# Volume 5 - Adoptions

- Guidance
- Resources (43)
- Appendices (2)
- Updates (6)
- History (0)

## Resources

22 CFR 96 - Intercountry adoption accreditation of agencies and approval of persons

8 CFR 103.2 - Submission and adjudication of benefit requests

8 CFR 204 Subpart C - Intercountry adoption of a Convention adoptee

8 CFR 204.1 - General information about immediate relative and family-sponsored petitions

8 CFR 204.2 - Petitions for relatives, widows and widowers, and abused spouses and children

8 CFR 204.2(d) - Petition for a child or son or daughter

8 CFR 204.3 - Orphan cases under section 101(b)(1)(F) of the Act (non-Convention cases)

8 CFR 204.303 - Determination of habitual residence

8 CFR 204.311 - Convention adoption home study requirements

8 CFR 205.1 - Automatic revocation

8 CFR 205.2 - Revocation on notice

Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption

INA 101(b)(1) - Definition of child

INA 101(b)(1)(E) - Definition of a child adoptee for family-based process

INA 101(b)(1)(F) - Definition of a child adoptee for orphan process

INA 101(b)(1)(G) - Definition of a child adoptee for Hague Adoption Convention process

INA 101(b)(2) - Definition of parent, father or mother

INA 101(c) - Definition of child for citizenship and naturalization

INA 201(b) - Immediate relatives

INA 201(b)(2)(A)(i) - Immediate relatives

INA 203(a) - Preference allocation for family-sponsored immigrants

INA 204(d) - Recommendation of valid home study

INA 204, 8 CFR 204 - Procedure for granting immigrant status

INA 320, 8 CFR 320 - Children residing permanently in the United States

INA 322, 8 CFR 322 - Children residing outside the United States

INA 341, 8 CFR 341 - Certificates of citizenship

Pub. L. 106-139                (PDF) - Immigration and Nationality Act of 1999

Pub. L. 106-279                (PDF) - Hague Adoption Convention and the Intercountry Adoption Act

Pub. L. 111-287                (PDF) - Intercountry Adoption Act

Pub. L. 112-276                (PDF) - Intercountry Adoption Universal Accreditation Act of 2012

Pub. L. 80-774 (PDF) - Displaced Persons Act of 1948

Pub. L. 87-301                (PDF) - The Act of September 26, 1961

Pub. L. 89-236                (PDF) - Immigration and Nationality Act of 1965

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-130, Petition for Alien Relative

I-600, Petition to Classify Orphan as an Immediate Relative

I-600A, Application for Advance Processing of an Orphan Petition

I-800, Petition to Classify Convention Adoptee as an Immediate Relative

I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country

N-600, Application for Certificate of Citizenship

N-600K, Application for Citizenship and Issuance of Certificate Under Section 322

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

## Appendices

Appendix: Citizenship and Naturalization for Adopted Children by Main Visa Classification Codes

* 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

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[^ 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).

Appendix: How Previous Citizenship Provisions Apply to Adopted Children

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).

## Updates

April 01, 2024

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.

Read More

1 USCIS-PM B.1 - Chapter 1 - Purpose and Background

1 USCIS-PM B.3 - Chapter 3 - Fees

1 USCIS-PM B.4 - Chapter 4 - Fee Waivers and Fee Exemptions

1 USCIS-PM B.6 - Chapter 6 - Submitting Requests

2 USCIS-PM E.1 - Chapter 1 - Purpose and Background

2 USCIS-PM E.3 - Chapter 3 - Filing and Documentation

2 USCIS-PM J.7 - Chapter 7 - Admissions, Extensions of Stay, and Change of Status

2 USCIS-PM M.7 - Chapter 7 - Documentation and Evidence

2 USCIS-PM N.3 - Chapter 3 - Petitioners

5 USCIS-PM B.5 - Chapter 5 - Action on Pending or Approved Suitability Determinations

5 USCIS-PM C.7 - Chapter 7 - Documentation and Evidence

5 USCIS-PM C.8 - Chapter 8 - Adjudication

5 USCIS-PM D.4 - Chapter 4 - Documentation and Evidence

7 USCIS-PM A.3 - Chapter 3 - Filing Instructions

7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act

7 USCIS-PM A.8 - Chapter 8 - Transfer of Underlying Basis

November 29, 2023

This technical update to Volume 5, Adoptions, incorporates information on USCIS country-specific adoption processing by adding a reference to the USCIS Country-Specific Processing webpage.

5 USCIS-PM A.1 - Chapter 1 - Purpose and Background

April 21, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how citizenship and naturalization provisions apply to adopted children.

Read More

5 USCIS-PM F - Part F - Citizenship for Adopted Children

12 USCIS-PM A.2 - Chapter 2 - Becoming a U.S. Citizen

12 USCIS-PM H.1 - Chapter 1 - Purpose and Background

12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization

12 USCIS-PM H.4 - Chapter 4 - Automatic Acquisition of Citizenship after Birth (INA 320)

12 USCIS-PM H.5 - Chapter 5 - Child Residing Outside of the United States (INA 322)

March 29, 2023

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual to address instances where the last day of filing a benefit request or response to a Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate, falls on a Saturday, Sunday, or federal holiday.

Read More

1 USCIS-PM B.6 - Chapter 6 - Submitting Requests

1 USCIS-PM E.6 - Chapter 6 - Evidence

1 USCIS-PM E.10 - Chapter 10 - Post-Decision Actions

5 USCIS-PM B.2 - Chapter 2 - Eligibility, Documentation, and Evidence (Orphan Process)

6 USCIS-PM B.3 - Chapter 3 - Filing

6 USCIS-PM E.6 - Chapter 6 - Permanent Labor Certification

November 19, 2021

U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS.

Read More

5 USCIS-PM - Volume 5 - Adoptions

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 316.97 KB) between the AFM and the Policy Manual.

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

## Version History

No historical versions available.

0
-                  Part A - Adoptions Overview               
-                  Part B - Adoptive Parent Suitability Determinations               
-                  Part C - Child Eligibility Determinations (Orphan)               
-                  Part D - Child Eligibility Determinations (Hague)               
-                  Part E - Family-Based Adoption Petitions               
-                  Part F - Citizenship for Adopted Children               

Current as of April 11, 2024

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