Citizenship Proceedings for Adopted Children: Pitfalls and Practice Tips

Adopting children from abroad can be a multi-year process that involves navigating both international legal procedures and the U.S. immigration process. High profile deportations of adoptees whose parents failed to secure them U.S. citizenship highlight the fact that immigration filings are a critical piece of this process as well. Even attorneys who only handle domestic adoptions may run afoul of Immigration laws unknowingly. Due to a change in the law, even if a child has been domiciled in the U.S. since birth, the immigration procedure must be resolved before the adoption is completed. Family law practitioners who handle any type of adoption will want to learn a simple test to determine if their domestic adoption requires an immigration consultation.

This program, taught by Karen Stoutamyer Law, a specialist in international adoptions, will review the fundamentals of citizenship for children involved in adoption proceedings in the U.S., including common problems that can arise, errors that attorneys often make, and practical advice on obtaining the best result for the parents and child.

Learning Objectives:

1. Assist adoptive parents in domestic adoptions of foreign born children with the problems that may arise in obtaining lawful status
2. Explain the implications of the Hague Adoption Convention on domestic and foreign adoptions
3. Determine the appropriate pathways for immigration of adopted children who live abroad
4. Explore alternatives to adoption for lawful status for adopted children, such as SIJS, VAWA, etc.
5. Detail the requirements for citizenship under the Child Citizenship Act