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Lost Children Book Series

Wednesday, April 13, 2011

Adopted overseas as children, they're not U.S. citizens at all

By Melanie Payne (mpayne@news-press.com) August 15, 2010

Alexis Stevens liked to describe herself as a model citizen. She was adopted from England by a U.S. military family who moved her to Texas. She raised a family, put herself through college and became a school teacher.

Four years ago, Stevens and her husband, Wayne, decided to celebrate their wedding anniversary and Stevens' completion of her master's degree by going on a trip to Europe.

"I've always wanted to see where I was born," Stevens said.

The couple submitted passport applications and made a deposit on the trip. A few weeks later, Wayne's passport arrived in the mail.

His wife's did not. Turns out the model citizen was not a citizen at all.

Stevens' parents never went through the process to allow Stevens to become a U.S. citizen. The mistake her parents made by not applying for naturalization of their adopted children almost 50 years ago has sent Steven's life reeling, leaving her uncertain of her identity and her future.

Stevens has heard horror stories of adoptees returned to their birth country because they'd broken the law. She wonders if that applies to her because she voted in every election since she turned 18 and signed documents to get jobs and college aid stating she was an American citizen.

"It's a scary feeling," Stevens said in the kitchen of her Estero home. "Am I going to end up deported?"

'Who am I?'

Stevens' adoptive father was in the Army, stationed in England, when he and his wife adopted the 2-year-old Stevens and her younger sister.

When Stevens was 3 the family moved to Texas, where a court made the adoption official in the U.S. and issued Stevens a Texas birth certificate.

Stevens obtained a Social Security card, a driver's license and voter registration card. Her citizenship never was questioned and she assumed she became an American when Americans adopted her.

Now 52, Stevens breaks into tears when she talks about not being a U.S. citizen.

"I guess what makes it hard is it brings up the feeling of, 'Who am I?'" she says.

Costly mistake

After realizing the State Department had not simply made an error in not issuing her passport, Stevens went for an interview with the immigration service in Tampa. She was given the wrong form to submit for citizenship. The application was rejected and she lost the $420 fee.

That's when she hired an immigration attorney, spent thousands of dollars and had her legal residency card reissued. The attorney told her he needs $4,500 if she wants him to represent her before an immigration court judge.

"You have many hundreds if not thousands of children who were adopted and are here legally, but are not U.S. citizens and therefore not afforded all the protections of U.S. citizenship," said Chuck Johnson, president and CEO of the National Council For Adoption, an advocacy organization.

More than half of the children adopted overseas by American parents become U.S. citizens when they enter the country thanks to the Child Citizenship Act of 2000. But the law doesn't apply to anyone who was 18 or older on Feb. 27 , 2001.

"We've been in conversations with the U.S. Citizenship and Immigration Services and the Department of State and they know this is an ongoing problem," Johnson said. "But no one has offered a fix."

After adopting three siblings from eastern Europe, McLane Layton was surprised to find out the children aren't citizens.

"They're supposed to be treated like I had given birth to them," she said.

Layton worked as legislative counsel to then-U.S. Sen. Don Nickles of Oklahoma, and wrote the Child Citizenship Act before founding Equality for Adopted Children.

Layton's group advocates for adopted children to have the same rights as any child of American parents. The group has been unsuccessful in getting legislation passed to cover older adoptees who did not obtain citizenship.

"It's no fault of their own. It's neglect and ignorance on the part of the parents," Layton said. "The adoptee should not be punished in such a serious way because of the failure of their parents."

Stevens never will know why her parents failed to apply for her citizenship. Her adoptive father died when she was 6. Her adoptive mother died when she was 16. Her sister died at 19.

'Puts your life in limbo'

Anita Cotter is going it alone with the Citizenship and Immigration Services.

Cotter was a toddler when she immigrated with her American military parents into Texas. She, too, thought her Texas birth certificate was proof of her citizenship.

Cotter, who will be 53 next week, found her German birth mother living in Kansas. About 2 1/2 years ago she moved to be closer to her mother and the immigration problems began.

To get a driver's license in Kansas, Cotter needed to prove her citizenship. But her adoptive parents, like Steven's parents, had never applied for her naturalization.

"I was astounded," Cotter said. "I didn't know what to say. I've lived here all my life as a citizen and to get slapped with this at 50 years old was a total and complete shock."

The couple who adopted Cotter in Germany and brought her to the U.S. are dead. And Cotter is having a difficult time getting the adoption records she needs to apply for citizenship.

The whole process "puts your life in limbo," Cotter said. "I'd be real interested in knowing how many of us there are out there."

No guidance

Most American parents complete the requirements for their foreign-born adopted children to become naturalized U.S. citizens.

Grace Willoughby was born in Germany and adopted by an American military family. She lives in California and has a vivid recollection of the naturalization ceremony in Baltimore when she was about 7.

"I stood up, put my hand up and swore I would be a good citizen of the United States," Willoughby said. "I remember that."

Jeanne Dunham of California also recalls a swearing-in ceremony when she was 11 or 12.

Her parents adopted her and the boy who became her brother from German children's homes in the 1950s. The couple were provided with step-by-step instructions written in German, which she still has, Dunham said. One of the steps was to apply for the adopted child's U.S. citizenship.

Kathleen Moakler, government relations director for the National Military Family Association, doubts people received much guidance from the military about how to proceed with an adoption and naturalization of a foreign-born child.

"Everything was so much looser then," Moakler said.

Moakler, a U.S. citizen, gave birth to her son while overseas in 1975. She registered him as a U.S. citizen only because she had "read a blurb" on the topic in a magazine she picked up at the commissary.

"I just wanted to make sure his ducks were in a row so when he ran for president no one would challenge him," she said. "If I had not seen that article, I wouldn't have done it."

Patriotic feelings

U.S. Citizenship and Immigration Services spokeswoman Chris Rhatigan said last year 28 adopted children of military parents were naturalized in ceremonies overseas. Rhatigan said the State Department's website clearly explains to parents about naturalization and the perils of not getting citizenship for an adopted foreign-born child.

What was told or not told to people who adopted 40 or 50 years ago, isn't known. But people who immigrated legally, as did Cotter and Stevens, can apply for citizenship now if they want, Rhatigan said. They will have to meet all the requirements such as passing the citizenship test. Once the application is made, processing time can be as short as five months. But in some cases it takes years, because of residency and other requirements.

Cotter and Stevens intend to get their U.S. citizenship.

"Before all this, I was the most patriotic person you would know," Stevens said.

"I love this country. I have no intention of moving," Cotter said.

But, she added, "It's like a slap in the face. I'm an American and they don't consider me one."

[from my research...Trace]

12 comments:

  1. I am having the same issue, right now. I was born in Germany, adopted by army in the 60's. Lived in the United State 48 yrs. Never have been questioned about by citizenship, never had a problem. I got married in 78, got a student loan in 91. Currently, I lost my Social Security card went in to get a replacement. They won't issue me one, I have to prove my citizenship.
    I am on record that I have been naturalized, I just don't have the certificate. I am unemployed, can't get assistance, and I can't afford the 380.00 for the certificate. Somehow we fell through a crack, and we are stuck with a lot of red tape. I am in the process of getting a lawyer. This is just wrong, I pledged allegiance to the United States of American in 1964. This is my home, it's a pit crazy now, but it's home.

    ReplyDelete
  2. Keep in touch and let us know how this works out for you. Leland, a Navajo adoptee, did speak to government officals about adoptees who cannot produce original birth certificates and so far, we are out of luck as adoptees.

    ReplyDelete
  3. What if a person was adopted as a child in Germany, brought to the US, and the person has no idea what his/her status is? In other words he/she doesn't even know if they have a green card, let alone citizenship. Is there a way to have your status checked with Immigration?

    ReplyDelete
  4. Hi Anonymous:
    First, have the adoptee ask the adoptive parents for their paperwork. If they were military, they probably used the state department to certify and issue the adoptee's new citizenship. There has to be papers on the adoption. If not, an immigration attorney will be needed - I am not an expert but there has to be papers somewhere. I would not contact immigration first - see what paperwork was filed in the adoption.
    Trace

    ReplyDelete
  5. Hi Anonymous:
    First, have the adoptee ask the adoptive parents for their paperwork. If they were military, they probably used the state department to certify and issue the adoptee's new citizenship. There has to be papers on the adoption. If not, an immigration attorney will be needed - I am not an expert but there has to be papers somewhere. I would not contact immigration first - see what paperwork was filed in the adoption.
    Trace

    ReplyDelete
  6. It seems that the legislation or "fix" to this issue wouldn't be difficult to implement. Does anyone know of any pending legislation or action to rectify this issue. From my understanding the FACE Act (Foreign Adopted Children's Equality) has expired in congress.

    ReplyDelete
  7. My mother was adopted in France by a military family and now they are telling her she is not a citizen of the US she is 53! She has been here since she was 4 mths. old. She is very scared that she my be deported. Her mother and Father are both deceased. She is not sure who to turn to...any ideas or help for her?

    ReplyDelete
  8. Anonymous - your mother needs to contact her local Senator or state rep immediately and have them look into it - she may also need a lawyer. Print this out and take it with you to meet the Senator or state representative. It could take months to clear up. If her parents had a lawyer for her adoption, whatever state that was when they moved back to the USA, she might contact them, too. She needs adoption paperwork and it has to exist!

    ReplyDelete
  9. I am sort of in the same position. I am from South Korea and was adopted in 1974 to 2 american citizen. I have natrualization paper work, but what does that mean. I found out at the age of 31 years old that I was not a citizen in Nevada when I moved from the east coast to Nevada and forgot an important document and had to get another one. I got treated like a foreigner and I have been in the United States since I was 3 months old. They treated me like I had a heavy asian acent and that I did not understand what they were telling me. I have a degree and I was affended. I found out that I need to renew my permanent resident card evey 15 years which cost money I think. It is still cheaper than becoming a citizen of the United States. I think that is wrong.
    G in Phoenix, AZ

    ReplyDelete
    Replies
    1. William, this is a real concern. As I told Anonymous, write your Senator or Congressman right away. This is a peril you didn't expect or deserve and it needs to be corrected legally on paper. I am so sorry this happened to you.

      Delete
  10. There is the Adoptee Citizenship Act that is trying to close the loophole that was created when the Child Citizenship Act of 200 was passed. We are all working on this.

    ReplyDelete
    Replies
    1. Mae Lynn, please keep in touch as to the status. So appreciate your comment. (larahentz@yahoo.com)

      Delete

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