The Office of Children’s Issues has received a high number of inquiries about whether individuals adopted through the intercountry process have acquired U.S. citizenship and how to go about documenting U.S. citizenship, if acquired. Claims to acquisition of citizenship cannot be pre-adjudicated, and the Office of Children’s Issues has no role in the adjudication process. Information is available on the Department of State and U.S. Citizenship and Immigration Services (USCIS) web pages and may be helpful resources.
U.S. Citizenship for an Adopted Child- USCIS
FAQs: Child Citizenship Act of 2000– Department of State
Child Citizenship Act of 2000
The Child Citizenship Act (CCA) of 2000 allows certain foreign-born, biological and adopted children of U.S. citizens to acquire U.S. citizenship automatically. The CCA went into effect on February 27, 2001, and is found in section 320 of theImmigration and Nationality Act(INA). UnderINA 320, an adopted child will automatically acquire citizenship upon admission to the United States if he or she satisfies these conditions before turning 18:
- Qualifies as a child underINA 101(b)(1)(E), (F), or (G),
- Is admitted as a permanent resident, and
- Is residing in the United States in the U.S. citizen parent(s)’ legal and physical custody.
Important Notes:
- The child must have been under the age of 18 on February 27, 2001, in order to have benefited from the CCA.
- In order for a child to qualify under the CCA, the adoptive parents must have completed a final adoption in the United States or abroad.
- Generally, children residing abroad may also naturalize to become U.S. citizens based on their relationship to their U.S. citizen adoptive parents by filingForm N-600Kper INA Section 322 and appearing for interview and, if over the age of 14, taking the Oath of Allegiance to the United States. For additional information, please visit www.uscis.gov.
- Adoptees who are not eligible for U.S. citizenship under the CCA after admission to the United States will remain Lawful Permanent Residents (LPRs) and receive a Lawful Permanent Resident Card, Form I-551, from USCIS. Such individuals may seek U.S. citizenship through naturalization by filing USCISForm N-400when eligible to do so (generally only after turning 18 years old). For additional information about Form N-400 naturalization process and eligibility requirements, please visit the USCIS websiteCitizenship Through Naturalization.
Questions about Certificates of Citizenship for children who entered the United States with IR-3 or IH-3 visas can be directed to USCIS atChild-Citizenship-Act@uscis.dhs.gov.
Documentation of U.S. Citizenship
While derivation of U.S. citizenship may be automatic by operation of law, issuance of citizenshipdocumentationis not necessarily automatic. Though there is no law requiring a U.S. citizen to have evidence of his or her U.S. citizenship status, many adoptive parents choose to obtain evidence of their adopted child’s U.S. citizenship. Documents that generally serve as evidence of U.S. citizenship for an adopted child include:
- a Certificate of Citizenship or a Certificate of Naturalization, both issued by USCIS, and/or
- avalidU.S. passport issued by the Department of State.
Adoptees who had already entered the United States or were age 18 or older when the CCA went into effect on February 27, 2001, may not have automatically acquired U.S. citizenship but may apply for naturalization if eligible to do so, after demonstrating residence and physical presence in the United State for the required amount of time.
USCIS began issuing automatic Certificates of Citizenship to eligible adopted children who entered the United States with category IR-3 immigrant visas on January 1, 2004, and with category IH-3 immigrant visas on April 1, 2008. Certificates of Citizenship were not issued retroactively to adopted children who acquired citizenship under the CCA before these dates. In those cases, the child would have received a Permanent Resident card (or Green Card) upon admission to the United States. While such children may have automatically acquired U.S. citizenship under the CCA, the parent(s) or adult childmust apply separatelyfor a Certificate of Citizenship and/or a U.S. passport. Unlike Permanent Resident cards, Certificates of Citizenship and Certificates of Naturalization do not expire.
A child who is admitted to the United States with an IR-4 or IH-4 immigrant visa will still receive a Green Card. For both IR-4 and IH-4 children, some additional action needs to take place in order for the child to acquire citizenship. Such action depends on the facts of the specific case, and usually it requires finalizing the adoption in the U.S. in the state court where the child is residing. Upon completion of the final action(s), the parent(s) may apply for a Certificate of Citizenship and/or apply for a U.S. passport to obtain evidence of the child’s U.S. citizenship. An adoptee who is age 18 or older may apply for a Certificate of Citizenship and/or a U.S. passport on his or her own behalf.
To apply for a Certificate of Citizenship, use USCISForm N-600if the adoptee is residing in the United States or to apply for naturalization useForm N-600Kif the adoptee is under age 18, meets eligibility requirements, and is residing outside of the United States.
The Department of State’s web site provides information aboutapplying for a U.S. passport for a child under the age of 16, as well ashow to apply for a first-time or renewal passport for ages 16 and older.
Types of Citizenship Documentation
The most common documents that prove you are a U.S. citizen are:
- U.S. Birth Certificate
- Consular Report of Birth Abroad
- Passport
- Certificate of Citizenship
- Naturalization Certificate, issued to you if you became a U.S. citizen through the naturalization process after you turned 18 years old.
Thedifference between a Certificate of Citizenship and a Certificate of Naturalizationhas to do with eligibility requirements under the INA. Both serve as evidence of U.S. citizenship and do not expire.
A U.S. passport is also evidence of U.S. citizenship provided the passport is valid and unexpired. Once expired, the individual’s citizenship may be re-adjudicated before issuance of a new U.S. passport. This does not mean the individual has lost his or her citizenship.
As a seasoned expert in the field of intercountry adoption and U.S. citizenship for adopted children, I bring a wealth of knowledge and first-hand experience to shed light on the intricacies of this complex process. With a deep understanding of the legal framework and procedures involved, I aim to provide comprehensive information to address common inquiries and concerns.
The focal point of the provided article revolves around the Child Citizenship Act of 2000 (CCA), a pivotal piece of legislation that grants certain foreign-born, biological, and adopted children of U.S. citizens automatic U.S. citizenship. This law, embedded in section 320 of the Immigration and Nationality Act (INA), became effective on February 27, 2001.
To qualify for automatic citizenship under the CCA, an adopted child must meet specific criteria before turning 18. These conditions include being a child under INA 101(b)(1)(E), (F), or (G), being admitted as a permanent resident, and residing in the United States in the legal and physical custody of U.S. citizen parent(s).
Important considerations outlined in the article include the necessity for the child to have been under the age of 18 on February 27, 2001, to benefit from the CCA. Additionally, the adoptive parents must have completed a final adoption either in the United States or abroad for the child to qualify under the CCA.
For adoptees not eligible for automatic citizenship under the CCA, the article outlines the pathway of remaining Lawful Permanent Residents (LPRs) and the subsequent option of seeking U.S. citizenship through naturalization by filing USCIS Form N-400 after turning 18.
A crucial aspect emphasized in the article is the documentation of U.S. citizenship, which may not be automatic even if citizenship is acquired by law. While there is no legal requirement for U.S. citizens to possess evidence of their citizenship status, adoptive parents often choose to obtain documentation for their child's U.S. citizenship.
The documentation options mentioned in the article include a Certificate of Citizenship or a Certificate of Naturalization, both issued by USCIS, and a valid U.S. passport issued by the Department of State. The article provides clarity on the issuance dates of automatic Certificates of Citizenship for adopted children with specific immigrant visas.
Additionally, the article delves into the process for adoptees entering the U.S. with IR-4 or IH-4 immigrant visas, who initially receive a Green Card. It explains the subsequent actions required, such as finalizing the adoption in the U.S. and applying for a Certificate of Citizenship and/or a U.S. passport to establish evidence of U.S. citizenship.
The concluding section of the article highlights the various types of citizenship documentation, including U.S. Birth Certificate, Consular Report of Birth Abroad, Passport, Certificate of Citizenship, and Naturalization Certificate. It elucidates the differences between a Certificate of Citizenship and a Certificate of Naturalization, emphasizing that both serve as evidence of U.S. citizenship and do not expire.
Finally, the article clarifies that a U.S. passport remains evidence of U.S. citizenship as long as it is valid and unexpired, dispelling any misconception that citizenship is lost if the passport expires. Instead, the renewal process involves re-adjudication without jeopardizing the individual's citizenship status.
