Legally adopted student could still face deportation due to loophole

LAWRENCE, Kansas -- A legally adopted student in Kansas could still be deported due to an immigration loophole.

U.S. Army veteran Patrick Schreiber told KSHB-TV that the family adopted their daughter, Hyebin, when she was 16 years old.

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Hybein is Schreiber's biological niece.

She came to the U.S. on a student visa when she was 15 because of a bad situation with her family in Korea, KSHB-TV reported. The Schreibers decided to put the adoption on hold for a year because Schreiber was deployed to Afghanistan.

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"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," Schreiber told KSHB-TV.

The family said they were shocked to discover stipulation, considering Hyebin has a Kansas birth certificate.

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The birth certificate falls under Kansas provision KSA 65-2423b, which stipulates that a certificate given to a person adopted from a foreign country does not indicate U.S. citizenship.

"After graduation, I should be looking for a job. 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, so it's kind of a lot of work for me," Hyebin said.

The Schreibers filed a civil suit challenging USCIS's decision and are awaiting a judge's decision.

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