Chapter 3 - Eligibility, Documentation, and Evidence
A. General Eligibility
Current provisions under INA 320 or INA 322 apply if the child was born on or after February 28, 1983, and meets the required conditions on or after February 27, 2001. The following table outlines the applicability of current citizenship and naturalization provisions to adopted children.
| Where the Child Resides | Provision | Adoption Requirements for U.S. Citizenship | Additional Requirements[1] |
|---|---|---|---|
In the United States (INA 320 may also apply to certain children of U.S. military members, U.S. government employees, and their U.S. citizen spouses, who are residing outside of the United States) | INA 320 | Must satisfy INA 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) requirements. | A child born outside of the United States automatically becomes a U.S. citizen when all the following requirements have been met on or after February 27, 2001:
|
| Outside the United States | INA 322 | Must satisfy INA 101(b)(1)(E), INA 101(b)(1)(F), or INA 101 (b)(1)(G) requirements. | Applies to certain children under 18 years of age residing outside of the United States in the legal and physical custody of the U.S. citizen parent.[3] The child generally must be temporarily present in the United States after being lawfully admitted and be maintaining their status, amongst other requirements.[4] The child must have an application filed on their behalf and take the Oath of Allegiance, unless waived. |
B. Child Residing in the United States
1. Eligibility
An adopted child born outside of the United States becomes a U.S. citizen by operation of law at the time the adopted child satisfies all requirements on or after February 27, 2001, and before turning 18 years of age.[5] These requirements include that the adopted child:[6]
- Satisfies the requirements applicable to adopted children;[7]
- Has at least one adoptive parent who is a U.S. citizen (by birth or naturalization);
- Is an LPR;[8] and
- Resides in the United States in the legal and physical custody of the U.S. citizen adoptive parent (or parents).[9]
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 upon meeting the eligibility criteria.[10]
Children who meet all requirements of INA 320 (including having a final adoption)[11] at the time of their admission as LPRs automatically acquire citizenship upon their admission as LPRs. Children who do not meet all requirements of INA 320 upon their admission as LPRs do not acquire citizenship upon their admission, but may automatically acquire citizenship at a later point (provided they satisfy all conditions before they turn 18). This includes children who do not have an adoption considered final under U.S. immigration law and children who do not otherwise meet the requirements of INA 320 upon their admission. Their adoptive parents may need to take additional steps, such as obtaining a final adoption, before the child turns 18 years of age for the child to obtain U.S. citizenship through an adoptive parent.
2. Certificate of Citizenship
A person who automatically acquires U.S. citizenship is not required to file an Application for Certificate of Citizenship (Form N-600).
Certain adopted children automatically receive a Certificate of Citizenship without filing Form N-600. Other children immigrating based on adoption do not, and must submit Form N-600 if they seek to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. passport with the U.S. Department of State to serve as evidence of U.S. citizenship.
Certificate of Citizenship Issued without an Application
Generally, USCIS automatically issues a Certificate of Citizenship to adopted children who are admitted to the United States with an IR-3 visa[12] or IH-3 visa,[13] if the child meets all INA 320 requirements.[14] In order to be issued a Certificate of Citizenship, if the child is over the age of 14, the child must take the Oath of Allegiance, unless otherwise waived.[15]
Thus, children over 14 at the time of their admission who are eligible for automatic issuance of a Certificate of Citizenship generally collect their Certificate of Citizenship at a USCIS field office after taking the oath. Children under 14 years of age who are eligible for automatic issuance of a Certificate of Citizenship generally receive their certificate by mail.[16]
Certificate of Citizenship with Application
USCIS does not automatically issue Certificates of Citizenship to adopted children who are admitted to the United States with a different visa classification (such as IR-2 visas) or who do not acquire citizenship upon their admission as LPRs (such as IR-4s[17] and IH-4s[18]).
If an adoptee did not automatically receive a Certificate of Citizenship and would like to obtain documentation of their citizenship status from USCIS, they (or their parent or legal guardian if the adoptee is under age 18) must submit Form N-600.[19] A person may also apply for a U.S. passport with the U.S. Department of State to serve as evidence of U.S. citizenship.[20]
An applicant (person seeking the Certificate of Citizenship) must submit, with their application, all required documentation and evidence in accordance with form instructions,[21] including a copy of the full, final adoption decree or order.[22] If the child did not have a foreign adoption that is considered full, final, and complete, the applicant must submit:
- Evidence of the final adoption decree or order; or
- If the U.S. jurisdiction of the adoptive parent’s or parents’ residence recognizes the foreign adoption decree or order as full and final, evidence establishing this under state law together with the foreign adoption order.[23]
To determine if the adopted child meets the requirements applicable to adopted children, USCIS reviews the file, including any evidence indicating that the child was admitted to the United States as an LPR through an adoption-based petition.[24]
In order to be issued a Certificate of Citizenship, if the child is over the age of 14, the child must take the Oath of Allegiance, unless otherwise waived.[25]
C. Child Residing Outside of the United States
1. Eligibility
An adopted child who regularly resides outside of the United States[26] is eligible for naturalization under INA 322 if all of the following conditions have been met before the child turns 18 years of age:[27]
- The child satisfies the requirements applicable to adopted children;[28]
- The child has at least one adoptive parent who is a U.S. citizen by birth or through naturalization;
- The child’s U.S. citizen adoptive parent or U.S. citizen grandparent has been physically present in the United States or an outlying possession for 5 years, at least 2 of which were after reaching the age of 14;[29]
- The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and
- The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.
Children of U.S. Armed Forces Members or U.S. Government Employees (or their Spouses)
Children are not eligible to naturalize under INA 322 if they already acquired citizenship. Adopted children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may acquire citizenship under INA 320 upon meeting the eligibility criteria.[30]
2. Application for Citizenship and Issuance of Certificate
To apply for a child to become a U.S. citizen and obtain a Certificate of Citizenship, the U.S. citizen parent, or if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian, files an Application for Citizenship and Issuance of Certificate Under Section 322 (Form N-600K) on behalf of the child.[31]
An applicant (person seeking a Certificate of Citizenship) must submit with their application all required documentation and evidence in accordance with form instructions.[32] The adoption-specific required evidence that applicants must submit depends on the type of case. The table below describes the adoption-specific evidence that is required by case type.
| Type of Case | Adoption-Specific Required Evidence |
|---|---|
| Hague Convention Adoption Case | A copy of the full, final adoption decree or order; and a copy of the notice of approval of the Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800), and supporting documentation for the petition, or evidence the child has been admitted for lawful permanent residence on an IH-3 or IH-4 visa.[33] |
| Orphan Case | A copy of the full, final adoption decree or order; and a copy of the notice of approval of the Petition to Classify Orphan as an Immediate Relative (Form I-600), and supporting documentation for the petition (except the home study), or evidence the child has been admitted for lawful permanent residence on an IR-3 or IR-4 visa.[34] |
| Family-based Adoption Petitions | A copy of the full, final adoption decree or order; and evidence that the child meets the requirements of INA 101(b)(1)(E), including adoption before age 16 (or age 18 if the sibling exception applies) and 2 years of legal custody and joint residence with the adoptive parent.[35] |
To determine if the adopted child meets the requirements applicable to adopted children, USCIS reviews the file, including any evidence indicating that an adoption-based petition was approved for the child, and has not been revoked.[36]
If an adoption-based petition was not approved for the child, the applicant must submit the following to show that they meet the requirements of a family-based adoption:[37]
- A full, final adoption decree or order showing that the child was adopted before the child’s 16th birthday (or before the child’s 18th birthday if the sibling exception applies);[38]
- Documentation that the child has been in the legal custody of the adoptive U.S. citizen parent for at least 2 years (at the time of filing); and
- Documentation that the child has been jointly residing with the adoptive parent(s) for at least 2 years (at the time of filing).
In order to be issued a Certificate of Citizenship, if the child is over the age of 14, the child must take the Oath of Allegiance, unless otherwise waived, before the age of 18.[39]
Footnotes
[^ 1] Adopted children who did not acquire citizenship through their adoptive parent(s) or naturalize before the age of 18 may also apply for naturalization when eligible. See Volume 12, Citizenship and Naturalization, Part D, General Naturalization Requirements [12 USCIS-PM D].
[^ 2] 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) [12 USCIS-PM H.4].
[^ 3] If the parent is deceased, the child may be residing in the legal and physical custody of a person who does not object to the application.
[^ 4] For information on requirements, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 5, Child Residing Outside the United States (INA 322) [12 USCIS-PM H.5].
[^ 5] These provisions were created by the Child Citizenship Act of 2000 (CCA), Pub. L. 106-395 (PDF) (October 30, 2000), which amended earlier provisions of the Immigration and Nationality Act (INA) regarding acquisition of citizenship after birth for foreign-born children who have U.S. citizen parent(s). These CCA amendments became effective on February 27, 2001.
[^ 6] See INA 320. See 8 CFR 320.2. For more information on requirements, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship After Birth (INA 320) [12 USCIS-PM H.4].
[^ 7] The child must meet the requirements for family-based adoption at INA 101(b)(1)(E), orphans at INA 101(b)(1)(F), or Hague Convention adoptees at INA 101(b)(1)(G).
[^ 8] A person is generally considered to be a LPR once USCIS approves the adjustment application or once the person is admitted to the United States with an immigrant visa. See INA 245(b).
[^ 9] See INA 101(a)(33). For the definition of residence, 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 E, Definitions of U.S. Residence and Physical Presence [12 USCIS-PM H.2(E)]. For the definition of legal and physical custody, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320), Section B, Child in Legal and Physical Custody of U.S Citizen Parent [12 USCIS-PM H.4(B)].
[^ 10] See INA 320(c), which applies to children who were under 18 on March 26, 2020. 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)].
[^ 11] For information on final adoption requirements, see Chapter 2, Definitions [5 USCIS-PM F.2].
[^ 12] Visa category for an immediate relative under INA 201(b) and INA 204(a)(1), as a child adopted abroad by a U.S. citizen.
[^ 13] Visa category for an immediate relative under INA 201(b) and INA 204(a)(1), as the adopted child from a Hague Adoption Convention country adopted outside the United States by a U.S. citizen.
[^ 14] Before January 1, 2004, USCIS did not automatically issue a Certificate of Citizenship to adopted children who came to the United States. If a child met all the INA 320 requirements but did not automatically receive a Certificate of Citizenship, they can still submit an Application for Certificate of Citizenship (Form N-600) to obtain a Certificate of Citizenship.
[^ 15] See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320), Section G, Decision and Oath of Allegiance [12 USCIS-PM H.4(G)]. See Volume 12, Citizenship and Naturalization, Part J, Oath of Allegiance, Chapter 2, The Oath of Allegiance [12 USCIS-PM J.2].
[^ 16] For information on contacting USCIS if your child was admitted to the United States on an IR-3 or IH-3 visa and did not receive a Certificate of Citizenship within 60 days, see the Certificate of Citizenship for Your Internationally Adopted Child webpage.
[^ 17] Visa category for an immediate relative under INA 201(b) and INA 204(a)(1), as a child coming to be adopted in the United States by a U.S. citizen.
[^ 18] Visa category for an immediate relative under INA 201(b) and INA 204(a)(1), as the adopted child from a Hague Adoption Convention country adopted in the United States by a U.S. citizen.
[^ 19] See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320) [12 USCIS-PM H.4]. See Volume 12, Citizenship and Naturalization, Part K, Certificates of Citizenship and Naturalization, Chapter 2, Certificate of Citizenship [12 USCIS-PM K.2].
[^ 20] See U.S. Department of State’s U.S. Passports webpage.
[^ 21] For a full list of required evidence, see instructions for Form N-600.
[^ 22] For more information on required evidence, see 8 CFR 320.3(b). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320), Section E, Documentation and Evidence [12 USCIS-PM H.4(E)].
[^ 23] For example, a certificate of recognition of adoption from the state court, or a copy of the state statute indicating that the state recognizes all foreign adoptions.
[^ 24] See Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C]. See Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D]. See Part E, Family-Based Adoption Petitions [5 USCIS-PM E].
[^ 25] See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320), Section G, Decision and Oath of Allegiance [12 USCIS-PM H.4(G)]. See Volume 12, Citizenship and Naturalization, Part J, Oath of Allegiance, Chapter 2, The Oath of Allegiance [12 USCIS-PM J.2].
[^ 26] 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 E, Definition of U.S. Residence [12 USCIS-PM H.2(E)].
[^ 27] See INA 322. For more information on requirements, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 5, Child Residing Outside the United States (INA 322) [12 USCIS-PM H.5].
[^ 28] The child must meet the requirements for family-based adoption at INA 101(b)(1)(E), orphans at INA 101(b)(1)((F), or Hague Convention adoptees at INA 101(b)(1)(G).
[^ 29] See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 5, Child Residing Outside the United States (INA 322), Section C, Physical Presence of U.S. Citizen Parent or Grandparent [12 USCIS-PM H.5(C)].
[^ 30] See INA 320(c). For more information, see USCIS Policy Manual Volume 12, 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)]. Such children may submit Form N-600. See Section B, Child Residing in the United States [5 USCIS-PM F.3(B)].
[^ 31] See Form N-600K. See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 5, Child Residing Outside the United States (INA 322) [12 USCIS-PM H.5] and Part K, Certificates of Citizenship and Naturalization, Chapter 3, Certificate of Naturalization [12 USCIS-PM K.3].
[^ 32] See instructions for Form N-600K. For more information on required evidence, see 8 CFR 322.3(b) and Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 5, Child Residing Outside the United States (INA 322), Section G, Documentation and Evidence [12 USCIS-PM H.5(G)].
[^ 33] See INA 101(b)(1)(G). See 8 CFR 322.3(b). See Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D].
[^ 34] See INA 101(b)(1)(F). See 8 CFR 322.3(b). See Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C].
[^ 35] See INA 101(b)(1)(E). See 8 CFR 322.3(b). See Part E, Family-Based Adoptions [5 USCIS-PM E].
[^ 36] See Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C]. See Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D]. See Part E, Family-Based Adoptions [5 USCIS-PM E].
[^ 37] See INA 101(b)(1)(E). See Part E, Family-Based Adoptions [5 USCIS-PM E].
[^ 38] See INA 101(b)(1)(E)(ii).
[^ 39] See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 5, Child Residing Outside the United States (INA 322), Section I, Decision and Oath of Allegiance [12 USCIS-PM H.5(I)].