Wait, a legally adopted 4year old can be deported? How is that even possible at any level? (I mean, what’s the possible legal justification for that - an adopted child belongs to their family just like a naturally born child; by definition they have a family here and no family there; they’re 4; the parents are US citizens. )
The parents were living in Peru and the adoption occurred there, so apparently the child needed to apply to immigrate to the US. She is currenty living in the US with her parents but she only has a tourist visa which expires soon. Not exactly a standard situation.
It’s not a standard situation but I think there are enough international adoptions that the U.S. immigration laws should be modified to account for them, in a way that meets the goal that adopted children easily be granted citizenship in the U.S.
Of course if we did that some people would go to another country and adopt, some of which “sell” children not only to US parents but much more nefarious people. Is that what you want to support? The reasons we have these laws is that just maybe we are trying to prevent trafficking in children. Do it the right way and you don’t have these problems.
There can be many unintended consequences for going “around the system”
It’s not clear to me that these parents did it the “wrong” way. I am all for preventing trafficking in children but there is no indication in this story that these people were engaged in trafficking.
They did it the wrong way if there child is being sent back to her country of origin, they knew that this would happen when they got the tourist visa and now they are trying to get around it. As far as I am concerned they are supporting trafficking of children. They should be ashamed of themselves. What is it doing to this poor child? I personally know people who have adopted out of foreign countries (but through the US system) and have no issues.
I think we may be missing part of the story or process. Not clear if the parents started the correct paperwork in Peru under the Child Citizenship Act of 2000. I am certainly no attorney, but reading the required paperwork and forms listed, it seems as though a child adopted in a foreign country with at least 1 parent a US citizen, the child would be considered a naturalized citizen provided the paperwork was completed and approved. It doesn’t appear that that was done prior to travel to the US, therefore explaining the travel visa that appears not to be a correct step in the process??? Perhaps others can read the rules and add to this?
Regardless, this is such a shame. Often times, a local US Congressman or Senator gets involved and helps to resolve the issue.
It sounds like these parents are the victims of bad advice. I believe that children adopted in other countries by Americans via the other country’s domestic adoption laws must live with the parent(s) abroad for two years before applying for admission to the U.S. for the child.
I wonder why this child was given a tourist visa in Peru by the U.S. Embassy or Consulate to come to the U.S. with her parents.
Adding that international adoption from Peru to the U.S. is very rare. See statistics and requirements on this page:
https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Peru.html
Probably they did what they could figuring once they were in the US they could figure it out just like most people who cross the border with a vague plan or as someone said they got bad advice in Peru. Sounds like they will learn more once they receive the letter. But given the fathers dual citizenship it feels like they will straighten it out in time whether or not they all need to go back to Peru to do so.
I agree that the father’s dual citizenship is what allowed them to legally adopt in Peru. It appears that that issue causes a different path to immigration because it is a legal adoption in Peru versus a US/Peru authorized agency. Still, the father is holds dual citizenship, there has to be a legal pathway for the child. The father and daughter may have to return to Peru before the travel visa expires and reapply.
sorry, but the dad works for the Feds. If anyone should know that dealing with the feds is difficult, it should be an employee. But, more importunately, I found the following in ~4 clicks:
[quote]
WARNING: Peru is party to the Hague Adoption Convention. Do not adopt or obtain legal custody of a child in Peru before U.S. consular officer issues an “Article 5/17 Letter” in the case. Read on for more information./quote
They have the wrong type of visa to become an automatic citizen under the Child Citizenship Act, which is NOT an act to regulate the adoption.
This child wasn’t an orphan. She had a living parent, and the parental rights probably weren’t terminated in a way that met the requirements of the US to allow a legal adoption. We don’t even know if the adoption was legal in Peru. If it were, the child should have entered the US on an IR-3 visa, not a tourist visa.
It’s pretty hard to clear up a problem once you are in the US. If the child overstays her visa, it will be REALLY hard to fix it. Doesn’t matter if she’s 4 or 44, once you overstay a visa, you’ve got trouble.
It seems like the issue is the orphanage approached them to adopt, but didn’t get US approval first, so they didn’t do everything in the proper order. One would think the 18 months extra they waited to return to the US would be enough to correct any deficiencies - except there may not be a designated way to do so, just as Dreamers don’t have an official path to citizenship. The father being Peruvian may have played a role in the adoption being approved, but it’s unclear if the Peruvian authorities expected them to remain in Peru, or if it was clear they would want to return to the US later with the child. It’s a mess, but there should be some sort of provisional visa available for a child in this type of situation. Obviously it’s rare, but not unique.
Yes, in my post, I stated that it did not appear to be the case that the correct paperwork was done. However, the dad is also a Peruvian citizen and the article states that the adoption was approved by a Peruvian court. So, as a Peruvian citizen with dual citizenship who has an adopted child, would they have had to follow the procedures listed under “foreign” adoption? It is an interesting legal case.
I wonder of convention rules will be followed when the government puts the children who were separated at the border up for adoption. Their home countries need to approve the adoptions, and certify that the parents gave up their rights without the expectation of being reunited.
As I read it, the facts are these:
The two parents are American citizens. The father is also a citizen of Peru. As a Peruvian citizen living in Peru, the father (and his foreign wife) legally adopted a newborn Peruvian girl, and this adoption was legally finalized in Peru. Then the two American citizens returned to the US with their daughter.
These are two Americans with a four year old daughter. Even if there is some jot or tittle of paperwork they neglected to fill out, why would the American government consider for one second deporting the little child of two Americans? This is crazy. This is just insanity. The right response is, “I’m sorry about this mess. We’ll straighten it out,” not “That kid’s visa is running out. Get that dirty foreigner out of our country.”
This is not the fact pattern of child trafficking. This is the fact pattern of two parents and their little girl.
This is a two-government adoption in accordance with international agreement (signed by Clinton?). Before dissing the US side, do we have any facts that the Government of Peru ensured that this adoption was “Hague certified”?
I’m not clear why this would count as an “intercountry adoption” or an “adoption between Peru and the United States.” The father is Peruvian.