about.

jan22 - it seems the immigration site has a very direct and clear definition of when citizenship is received for those children entering the US with an IR-2 visa:

 

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/after-your-child-enters-united-states

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

 

In both examples it seems I legally met the requirements to acquire my citizenship...unless I am missing something?!?

 

[dlsis 0]

44 minutes ago, dlsis said:

jan22 - it seems the immigration site has a very direct and clear definition of when citizenship is received for those children entering the US with an IR-2 visa:

 

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/after-your-child-enters-united-states

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

 

In both examples it seems I legally met the requirements to acquire my citizenship...unless I am missing something?!?

 

Actually meant to include reference to this link:  https://www.uscis.gov/adoption/your-child-immigrates-united-states

[jan22 3,064]

6 hours ago, dlsis said:

jan22 - it seems the immigration site has a very direct and clear definition of when citizenship is received for those children entering the US with an IR-2 visa:

 

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/after-your-child-enters-united-states

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

 

In both examples it seems I legally met the requirements to acquire my citizenship...unless I am missing something?!?

 

Until you answer my question regarding when your adoption occurrred, I can't tell you what you may be missing. 

 

Not every IR-2 acquires citizenship immediately upon entry into the US.  The petitioning US citizen parent must be the biological parent, not a step-parent for citizenshop to be acquired on entry.  If your adoption occurred after you entered the US, you may or may not have acquired citizenship later-- but it would not be based solely on your original entry as an IR-2. 

 

Until you answer the basic question of when your adoption was done, including where and when the adoption was final and how old you were at that time, nobody can give you accurate information.  This is at Ieast the third time I've asked where the adoption occured.  Without that information, I won't be responding again -- there is no use in doing so, since there is not enough information on which to base a further opinion.

[dlsis 0]

13 hours ago, jan22 said:

Until you answer my question regarding when your adoption occurrred, I can't tell you what you may be missing. 

 

Not every IR-2 acquires citizenship immediately upon entry into the US.  The petitioning US citizen parent must be the biological parent, not a step-parent for citizenshop to be acquired on entry.  If your adoption occurred after you entered the US, you may or may not have acquired citizenship later-- but it would not be based solely on your original entry as an IR-2. 

 

Until you answer the basic question of when your adoption was done, including where and when the adoption was final and how old you were at that time, nobody can give you accurate information.  This is at Ieast the third time I've asked where the adoption occured.  Without that information, I won't be responding again -- there is no use in doing so, since there is not enough information on which to base a further opinion.

It was finalized in US, when I was 15 prior to moving here permanently.  I moved to the US at 15 once adoption was final and lived with my father and mother.  My father is citizen that adopted me.

Edited March 17, 2018 by dlsis

[acidrain 325]

I think you have an uphill battle for the fact you don't have any proof you entered the US as an IR-2. Add in the fact you don't have an adoption decree and can't prove you are the child of a USC. My spouse was born a USC but we had to petition for IR-2 because he had not lived in the US for 2 years over 14. A lot of people assumed we could just bring my son's birth certificate and go apply for a US Passport without going through the IR-2 process. That is not the case and we still had to pay thousands of dollars to complete the IR-2 process. The passport office will ask for either CBRA (Birth Reported Abroad) or IR-2. If you do not have proof you activated your IR-2 then how can you show proof you entered as such?

 

Keep in mind a lot of government agencies like Social Security & the Passport office are not well versed in immigration. If you do not present a simple case you will most likely be denied. You may not want to hear this but my first question would be why you waited until you were 30 years old to deal with this? It does seem very odd to an outsider you entered the US 15 years ago and never dealt with your citizenship until now.

 

Not sure if this is an option but I thought a person can apply for citizenship after 5 years of being a green card holder (form N-400)? Wouldn't that option be easier? Then once you got that then take it to the passport office and get your passport.

[dlsis 0]

28 minutes ago, acidrain said:

I think you have an uphill battle for the fact you don't have any proof you entered the US as an IR-2. Add in the fact you don't have an adoption decree and can't prove you are the child of a USC. My spouse was born a USC but we had to petition for IR-2 because he had not lived in the US for 2 years over 14. A lot of people assumed we could just bring my son's birth certificate and go apply for a US Passport without going through the IR-2 process. That is not the case and we still had to pay thousands of dollars to complete the IR-2 process. The passport office will ask for either CBRA (Birth Reported Abroad) or IR-2. If you do not have proof you activated your IR-2 then how can you show proof you entered as such?

 

Keep in mind a lot of government agencies like Social Security & the Passport office are not well versed in immigration. If you do not present a simple case you will most likely be denied. You may not want to hear this but my first question would be why you waited until you were 30 years old to deal with this? It does seem very odd to an outsider you entered the US 15 years ago and never dealt with your citizenship until now.

 

Not sure if this is an option but I thought a person can apply for citizenship after 5 years of being a green card holder (form N-400)? Wouldn't that option be easier? Then once you got that then take it to the passport office and get your passport.

Thanks acidrain.  I have my permanent resident card with IR-2 card and also will be able to get proof of the adoption.  I have school records proving I entered before 18 and resided at my parents address.  I expect that they will request additional documents to support and prove my citizenship.  I also have my social security card, enrollment in selective service at 18 and plenty of other ways to prove entry, residency.  If I can locate my old Guatemalan passport, immigration tracks all entry and exit and can prove entry as a foreign born child of US Citizen.

 

I was advised by one lawyer not to apply for citizenship if I legally already have it, as you start creating legally grey areas that could leave me exposed to new legislation that may be passed that affects immigrants.  It could be interpreted as I have not legally assumed or implied my citizenship.

 

I can appreciate an outsiders perspective but if you read my original post I began applying for my naturalization and then discovered these laws affecting my own status.  The current political climate had my family prompting me to get my paperwork in order.  Almost all immigrants feel a little more uneasy these days and my family is no different.  I felt obligated to get this done now as such, to ease my family's concerns.

[acidrain 325]

It's ultimately up to you whether you want to seek retroactive citizenship or just get it from this point forward. I would just be prepared if you seek it retroactively through the IR-2 route it will be a hassle. My spouse and I have had to deal with various issues with different government agencies. It's no picnic and we have found we had to spend so much time explaining ourselves. A lot of government workers approach what we said with a degree of skepticism like we were trying to pull a fast one. We were able to sort things out but this kind of stuff is not for the faint hearted. Be prepared to involve your local congressperson as these types of issues tend to get sent up the chain of command.

 

I can understand the need to sort out your immigration status with the recent political environment. As a Canadian I didn't have much interest in seeking citizenship until the recent administration came into power. 

 

At least you know you have another route if the first one does not work out. I'd find it hard to believe the government would be able to take away citizenship to those who acquired it. If you recall with the travel ban the government did back off permanent residents rather quickly. They seem to be going after those who do not have legal status as constitutionally those people are the most vulnerable. Good luck to you.