A had lived an ordinary life for the most part, never presuming something wasn’t quite right. She smoothly acquired her driver’s license, followed by college applications and regular tax filings. However, her tranquil life took an unexpected turn when she attempted to secure a passport. That was the moment she discovered that her trusted document, a delayed registration of birth – commonly seen amidst adopted individuals, wasn’t sufficient anymore. She was faced with the alarming reality that there were no documents to substantiate her U.S. citizenship. In fact, these crucial papers didn’t exist at all.
An unsettling feeling pervaded A, leading her to a dreadful revelation. Due to her unique circumstances, she preferred to only be known by her initial ‘A’, fearing the repercussions – deportation. It later surfaced that her adoptive parents never concluded her naturalization process. As a result, A found herself in a tricky situation where she was technically ineligible for various entitlements, such as college financial aid, which she had always taken for granted.
Now in her 40s, A was also exposed to the risk of deportation to her place of birth, South Korea. This was not only a foreign country to her but also a place where she had no family ties or fluency in the language. Congress attempted to rectify this issue by introducing the Child Citizenship Act in 2000. This Act was designed to bestow automatic citizenship to international adoptees.
However, the legislation had significant limitations. It only addressed those adoptees who were still minors at the time of its enactment or those who had been born after February 1983. Furthermore, it didn’t cater to the plight of children brought under an inappropriate visa type. For almost a quarter of a century, activists have been vociferous in their advocacy for a removal of the age cutoff to bridge the citizenship gap among adoptees.
Despite several attempts to reintroduce the bill, it has never managed to clear the House. There has been a recent surge in concern for adoptees lacking citizenship rights. Stirred by her own experience, A has come to the shocking realization, ‘Not only is it possible to be in a state of limbo like mine, but I now know it’s common.’
Calculating the exact number of adoptees without citizenship in the U.S. is challenging. Most of them only become cognizant of their predicament in adulthood, when they attempt to apply for travel documentation, seek a Real ID, or, in extreme cases, are convicted of a crime, thereby becoming removal priorities.
A historian points toward the multitude of contributing factors to the rise of noncitizen adoptees situation. Sometimes, the adoptive parents are found to be at fault, and other times, the adoptions lack legal legitimacy from the outset. Recently, even South Korean Government, where A was born, confessed that their adoption agencies perpetrated fraud or misconduct just to fulfill the demand, including skipping the proper evaluation of potential parents.
According to the historian, these systemic issues that prevented adoptees from acquiring naturalization reflect an ancient discord between federal and state roles in international adoptions. Despite citizenship falls under federal jurisdiction, adoption is typically viewed as a domestic affair, much akin to marriage, hence it is governed by state courts.
A was barely three weeks old when she was brought from South Korea to the West Coast. Her adoptive parents had difficulties in conception, as she was reportedly told. The question of her citizenship never crossed A’s mind. However, in her 20s, while employed at a coffee shop, she received a correspondence from the U.S. State Department asking for further citizenship proof. This left A in a desperate situation, without knowledge of who to turn to and without the funds to hire a lawyer.
Many years passed before she could voice her dilemma in a Facebook group dedicated to adoptees. There she was urged to consult a lawyer. A connected with an attorney in 2019 who then spent two years liaising with various government departments, attempting to understand A’s citizenship status. The attorney’s declaration was mind-numbing. She was formally informed, ‘You’re not a U.S. citizen.’
Being devoid of citizenship, adoptees live in a constant state of uncertainty, as though they are fresh off the boat. A woman from Korea, also an adoptee, only received her citizenship when she was 52. She fears how her noncitizen duration might affect her retirement benefits. In another heartbreaking instance, an adoptee named Phillip Clay took his own life after grappling with adaptation to life in South Korea.
The State Department emphasized it is committed to facilitating secure, ethical, legal, and transparent intercountry adoptions. However, it clarified that its jurisdiction in adoptee citizenship matters is primarily restricted to adjudicating applications for a U.S. passport. There are continued legislative efforts that have gained cross-party support aiming to remove age limitations in the 2000 law.
In the case of A, her lawyer mentioned that he had requested critical documents for her immigration case at the state court thrice in two years. If the process wasn’t so cumbersome, A might already have her green card, according to the attorney. In 2022, luck gave her a new chance as she wed a U.S. citizen, creating a potential path toward citizenship. However, her journey to a green card is stalled until she can obtain her adoption papers. The inability to even fly domestically because she can’t secure a Real ID is making her feel a profound sense of loss.
The post A Woman’s Quest for Citizenship Unearthed Adoption Complications appeared first on Real News Now.
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