Archives for February 2022

USCIS Makes It Easier to Transmit Citizenship to Children Born Abroad

What You Need to Know About the New USCIS Rules

There are roughly 9 million U.S. citizens currently living abroad. Typically, they are able to transfer their citizenship to any children they have, but things get a little more complicated when reproductive assistance is involved. Fortunately, a recent update from USCIS makes it much easier for parents to give their child U.S. citizenship.

USCIS Announces Changes to Citizenship Rules for Children Born Abroad

U.S. Citizenship and Immigration Services (USCIS) is typically responsible for handling citizenship matters for children born in other countries. Previously, their rules allowed biological children of U.S. citizens or step-children of U.S. citizens to gain citizenship. However, the rules were a little vague, so it left some children in a legal gray area.

 

A few months ago, USCIS updated its rules to clarify that children born of assisted reproductive technology (ART) can also apply for citizenship. As long as the U.S. citizen is married to the child’s genetic or gestational parent, they can transfer citizenship to that child. This allows families to give their child citizenship even if the child was conceived through sperm donors, surrogate pregnancies, or other ART means.

What the New Rules Will Mean for International Families

This new rule will simplify the citizenship application process for international families. Before the update, parents of children conceived with ART could usually only get their child citizenship if they formally adopted the child. This added extra paperwork and visits with New Jersey adoption lawyers when parents were trying to visit the United States or ensure their child has all the rights of a U.S. citizen. Many struggled because their country of residency counted them as a legal parent, but the U.S. saw them as neither a step-parent, adoptive parent, or biological parent.

 

With this new rule, non-traditional parents will have the same rights as other biological parents. For example, if a woman used donor sperm because her husband was sterile, the husband could still transfer his American citizenship to his child. The new rule just requires that the U.S. citizen be married to the person who carried the child or contributed genetic material to the child. As long as they meet this requirement, they can apply for naturalization and transmit their citizenship to their child.

How to Confirm Your Child’s Citizenship

If your family was created through ART, now is a great time to start formalizing their citizenship. If you’re abroad, try to visit the nearest U.S. embassy or consulate as soon as possible to file a Consular Report of Birth Abroad. This doesn’t start the official immigration process, but it makes the rest of the process easier.

 

When your child is born abroad and lives abroad, they don’t automatically get to come and go from the United States as they please. Instead, you will still need to undergo a brief version of the immigration process. This doesn’t require extensive documentation, tests, or waiting periods. Instead, it’s just a simple formality to legally recognize that your child is a U.S. citizen.

You’ll need to submit some documentation to show that your child is eligible for naturalization. Here are some of the things you will need to do:

  • Show that the child is your legal child in your current jurisdiction.
  • Provide the child’s birth certificate or other proof of identification.
  • Confirm you are married to the child’s genetic or gestational parent.
  • Give evidence of your own U.S. citizenship.
  • Show that at least one parent has proof of residency or continual presence in the U.S.

If you think the new USCIS rules will affect your family, consult with a New Jersey adoption lawyer. Cofsky & Zeidman is happy to examine your situation and help you figure out how to get your child citizenship. We have offices in Haddonfield and Woodbury, and our team assists with a variety of adoptions and assisted reproduction situations. Schedule a free consultation by calling 856-429-5005 or filling out our contact form.

Tips to Help Your Adopted Child Connect With His or Her Ethnic Culture

How to Honor Your Adopted Child’s Ethnic Culture

Eighty-four percent of international adoptions and 28% of domestic adoptions involve children joining families of another race or ethnic group. In any cross-cultural adoption, it’s important to find ways to honor a child’s heritage. These tips can help your child stay connected to his or her past and avoid a traumatic loss of identity.

Stay Educated on Cultural Topics

As soon as you start considering transracial adoption, you also need to start doing your research. As an adoptive parent, it’s your duty to learn about your child’s culture. Read books about the area, learn about its history online and try to meet people with a similar background. Strive to learn about the child’s holidays, foods, clothing, language, traditions and cultural attitudes. If possible, ask the child, or his or her biological family, about his or her culture.

Even though you can never know what it’s like to grow up in that culture, you can still obtain valuable information that can help your child later. As your child grows up, he or she will most likely have questions about his or her culture. Being educated ensures that your child can trust you to give him or her the right answers.

Encourage the Whole Family to Participate

If your adopted child is taking Chinese lessons while his or her other siblings are at soccer, he or she can end up feeling isolated. To keep your child from feeling singled out, try to get the whole family to participate. Doing things like making time to celebrate holidays, adding traditional foods to everyday dinners or watching foreign television shows can help your child feel a sense of pride and security in his or her heritage.

Try to include cultural traditions in day-to-day life instead of making them into occasional events. Incorporating these customs into your life can be very enriching for you as well. Embracing more traditions in your family can add variety and educational opportunities to your daily life.

Provide Opportunities to Socialize With People From Similar Backgrounds

All the fun celebrations with family at home cannot entirely make up for the sense of community your child may have lost. Making sure he or she can take part in activities with people who look like him or her and have similar memories can help your child feel more connected.

Try to look for cultural festivals, after-school programs or community events in your area. You may want to see if you can arrange playdates with children of a similar background as well. If your New Jersey adoption attorney helped you arrange an open adoption, it can be helpful to schedule meetings with the child’s biological parents or relatives. Having more representation of his or her culture helps your child stay connected to his or her heritage.

Don’t Put Too Much Pressure on Cultural Experiences

Though many cross-cultural adoptees report feeling like their parents prevented them from connecting with their culture, there are also plenty of other people who report resentment at being forced to take part in cultural activities. Especially if a child was adopted young or removed from a traumatic situation, he or she may not want to spend a lot of time thinking about his or her cultural heritage.

Celebrating an unusual holiday or eating exotic food can make a child feel further isolated or differentiated. If your child expresses these feelings, it’s important to acknowledge and accept them. Always allow your child’s unique preferences guide interactions, and let him or her know you are willing to help him or her connect with his or her culture if a different decision is made later.

For more ways to help the adoption process go smoothly, turn to Cofsky & Zeidman. Our New Jersey adoption attorney team is here to assist you with things like creating an open adoption agreement or filling out the right documents for an international adoption. We’ve helped families throughout the Haddonfield and Woodbury areas through the process of adoption. Learn more about our services by calling (856) 429-5005 or filling out our contact form.

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