Part F - Citizenship for Adopted Children

* Note that children 14 years of age and older need to take the Oath of Allegiance before a USCIS officer, unless waived, to be issued a Certificate of Citizenship.

* Note that children 14 years of age and older need to take the Oath of Allegiance before a USCIS officer, unless waived, to be issued a Certificate of Citizenship.
 

*Note that children 14 years of age and older need to take the Oath of Allegiance before a USCIS officer, unless waived, in order to be issued a Certificate of Citizenship.

Footnotes

[^ 1] Certain adopted children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may also acquire citizenship under INA 320. See INA 320(c). For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship After Birth (INA 320), Section C, Children of Armed Forces Members or U.S. Government Employees (or their Spouses) [12 USCIS-PM H.4(C)].

[^ 2] For information on visa classification requirements, see Part F, Citizenship for Adopted Children, Chapter 2, Definitions [5 USCIS-PM F.2].

[^ 3] See Application for Certificate of Citizenship (Form N-600).

[^ 4] This includes children in the legal custody of their prospective adoptive parents for purposes of emigration and adoption, children where both parents of a married couple did not jointly adopt the child, and children where at least one of the adoptive parents did not personally see and observe the orphan before or during the foreign adoption proceedings. See INA 101(b)(1)(F).

[^ 5] Certain adopted children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may also acquire citizenship under INA 320. See INA 320(c). For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship After Birth (INA 320), Section C, Children of Armed Forces Members or U.S. Government Employees (or their Spouses) [12 USCIS-PM H.4(C)].

[^ 6] This includes children in the legal custody of their prospective adoptive parents for purposes of emigration and adoption and children where both parents of a married couple did not jointly adopt the child. See INA 101(b)(1)(G).

[^ 7] See Petition for Alien Relative (Form I-130).

[^ 8] A stepchild cannot acquire citizenship or naturalize through the U.S. citizen stepparent unless the stepparent adopts the stepchild, and the adoption meets certain requirements. See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section A, Definition of Child [12 USCIS-PM H.2(A)]. See the Immigration, Adoption, and Citizenship for Stepchildren of U.S. Citizens and LPRs webpage.

[^ 9] Certain adopted children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may also acquire citizenship under INA 320. See INA 320(c). For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship After Birth (INA 320), Section C, Children of Armed Forces Members or U.S. Government Employees (or their Spouses) [12 USCIS-PM H.4(C)].

[^ 10] See Application for Naturalization (Form N-400).

Adoptees do not qualify for automatic citizenship under the current INA 320 provisions if they were 18 years of age or older on February 27, 2001 (that is, were born on or before February 27, 1983). However, they may have obtained citizenship under a different law if their adoptive parent(s) were or became U.S. citizens. The law under which an adopted child may have obtained citizenship is the law that was in effect^[1] while the adopted child was under the age of 18.^[2]

Additionally, adoptees who did not obtain citizenship through their adoptive parents may obtain citizenship under a different law.^[3]

Citizenship and Naturalization Laws (Before October 5, 1978)

Before October 5, 1978, there were no statutory provisions that provided for the automatic acquisition of citizenship by adopted children through their adoptive parents (unless the child was adopted by their biological father and the adoption legitimated the child). An adopted child may, however, have obtained citizenship if the adoptive parents applied for naturalization on the adopted child’s behalf. The adopted child must have met the requirements under the applicable law (former INA 323), had their application approved, and taken the Oath of Allegiance before reaching the age of 18.

Citizenship and Naturalization Laws (October 5, 1978 - February 27, 2001)^[4]

Adoptive Parents Were U.S. Citizens at Time of Adoption

If the adoptive parents were both U.S. citizens at the time of the adoption, there was no path for an adopted child to automatically derive citizenship through them.

The adopted child may, however, have obtained citizenship through the child’s U.S. citizen adoptive parent(s), if the adoptive parent(s) applied for a Certificate of Naturalization or a Certificate of Citizenship on the adopted child’s behalf (under former INA 322). The adopted child must have met the requirements under the applicable law (former INA 322), had their application approved, and taken the Oath of Allegiance before reaching the age of 18 (unless waived).

Adoptive Parent(s) Naturalized After Adoption

If the adoptive parents were not U.S. citizens at the time of the adoption, or one parent was a U.S. citizen and one was not, and the noncitizen parent(s) later became naturalized U.S. citizens before the adopted child turned 18, the adopted child may have automatically derived citizenship. The adopted child must have met the requirements under the applicable law (former INA 320 or 321). If the adopted child automatically derived citizenship under former INA 320 or 321, they may file  Application for Certificate of Citizenship (Form N-600), to seek documentation of their citizenship, or they may apply for a U.S. passport with the Department of State to serve as evidence of their U.S. citizenship.

The following table provides an overview of how previous provisions for automatic derivation of citizenship apply to adopted children.

Footnotes

[^ 1] This is generally former INA 320 or former INA 321. The adopted child must have also met requirements applicable to adopted children under U.S. immigration laws that were in effect during the time period.

[^ 2] For adoptees who need more information about determining their immigration status, see the Adult Adoptees and U.S. Citizenship webpage.

[^ 3] For information on the different paths to citizenship, see Volume 12, Citizenship and Naturalization [12 USCIS-PM].

[^ 4] See the Act of October 5, 1978, Pub. L. 95-417 (PDF) (October 5, 1978). See Section 18 of the Immigration and Nationality Act Amendments of 1981, Pub. L. 97-116 (PDF), 95 Stat. 1611, 1620 (December 29, 1981). See former INA 320. See former INA 321.

[^ 5] For example, the child’s admission as a lawful permanent resident or the finalization of the child’s adoption as the final criteria for eligibility took place during the described time period.

[^ 6] Some adopted children who did not derive citizenship through their adoptive parent(s) may have obtained citizenship if the law at the time allowed their adoptive parent(s) to apply for citizenship or naturalization on their behalf, and their parents did so. The adopted child must have met the requirements under the applicable law, had the application approved, and taken the Oath of Allegiance before reaching the age of 18 (unless waived). Adoptees whose parents did not apply for citizenship or naturalization on their behalf may apply for naturalization when eligible. See Part D, General Naturalization Requirements [12 USCIS-PM D].

[^ 7] See former INA 323.

[^ 8] See former INA 322.

[^ 9] From October 5, 1978, until December 28, 1981, the adoption must have taken place before the child turned 16 years of age. From December 29, 1981, until February 26, 2001, the adoption must have taken place before the child turned 18 years of age. Note that the child must have also met age-related requirements to immigrate based on adoption under INA 101(b)(1), which differ from age-related requirements for citizenship based on adoption. Under INA 101(b)(1)(E), a child must be under age 16 at time of adoption, unless a sibling exception applies. See Part E, Family-Based Adoption Petitions, Chapter 2, Eligibility [5 USCIS-PM E.2]. Under INA 101(b)(1)((F), a child must be under age 16 at the time the orphan petition is filed, unless an exception applies. See Part C, Child Eligibility Determinations (Orphan), Chapter 3, Identity and Age [5 USCIS-PM C.3].

[^ 10] From October 5, 1978, until December 28, 1981, the adoption must have taken place before the child turned 16 years of age. From December 29, 1981, until February 26, 2001, the adoption must have taken place before the child turned 18 years of age. Note that the child must have also met age-related requirements to immigrate based on adoption under INA 101(b)(1), which differ from age-related requirements for citizenship based on adoption. Under INA 101(b)(1)(E), a child must be under age 16 at time of adoption, unless a sibling exception applies. See Part E, Family-Based Adoption Petitions, Chapter 2, Eligibility [5 USCIS-PM E.2]. Under INA 101(b)(1)(F), a child must be under age 16 at the time the orphan petition is filed, unless an exception applies. See Part C, Child Eligibility Determinations (Orphan), Chapter 3, Identity and Age [5 USCIS-PM C].

[^ 11] The child must have met the requirements under the applicable law (former INA 320 or 321).