Born in the Philippines, adopted by US citizens. How do I claim US citizenship?

[chelleday]

I was born in the Philippines in 1984 and adopted by US Citizens in 1985. At the age of 2, I immigrated to the US with my adopted mother and have been here ever since. Because my parents were US citizens (they are now both deceased), I was under the impression that I acquired citizenship through them via the Child Citizen Act of 2000. However, I recently applied for a US passport and the Passport agency has requested documentation of a green card, but I have never physically had one.

The USCIS has no record of a Visa or Green Card on file for me. Additionally, I no longer have my Philippine passport with the entry stamp. Because of the lack of a Green Card or original passport, it appears that I may not be able to claim citizenship through my adopted parents, even though I have all other paperwork: final adoption decree, amended birth record, SSN, valid state issued drivers license. I have voted in two primary elections, pay federal and state taxes, and graduated from a CSU with honors. It's crazy that my citizenship is now being questioned. I may have never known about my status if I hadn't applied for a passport.

My question now is where do I start in order to become documented? Do I have to get a green card first, then get naturalized? After doing research, it seems like the wait to get a Green Card for people originally born in the Philippines can be up to 22 years! Isn't there any other way around this fiasco because of my adoption? Please help!

 

[Jackolantern]

Wow. After all the paperwork they went through to adopt you and bring you to the US, they couldn't just take the next step and apply for your US passport or citizenship certificate?!!

Do you at least know the passport number that was used when you originally entered the US? Or the entry date and place? This might be found in the old passports your parents used when they brought you into the US. With that information, you may be able to obtain your exit/entry records from Customs via a FOIA request (see https://help.cbp.gov/app/answers/de...-travel-in-and-out-of-the-united-states,-foia), and hopefully that would have more information about your initial entry.

The problem here is that you don't know if you're actually not a US citizen, or if you're a US citizen but simply lack the evidence to prove it. It's possible that your parents simply hopped on a plane with you in their arms, without the right immigration paperwork to make you a permanent resident, and you were allowed to enter due to the lax procedures that were in place back in the 1980s. Maybe the immigration officer saw two US citizens with a baby (you), assumed you're a citizen too, and let you through without checking your documents. If that happened, you never derived US citizenship through your parents, because you never were admitted as a permanent resident. Hopefully the Customs records will clarify the status in which you entered in 1985.

 

[newacct]

You better get this sorted out, because if it turns out that you are not a citizen, and you falsely claimed to be a citizen (when voting in elections, etc.), it could mean you will not be able to get any legal status for life.

 

[Jackolantern]

You better get this sorted out, because if it turns out that you are not a citizen, and you falsely claimed to be a citizen (when voting in elections, etc.), it could mean you will not be able to get any legal status for life.

Fortunately, there is an exception in the law that may protect the OP.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5672.html

(ii) EXCEPTION- In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.