Foreign-Born Adoptees and the Child Citizenship Act

Since the passage of the Child Citizenship Act of 2000 (CCA), adopted children do not need to formally apply for U.S. citizenship. They become citizens automatically. Adoptive parents of foreign-born children may get a citizenship certificate for their child. But they will need to go through the application process to do so.

Understanding the documents needed can help you plan for success. It also helps to anticipate potential delays you may face. Administrative hurdles often arise during this process.

This article focuses on the CCA and how it relates to foreign-born adoptees. It is important to note that there are separate processes for foreign-born children of U.S. citizens. An immigration attorney can explain how the CCA applies to your child’s situation and help you understand which process fits your family.

Continue reading for more information about citizenship, foreign adoptions, and other foreign-born adoptees’ issues.

Is My Adopted Child Eligible Under the Child Citizenship Act?

For a foreign-born adopted child of U.S. parents to get automatic citizenship by the CCA, the applicant child:

• Has at least one adoptive parent who is a U.S. citizen, either by birth or through naturalization;
• Is younger than 18;
• Is in the legal and physical custody of the U.S. citizen parent and is now living in the U.S.;
• Has lawful permanent resident status; and
• Was adopted by all other applicable immigration laws

Some foreign-born adopted children may need to wait until they have satisfied certain criteria before automatically getting citizenship. Others (those living abroad) may need to formally apply to “naturalize” since the USCIS can’t assume that an adoptee (or their parents) living abroad plans to live in the U.S. permanently. You must provide a copy of the child’s birth certificate if available.

Citizenship for Foreign-Born Adoptees: The Process

Orphans adopted by a U.S. citizen parent are citizens once their adoption is final and they have lawfully entered the United States as permanent residents. Children who did not immigrate as orphans but were adopted by a U.S. citizen parent and gained lawful permanent resident status also automatically gain citizenship (as long as they meet all the criteria before their 18th birthday).

Foreign children who are adopted by U.S. citizens who live overseas are also entitled to citizenship, but under slightly different criteria. Such children may file for naturalization during a legal, temporary visit to the U.S. as long as they are under 18 and their parents or grandparents meet certain other eligibility criteria.

Adopted children residing in the United States may file for a certificate of citizenship using USCIS Form N-600. Adopted children living outside the United States may file for naturalization using USCIS Form N-600K. Once naturalized, they must file a separate application for the child to get a U.S. passport.

The application must contain proof of citizenship in the child’s country of origin, if available. It must also provide many documents from the adoption proceedings, including proof of the final adoption. Prospective adoptive parents are not eligible to apply. They must wait until the adoption is final. 

Be mindful that the adoption process itself can take a long time. Factor this into how you organize your schedule and how you plan to meet any deadlines. The child’s U.S. citizenship will only be granted once the application is approved. Only the approval of the application will result in the child’s citizenship status.

Another option is an IR-3 visa, a type of immigrant visa. This visa is for children adopted outside the United States by parents who are also outside the United States at the time of adoption. This and other visa types will allow for lawful admission of the child into the United States, where they will receive a green card and citizenship.

Hague Convention on Adoptions

You should also understand the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. It concluded in May 1993 in the Netherlands. The United States signed the Convention in 1994. So, it is subject to the rules of the Convention for inter-country adoptions.

The Convention dictates many aspects of adoptions that U.S. citizens enter into. At least, this is the case if those citizens live in the United States. It also applies to U.S. citizens living in countries also party to the Convention. Children who are adopted under the Convention are subject to greater protection. 

Adopting Internationally? Hire an Immigration Lawyer

Getting citizenship for a child as part of an inter-country adoption isn’t always quick and straightforward. Processes relating to citizenship are notoriously complicated and time-consuming. This is why some adoptive families opt to get legal help with these processes. A local immigration law attorney can help prepare the right documents and keep your child’s path to U.S. citizenship on track.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.

Citizenship and International Adoptions: Additional Resources

Review the U.S. Department of State website for more information on obtaining U.S. Citizenship under the CCA. It also details relevant portions of the Immigration and Nationality Act (INA). Find answers to frequently asked questions about:

• Intercountry adoption
• Getting legal custody of adopted children from overseas
• U.S. government laws about foreign-born children and how they become citizens

You can also reference Chapter 5 – Adoptions of the USCIS Policy Manual for helpful information.