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American citizenship by adoption

citation for American citizenship by adoption

One of the ways to obtain American citizenship is through adoption, that is, children born abroad and adopted by Americans. Children born in other countries obtain citizenship if their parents or guardians are Americans, but there are situations, for example if they are single or married, that require another type of citizenship management.

On this page we will guide you to carry out the corresponding procedure to request your child's citizenship in a practical and safe way.

Required documents

The documents requested as evidence of US Citizenship of an adopted child are:

  • US passport: Issued by the Department of State. You must present a certificate of citizenship of the adopted child or a legal photocopy of the final adoption decree.
  • Certificate of US Citizenship: Issued by the Citizenship and Immigration Services.

In which case do adopted children obtain citizenship automatically?

Only those adopted children who meet the following requirements proposed by Section 320 of the INA will be able to access American citizenship quickly and without taking any steps.

Requirements:

  • If they are recognized as legal permanent residents within the United States: They must be established in the United States and have the legal and physical custody of their American parents or guardians.
  • Children must be under 18 years of age and meet the corresponding conditions.
  • In the case of a minor who lives abroad and his adoptive parents are American, they must process the Citizenship for Minors Act (CCA) of 2000.
  • Adopted children of guardians or parents who are performing military service or government work will obtain citizenship immediately as long as they meet the INA requirements according to section 320.

Requirements that must be submitted by children who do not obtain automatic citizenship

If the children do not meet the requirements mentioned above, they must apply for citizenship through naturalization and as legal permanent residents of the United States. To carry out this procedure it is necessary that you take into account the types of visas that exist since presenting one of these visas will serve as evidence to manage your child's citizenship.

Visa Classification:

  • IR-2 Visa: The child must apply for a Permanent Resident Card, and comply with all the conditions of Section 320 of the INA. If this is the case, she only needs to present Form N-600 and pay the corresponding payment. Finally, the Citizenship Certificate will be obtained for the adopted child.
  • IR-4 or IH-4 Visa: The child must receive the green card by mail. Parents or guardians will be able to apply for citizenship once the legal recognition of foreign adoption is admitted. If the child is a minor, you only need to submit form N-600 and obtain a birth certificate.
  • IR-3 or IH-3 Visa: The adopted child must receive a Certificate of Citizenship by postal mail, once the requirements of Section 320 of the INA have been met. If the minor has the visa, she only needs to present Form N-600 to obtain the Certificate of Citizenship.

Citizenship for children with interrupted adoption

There are cases where children born abroad enter an adoption process but when they arrive in the United States the process is interrupted and their adoption is annulled. In these cases, citizenship is not possible since formal adoption is not recognized by the State; you can only obtain it if another American family adopts you in the future.

In the event that the child has completed the corresponding citizenship process before the annulment of the adoption, that child will maintain American citizenship. New parents or guardians must apply for a citizenship certificate based on the minor's original citizenship.

There are some cases in which the adopted minor child may have American citizenship but his or her parents are not sure about it.

  • If you are not sure that your adopted child has a Certificate of Citizenship you can
    • Request access to federal records.
    • Contact USCIS to verify the minor's immigration status.
  • If you are not sure that your child has American citizenship, you can submit and review Form N-600.
  • If your child did not obtain the Certificate of Citizenship or US citizenship, but is eligible under INA 322, you can file Form N-600 as long as you reside in the United States.
    • Only adopted children of military personnel or government persons will be able to acquire citizenship automatically by residing outside the country.

How to process a certificate of American citizenship?

To obtain a certificate of citizenship there are different processes depending on your situation, in this case if you reside inside or outside the United States. The main requirements that must be met are:

  • That the child be defined as a "minor" under selection 101 of the INA.
  • That meets the necessary conditions before turning 18 years of age.
  • One of the adoptive parents or guardians must be a US citizen.
  • If the child resides within the United States, you must submit form N-600k.
  • If the child resides outside the jurisdiction of the United States, you must File Form N-600 under Section 322.
    • Submit the form before 18 years of age.
    • Guardians must comply with physical presence.
    • The minor must have the legal and physical custody of his or her guardians and live abroad.
    • Child must appear in the United States after having legally admitted and maintained their status.
    • The son/daughter must take the oath to the United States, whenever required.

Certificate of Citizenship and name changes

In the event that you have changed the name of your adopted child and need to replace the one already presented on the citizenship certificate, you must submit Form N-565 to request a new citizenship certificate.

The instructions to process the new form are:

  • Submit Form N-565 to the USCIS offices. This procedure can be managed virtually or in person by postal mail.
    • If it is virtual, you must create an account to pay the corresponding amount, verify data, respond to the request and keep the information updated.
    • Attach documents, passport photo to form N-565.
  • Please note that when you mail the form you should receive a notification from the USCIS account about the steps you must follow for this procedure.
  • Don't forget to pay the corresponding fee and send evidence of the minor's legal name with the form.

What do I do if my adopted child has a passport?

If your adopted daughter/daughter has an American passport issued by the Department of State, you should not present Form N-600, since the minor is classified as a citizen for having an American passport.

If you submit the form:

  • The request will not be accepted.
  • The application will be accepted if you truthfully demonstrate that you revoked your United States passport to become a citizen.
  • The only form that would be accepted for this type of situation is Form N-600K, which only manages the Citizenship certificate for a person who already has an American passport.

These procedures can help you resolve the American citizenship by adoption: