Legal Question in Immigration Law in Michigan
Refugee being adopted
We are in the process of adopting a 16 year old Vietnamese Refugee. We have applied for his green card but do not have it yet. We have applied for travel documents but do not have them yet either. When we adopt him, will he automatically become a U.S. citizen when he gets the new birth certificate? Will he be able to get a U.S. passport at that time also? We would like to travel to other countries for vacations what does he need before the adoption and after the adoption to travel? We were told he just needed travel documents to leave and enter the country before the adoption, is this true? Is there anything else we need to get him for travel or adoption purposes? Can we apply for a U.S. passport or other documents before the adoption is final? The adoption is on hold until we get these items figured out. It seems that if the adoption was finalized all this would automatically fall into place. Is it better to finalize the adoption first or do the INS paperwork first? Can they be done at the same time?
1 Answer from Attorneys
refugee being adopted
The first thing I would suggest to you is that you hire an immigration lawyer immediately where you live. When you say you are adopting a 16 year refugee bells, go off go off because age 16 is the cutoff age for an adopted child being able to get immigration benefits.When you say that you have applied for his green card, you would need to clarify what you mean. Where is the child, in Viet Nam or in the US? When you say that the adoption is on hold, that is inconsitent with the rest of your statment.
I can't advise you about a travel document because I don't know where this child is.
All I can answer is that citizenship is not automatic. It must be applied for after the child has received his greencard, assuming he is eligible.
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