LAWRENCE, KS (KSHB/CNN) – Even though a student from Korea was legally adopted by her aunt and uncle, she may be deported after she graduates college because she can’t obtain citizenship.
"It tears me apart, the idea that our family would be separated," said U.S. Army veteran Patrick Schreiber.
The Schreiber family knows separation is possible because of a unique immigration dilemma, but they are fighting to prevent it.
Hyebin Schreiber, a college student studying to become a chemical engineer, is the biological niece of the Schreibers. She came to the United States on a student visa when she was 15 because of a bad situation with her family in Korea.
That’s when the Schreibers decided to legally adopt her, but they put it on hold for a year because Patrick Schreiber was deployed to Afghanistan.
"It wasn't until we applied for her citizenship, or a path to citizenship, is when we found out from USCIS immigration that because we failed to adopt her prior to age 16, she would not be granted citizenship," Patrick Schreiber said.
It’s a caveat of the immigration system the family was shocked to discover, considering Hyebin has a Kansas birth certificate.
But Hyebin’s birth certificate falls under a provision in Kansas law that stipulates a certificate given to a person adopted from a foreign country does not indicate U.S. citizenship.
Hyebin says she has the thought of being sent back to Korea hanging over her head. Because of the situation, she might have to return to Korea after she graduates college.
"Right now, I don't know what's going to be happening, so I'm trying to find job both in Korea and the United States," Hyebin Schreiber said.
Sharon Rummery, a public affairs representative for U.S. Citizenship and Immigration Services, says people should always consult an immigration lawyer for international adoption cases.
"I thought, ‘Well, if Kansas recognizes it, then immigration would recognize it.’ And it never dawned on me that there were two different standards," Patrick Schreiber said.
Patrick Schreiber says his biggest regret is not filing those adoption papers immediately.
"In my 27 years in the Army, we're taught selfless service, but that's probably one time I should have put my family ahead of the Army," he said.
The Schreibers filed a civil suit challenging USCIS’s decision and are awaiting a judge’s decision.
Sen. Roy Blunt, R-MO, and several others have introduced a bipartisan bill that would help people like Hyebin. If the bill passes, the cutoff age would be 18, instead of 16.
Copyright 2018 KSHB, Schreiber Family, Facebook, Roy Blunt via CNN. All rights reserved.
