5 USCIS-PM F.4
A disruption means an adoption process that ends after the prospective adoptive parents obtain legal custody and before the adoption is legally finalized, which may result in the child’s return to (or entry into) foster care or placement with new adoptive parents.[1]
A child who has not acquired U.S. citizenship[2] before such a disruption may be eligible to obtain citizenship and documentation if later adopted by different U.S. citizen parent(s). The child must meet all requirements of INA 320 or INA 322 through the new U.S. citizen parent, including the requirements applicable to adopted children under INA 101(b)(1).
However, the adopted child does not have to establish eligibility under the same specific statutory provision as under the original petitioning parents. For example, an adopted child who immigrated as an orphan under INA 101(b)(1)(F) with the original adoptive parent(s), may be able to meet the requirements with the new adoptive parents for a family-based petition under INA 101(b)(1)(E), if eligible.[3]
The child may also seek naturalization when eligible.[4]
A dissolution means an adoption in which the legal relationship between the adoptive parent(s) and adopted child is severed, either voluntarily or involuntarily, after the adoption is legally finalized.[5]
In the event of a dissolution, an adopted child who has already obtained U.S. citizenship through the original petitioning adoptive parent(s),[6] does not lose their U.S. citizenship as a result of the dissolution.[7] If the U.S. citizen adopted child does not have documentation demonstrating their U.S. citizenship,[8] a Certificate of Citizenship based on the original adoption may be requested.[9] A person may also apply for a U.S. passport with the Department of State to serve as evidence of U.S. citizenship.
The new adoptive parents may also make a Freedom of Information Act (FOIA) request on behalf of the child to determine if the child was previously issued a Certificate of Citizenship.[10]
[^ 1] See the U.S. Citizenship for an Adopted Child webpage for more information on citizenship of a foreign-born child following a disrupted or dissolved adoption. See also 22 CFR 96.2.
[^ 2] For example, a child whose adoption disrupts before the adoptee fulfills all requirements for citizenship (including having an adoption that is considered full, final, and complete).
[^ 3] For information on INA 101(b)(1)(E) requirements, see Part E, Family-Based Adoption Petitions [5 USCIS-PM E]. To petition for an adopted child under INA 101(b)(1)(E), see Petition for Alien Relative (Form I-130).
[^ 4] See Volume 12, Citizenship and Naturalization [12 USCIS-PM].
[^ 5] See the Child Welfare Information Gateway’s Adoption Disruption and Dissolution (PDF) webpage.
[^ 6] See INA 320 and INA 322.
[^ 7] A dissolution in and of itself does not generally impact an adoptee’s U.S. citizenship status.
[^ 8] For example, a Certificate of Citizenship (USCIS Form N-560A) or a valid, unexpired U.S. passport.
[^ 9] See instructions for the Application for Certificate of Citizenship (Form N-600). See instructions for the Application for Replacement Naturalization/Citizenship Document (Form N-565).
[^ 10] See the Request Records through the Freedom of Information Act or Privacy Act webpage.