# U.S. Citizenship for an Adopted Child

For our policy guidance on citizenship for adopted children, see Volume 5, Part F of the USCIS Policy Manual.

For our policy guidance on citizenship and naturalization, see Volume 12 of the USCIS Policy Manual.

*All passport applicants must prove their U.S. citizenship and identity to receive a U.S. passport. A Certificate of Citizenship is generally sufficient to apply for and obtain a U.S. passport for an adopted child. If the adopted child has not received a Certificate of Citizenship, you must submit other proof of acquisition of citizenship, including a certified copy of the final adoption decree (and translation if not in English) and evidence the child met all the conditions in section 320 of the Immigration and Nationality Act (INA) while under the age of 18.

Some federal agencies may check immigration systems to verify citizenship status. USCIS systems will not be updated with a child’s citizenship status unless the family obtains a Certificate of Citizenship.

Under section 320 of the INA, adopted children will automatically acquire citizenship when they are admitted into the United States if they:
                    - Meet the requirements applicable to adopted children under INA 101(b)(1)(E), (F), or (G);
                    - Are admitted as a lawful permanent resident (LPR);
                    - Are residing in the United States in their U.S. citizen parent's legal and physical custody (unless an exception applies as noted below); and
                    - Are under 18 years old when they meet all these conditions.

Current citizenship law provides that foreign-born children who meet certain conditions automatically acquire U.S. citizenship under INA 320, as amended by the Child Citizenship Act of 2000 (CCA), which took effect on Feb. 27, 2001. The child must have been under the age of 18 on Feb. 27, 2001, to automatically acquire U.S. citizenship under INA 320.

If a child does not qualify for a Certificate of Citizenship when they are admitted as an LPR under one of the visa classifications shown in the table below, they will automatically become a U.S. citizen once they meet all the conditions listed above. If they cannot meet those conditions, they may remain an LPR and may apply for naturalization once they are eligible. The chart below outlines the visa classifications, the process to obtain evidence of U.S. citizenship, and the documents that generally serve as evidence of a child’s LPR status or U.S. citizenship.

If adoptive parents dissolve or sever the legal relationship after finalizing a child’s adoption, this is called a “dissolution.” If an original petitioning prospective adoptive parent obtains legal custody but does not finalize a child’s adoption, and the child returns to (or enters) foster care or is placed with new adoptive parents, this is called a “disruption.” If a child does not acquire U.S. citizenship at birth or obtain citizenship from their original petitioning perspective adoptive parent, they may still be eligible to obtain citizenship if they are later adopted by a different U.S. citizen parent and meet all the requirements of INA 320 or INA 322.

For example, if a child enters the United States with an IR-4 or IH-4 visa, but their original adoptive parent does not adopt or re-adopt them in the United States, and the foreign adoption is not recognized in any U.S. state where the parent resides before the child is 18 years old, the child may not acquire U.S. citizenship from their original petitioning adoptive parent.

If this child is later adopted by a different U.S. citizen parent, the child may obtain U.S. citizenship. They must meet all the requirements of INA 320 or INA 322 through their new adoptive parent, including the requirements that apply to adopted children under INA 101(b)(1). However, the child does not have to satisfy the same specific statutory provision as the original petitioning prospective adoptive parent. For example, a child who immigrated as an orphan (INA 101(b)(1)(F)) with their original petitioning prospective adoptive parent may be able to establish eligibility if they meet the requirements for a family-based petition (INA (101)(b)(1)(E)) with their new adoptive parent.

A child who already has U.S. citizenship at the time of a dissolution keeps their U.S. citizenship, even if they have never had a Certificate of Citizenship. The adoptee (if currently age 18 or over) or the new adoptive parent may request a Certificate of Citizenship based on the original acquisition of citizenship.

*You may also apply to the Department of State for a U.S. passport for your child, if eligible.

If the adopted child does not qualify for a Certificate of Citizenship when being admitted to the U.S., you may still apply for one if your child satisfies the eligibility requirements. You must follow different processes to apply for a Certificate of Citizenship, depending on whether the adopted child resides inside or outside of the United States with the U.S. citizen parent.

Under general eligibility requirements, the adopted child must:
                    - Meet the definition of child under INA section 101(b)(1)(E), (F) or (G);
                    - Have at least one U.S. citizen parent (by birth or naturalization); and
                    - Be under 18 years of age when meeting all the conditions.

The table below has more information about eligibility requirements.

Adopted children who meet the requirements of INA 101(b)(1)(E),(F), or (G) of U.S. service members or U.S. government employees, and certain children of their spouses, may automatically acquire citizenship under section 320 of the INA. This may include children of parents who are stationed and residing outside of the United States. For additional information on eligibility, see USCIS Policy Manual Volume 12, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320).

We cannot mail Certificates of Citizenship outside the United States, except in cases involving service members stationed abroad or when the dependent child of a service member stationed overseas is granted citizenship under section 322 of the INA.

If the U.S. Department of State (DOS) has already issued a U.S. passport to a biological or adopted child, we may deny a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, filed on behalf of the same child. Form N-600K is an application for citizenship, and a U.S. passport is evidence that the child is already a U.S. citizen. A person who is a U.S. citizen cannot be granted citizenship again.

Therefore, if you file Form N-600K for your child, we may:
                    - Deny the application if the child already has a U.S. passport; or
                    - Approve the application on a case-by-case basis if you include evidence showing that DOS revoked the U.S. passport and that the child no longer holds a U.S. passport.

If you file Form N-600, Application for Certificate of Citizenship, for an adopted or biological child, we may approve it even if the child has a U.S. passport. Unlike Form N-600K, Form N-600 is not an application for citizenship. It is an application for a Certificate of Citizenship for a person who is already a U.S. citizen.

The information on this page is meant to be a general guide. The charts provide an overview of citizenship issues related to adopted children, but this page is not a definitive policy document. We will review and adjudicate the facts of individual cases on a case-by-case basis. This page is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner.

04/01/2024

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