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Showing posts with label Arizona Immigration. Show all posts
Showing posts with label Arizona Immigration. Show all posts

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]

Tuesday, April 5, 2011

Illegal aliens? Deported adoptees?

Some stories keep me up at night. Some stories shake me to my very core. Last night I learned more about Navajo adoptee Leland Morrill who is one of 10 Native American children adopted by one Mormon family.
How does this happen? 10 kids? Did adopting this many children offer some form of financial gain? Or was there a religious conversion planned? His adoptive father worked for the Church of Latter-Day Saints education systems and retired recently after 40 years.  Lee's sister Virginia (also Navajo) was fostered two years then adopted with Leland. The day after their adoption was finalized, the family moved to Ontario, where they proceeded to adopt Shaun who is a mixed blood and seven who are Ojibwe Canadians: Sheila, Debbie, Cindy, Robert, Sharon, Keith and Adam who are all siblings.
Lee had the misfortune of losing his wallet which led to his discovery that his adoptive parents did not have the legal paperwork or proof of his citizenship in his Navajo tribal nation.
He said on his blog, "So, in January 2010, I visited the DMV. I filled out the application to replace my drivers license only and went up to use my Navajo Nation Final Judgement of Adoption and Social Security card as proof to get the replacement and was denied. New procedures had taken place on January 1, 2010 under the Real ID Act of 2005. I now was required to produce a state-issued birth certificate. I had none, as the Tribal Court of the Navajo Tribe Judicial District of Chinle Arizona had adopted me without any other documentation ...my only documentation: Final Judgment of Adoption. IT WAS THEN I REALIZED I AM AN ILLEGAL ALIEN."
I am sure this story will unravel in Leland's favor, as to his citizenship. He has been in contact with his Kirk relatives regularly on the Navajo reservation and I will post my interview with Leland very soon.

More news: Here is a story about an adoptee from India who may be deported....
...an example of international adoption meets immigration... Schultz is facing possible deportation to India due to his adoptive parent’s not getting him citizenship. His adoptive mother is white, and his case is quite unique in that he is Mormon, speaks only English and know nothing about his country, India or his culture.  Read his story here: http://kadnexus.wordpress.com/2007/03/29/indian-american-transracial-adoptee-faces-deportation-for-criminal-record/

Can it happen... will adoptees can be targeted for deportation when their adopters do not finalize their US citizenship? Only time will tell.




Wednesday, June 2, 2010

Intercountry Adoptees: Heard any Arizona Travel warnings?

"Protesters held signs at a rally at the Arizona Capitol prior to Arizona Gov. Jan Brewer signing a tough immigration bill – S.B. 1070 – into law on April 23, in Phoenix. The sweeping measure would make it a crime under state law to be in the country illegally, and would require local law enforcement to question people about their immigration status if there is reason to suspect they are in the country illegally." (AP Photo/Ross D. Franklin)

My adoptive family had lots of immigrants. My one grandma actually remembered when her Belgian ship entered the New York harbor; the very young Romaine didn’t speak English so the immigration officers wrote her name down as Rose. That always bothered her.


If Arizona’s new immigration bill [H.B. 1070] plans to stop people who don’t look American, we ought to post travel warnings for intercountry adoptees headed to Arizona. These adoptees will need something more than their fake birth certificate. You read that right. Adoptees are always given falsified birth certificates. Adoptees are told they are real when really, they are not. This obviously bothers me.

Why? One in 6 adopted children is a different race than their adopters. The “Rainbow Family” from anywhere, including Massachusetts, could now get nabbed at the Grand Canyon. Arizona’s “Identity Cops” could pull over any decidedly-white couple to ask: “Where did you get those brown kids in the backseat?”

It’ll be tough for Arizona cops to determine who is really American with 200,000 adoptees foreign-born in 2002. Sure enough, Americans adopted 47,555 kids from Korea; 21,053 kids from China; 19,631 kids from Russia; 18,000 kids from Mexico; and 7,793 kids from India.

These days 95% of all intercountry adoptions are done by Americans. “Intercountry” simply means adoptees are not American-born. The 2002 adoptee list also includes: Guatemala, 2,219; Vietnam, 766; Colombia, 334; Cambodia, 254; Philippines, 221; Haiti, 197; Thailand, 67; and Peru, 65. [Even more numbers were reported in National Review Online, by William L. Pierce, Oct. 24, 2002.]

Will adoptive parents have to prove their kids are legal? Yes. If intercountry adoptees are caught without “believable” legal papers, they could be sent back to their country of origin when Arizona catches them. It’s not like these 8-year-olds had any choice where they were adopted. They didn’t even know they were immigrating to America when they were babies. New federal laws gives these kids full American citizenship but they still have fake birth certificates.

Could an adult adoptee get deported because of a fake birth certificate? Yes. It’s already happened. One adult adoptee in Illinois found out her adopters forgot to apply for her to be an American citizen. This adoptee is fighting extradition right now.

Thankfully I was born in Minnesota but my birth certificate is still an obvious fake. That alone could send up red flags.

I hear there are lots of snowbirds in Arizona. My godparents Pete and Colleen are snowbirds who winter in Scottsdale but summer at their Wisconsin cabin. Retirees who bounce state to state are obviously not the targets of this new immigration law, unless they are brown snowbirds.

So who are these brilliant lawmakers in Arizona? Was Senator John McCain born in Arizona? There’s bound to be a few intercountry adoptees in Arizona. That’s right - John McCain adopted a dark-skinned daughter from some impoverished place. So when did John’s immigrant parents settle in American or Arizona? Which tribe did his forebears displace so he could become a landowner then a politician? Do the people of Arizona even know their own history?

My friend Sara is Dine (Navajo) and she lives on her reservation (rez) with her husband John, a Narragansett from Rhode Island. They often go “off rez” for dinner in Flagstaff. Could they get stopped? Sure. Indians say it happens all the time. “DWI really means Driving While Indian.”

So who really is American?

“White settlers, from the time of their arrival, removed Indians from historic territories,” Daniel C. Maguire writes in AMERICAN INDIANS AS A DISEMPOWERED GROUP. “Indians were an obstacle to Manifest Destiny, so the official policy became removal. The Indian Removal Act of 1830 authorized the President to negotiate “treaties,” and when Indians refused to negotiate, the army effected their removal.”

“Manifest Destiny could not be stopped by a river, even lands in the West were engulfed,” Maguire writes. “By 1887, the entire Indian land base west of the Mississippi shrunk to under 140 million acres. By 1934, their land shrunk to 48 million acres, and almost half was unusable.”

Maguire contends, “The Indian problem was different from that of any other group because of the strong Indian desire to keep separate from white society, to hold onto their land base, and maintain self-rule.”

So Arizona is ready to deport Arizona immigrants? This should be called the Brown-Skin Removal Act. Weren’t the settlers who invaded Arizona and forced Indians onto reservations really the immigrants?

If Arizona Identity Cops target skin color, will Indians have to show a tribal identification card? It should be the other way around – the Navajo, Pima, Apache and Hopi in Arizona should require every non-Indian to show their family tree and know exactly when their grandparents immigrated to America – then Arizona – and be able to say when they made a land claim – then prove it wasn’t stolen land.

It’s time for the Navajo, Pima, Apache, and Hopi to decide who stays AND who leaves Arizona.


[Photo source: //newspaperrock.bluecorncomics.com/2010/05/natives-protest-arizona-immigration-law.html]

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Veronica, we adult adoptees are thinking of you today and every day. We will be here when you need us. Your journey in the adopted life has begun, nothing can revoke that now, the damage cannot be undone. Be courageous, you have what no adoptee before you has had; a strong group of adult adoptees who know your story, who are behind you and will always be so.

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As the single largest unregulated industry in the United States, adoption is viewed as a benevolent action that results in the formation of “forever families.”
The truth is that it is a very lucrative business with a known sales pitch. With profits last estimated at over $1.44 billion dollars a year, mothers who consider adoption for their babies need to be very aware that all of this promotion clouds the facts and only though independent research can they get an accurate account of what life might be like for both them and their child after signing the adoption paperwork.

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