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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95943
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My wife and I adopted a baby in 1992 fro the Dominican Republic.

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My wife and I adopted a baby in 1992 fro the Dominican Republic. We went down to the DR had our son with us through the whole process and a final adoption decree. When we came home we were issued an IR4 instead of an IR3. Connecticut only does readoption if the parents were not present for the foreign adoption. We applied fir a US passport and found out about the IR4 issue. We sent a letter from our Probate Judge and a copy of state statute that said no readoption was required and that the foreign adoption was final and accepted by CT. We also sent a copy of a court order that allowed us to get him regested at State Vital Statistics of a Foreign Birth that lists my wife and me as his parents. They refuse to issue the passport until we readopt. (He is now 21, adopted at 5 weeks). We can't readopt in Ct. Now what?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


Are they at least acknowledging that he is a Lawful Permanent Resident? In other words, does he have a green card or an I-551 stamp in his passport?
Customer: replied 1 year ago.
Yes but his IR4 expired in 2002. We didn't renew because of the Child Citizenship act of 2000. They said get an IR3. How? He is a citizen. The IR4 was a mistake.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I don't think they are thinking it is a mistake. Could it be that they are thinking that the adoption was not completed to USCIS or INS requirements at the time and that's why he was given IR4 and not IR3?
Customer: replied 1 year ago.
Could be. But what now? CT Probate Court sent letter to them saying no readoption required. WE were there! How do we change an IR4 to a 3 when it expired 11 years ago and he is a citizen according to the law.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sorry about the delay in getting back to you. I had stepped out for dinner. Let's start with what happened back then. While it is a little difficult for me to conduct extensive legal research, that's not what this site is about, I will try to help you as much as I can. The difficult part is determining what laws were in place at the time that the adoption took place. Assuming that the laws have not changed in regards XXXXX XXXXX let's take a look at that the requirements are currently. Take a look at this link below and review all the requirements to adopt someone and be able to bring them to the U.S.:

http://adoption.state.gov/country_information/country_specific_info.php?country-select=dominican_republic

I think you would want to focus on where it says “How To Adopt” and let me know how that compares to what you did.

Customer: replied 1 year ago.
That is EXACTLY what we did. Got there Nov 3, adoption final on November 9, birthcertificate from DR shows the name we gave him and us as his parents, medical screen, consulate interview and on 17 Nov we got his passport. Left the next day. We did all the home study and forms to get to the adoption placement before with a CT adoption agency.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's actually encouraging that you did everything as it was supposed to be done to complete the adoption outside of the U.S. What did you file recently that was denied? An N-600?
Customer: replied 1 year ago.
Adoption was full and final before we left. Conn statute 45a-730 only requires readoption if we weren't present for adoption. We had this fact sent ti the passport office via a letter from our Probate Judge.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok, but what did you file and with whom? And why was it rejected? Because of Connecticut law?
Customer: replied 1 year ago.
We filed for a YS Passport. Sent in our birth certificates, final adoption paperwork, his DR passport, visa (IR4) that expired in 2002, mareiage certificate, and followed up with letter from Probate saying no readoption required. Also sent court decree that ordered his foreign birth with my wife and I as parents be filed at Statw Vital statistics.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok, but what did you file to get the U.S. Passport with? Whom did you file with? The Department of State, I assume?
Customer: replied 1 year ago.
Yes. State Department, Boston Area office. Passport application was for 1st time/ adopted type people. Don't have the form number but they are not questioning that. Since it was an IR 4 they requested a readoption or a letter from Probate or lawyer that adoption was recognized as final by CT. Which we did.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok, this is sounding good. You have a number of options. First, skip the Department of State all together. Those that do not have a U.S. Birth Certificate, U.S. Naturalization Certificate or Certificate of U.S. Citizenship should no longer apply directly for a U.S. Passport. More often than not, they will say no and should direct you to USCIS which I guess in this case they did not do. As far as your options, let’s break them down:

1) File an N-600 or N-600K with USCIS and show them all the evidence that he was adopted correctly, admitted into the U.S. legally and by operation of law became a U.S. Citizen at that time. Here is a link to the forms where you should read the instructions in each to determine which you should file:

http://www.uscis.gov/n-600

http://www.uscis.gov/n-600k

This is probably your best option because it should end up getting him a Certificate of U.S. Citizenship and then with that he can apply for a U.S. Passport as the final determiner of who is a U.S. Citizen is the DHS, not DOS.

2) You can contact one of your U.S. Congressmen and get them involved to push the DOS to look into the facts and issue a U.S. Passport. I think this is not a good option as the U.S. Congressman will probably direct you to do option #1. If you still want to try or if you need their help with option #1, you can contact them at http://www.usa.gov/Contact/Elected.shtml. Remember that you have three Congressmen, so if one does not work out for you, you have two more.

3) And then the most expensive option would be to sue the U.S. government to rectify the problem with the IR4 to IR3. I don’t really recommend this at all because it is very expensive and no guarantee to win.

So honestly, I would try for option #1 and that should work. It wouldn’t be a bad idea to use an attorney either. You can look for one at www.ailalawyer.com.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95943
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
95943 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.