5 USCIS-PM F.1
Under U.S. laws, children may obtain U.S. citizenship other than through birth in the United States.[1] Persons born outside of the United States, including adopted children, may obtain U.S. citizenship after birth, before the age of 18, through a U.S. citizen adoptive parent.[2] Some children immigrating based on adoption automatically acquire U.S. citizenship upon their admission to the United States as lawful permanent residents. Others do not, and their adoptive parents need to take additional steps before the adopted child turns 18 years of age for the child to obtain U.S. citizenship through the adoptive parent(s).
Adopted children who do not obtain citizenship through their adoptive parents before turning 18 may be eligible to apply for naturalization as an adult.[3]
The law under which an adopted child may have obtained citizenship is the law in effect while the adopted child was under the age of 18.[4] Citizenship laws for children have changed over time with the most recent major change taking effect in 2001.
The Child Citizenship Act of 2000 (CCA) took effect on February 27, 2001, and was not retroactive.[5] The CCA amended INA 320 and removed INA 321 to create only one method for children in the United States to automatically acquire citizenship after birth.
Children, including adopted children, who were under the age of 18 on February 27, 2001 (that is, born on or after February 28, 1983), may automatically acquire U.S. citizenship from a U.S. citizen parent if the statutory requirements are satisfied before the child’s 18th birthday. The CCA also amended INA 322 to provide for applications for naturalization on behalf of foreign-born children who did not automatically acquire citizenship under INA 320 and who generally reside outside the United States with a U.S. citizen parent.
Although adoptees do not qualify under the CCA if they were 18 years of age or older on February 27, 2001 (that is, were born on or before February 27, 1983), they may have obtained citizenship under a different law.[6]
This Part F clarifies how current citizenship provisions apply to adopted children. Volume 12, Citizenship and Naturalization, contains detailed guidance on the requirements for citizenship and naturalization, including for adopted children.[7]
INA 101(c) – Definition of child for citizenship and naturalization
INA 320; 8 CFR 320 – Children residing permanently in the United States
INA 322; 8 CFR 322 – Children residing outside the United States
[^ 1] See INA 301, INA 309, INA 320, and INA 322. See Volume 12, Citizenship and Naturalization [12 USCIS-PM].
[^ 2] See INA 320 and INA 322.
[^ 3] See Volume 12, Citizenship and Naturalization, Part D, General Naturalization Requirements [12 USCIS-PM-D].
[^ 4] Adoptees who need more information about determining their immigration status may see the Adult Adoptees and U.S. Citizenship webpage.
[^ 5] See the Child Citizenship Act of 2000, Pub. L. 106-395 (PDF) (October 30, 2000).
[^ 6] For information on prior provisions, see Appendix: How Previous Citizenship Provisions Apply to Adopted Children [5 USCIS-PM F, Appendices Tab].
[^ 7] See Volume 12, Citizenship and Naturalization [12 USCIS-PM].