International Adoption and U.S. Citizenship

International adoption, while exciting and remarkable, can bring confusion and uncertainty when it comes to immigration status. It is very important to ensure that your internationally adopted child becomes a U.S. citizen. If adoptive parents postpone obtaining their adopted child’s citizenship, he or she may later have difficulty obtaining driver’s licenses, passports, scholarships, working legally, voting, and enjoying basic citizenry rights and privileges. Worse, adopted children without U.S. citizenship may grow up to be subject to deportation. Safeguarding your child’s future is an imperative.

U.S. CITIZENSHIP - ACQUIRED AUTOMATICALLY

Under the Child Citizenship Act of 2000, some, but not all, children adopted abroad automatically acquire U.S. citizenship. If your adopted child entered the United States on an IH-3 or IR-3 visa, U.S. citizenship is automatically acquired if:

  • at least one of the child’s parents is a U.S. citizen;
  • the adopted child entered the United States prior to his or her 18th birthday;
  • the child lives in the legal and physical custody of the U.S. citizen parent;
  • the child entered the United States as an immigrant for lawful permanent residence, and
  • the adoption is final.

For those IH-3 and IR-3 cases, a Certificate of Citizenship should be received within 45 days of admission without additional forms or fees.

In New York, those children who enter the Unites States on an IH-3 or IR-3 visa can file a Petition for Registration of Foreign Adoption Order in either Family Court or Surrogate’s Court. This allows adoptive parents to get a New York court order that recognizes the foreign adoption and gives parents the ability to obtain a New York birth certificate from the Department of Health. It is also an opportunity to legally change your child’s name and have it registered on his new birth certificate.

If you would like to obtain a New York court order or New York birth certificate for your internationally adopted child, contact your adoption attorney for more information on how to file a Petition for Registration of Foreign Adoption Order.

U.S. CITIZENSHIP - NOT ACQUIRED AUTOMATICALLY

If your adopted child entered the United States with an IH-4 or IR-4 visa, U.S. citizenship is not automatic. Instead, your adopted child automatically receives a permanent resident card (green card).  If your adopted child is a permanent resident (green card holder), you should contact your adoption attorney and begin the process of re-adoption in the Family or Surrogate’s Court. It is very important that your adopted child’s re-adoption is final as soon as possible and, in no uncertain terms, before his or her 18th birthday.  

Your adopted child automatically acquires U.S. citizenship on the date of his or her re-adoption in the United States (if the adoption occurs before the child’s 18th birthday). Once the re-adoption is final, you can file the Form N-600 with the necessary supporting documents and the fee of $1,170 by check or money order made payable to U.S. Department of Homeland Security, and if approved, your adopted child will be issued a Certificate of Citizenship.  

For more information on U.S. Citizenship for an internationally adopted child go to:
https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/us-citizenship-adopted-child

*Please note: The above information is not a comprehensive summary of the laws governing adoption or immigration as they relate to international adoption and citizenship. Please contact your adoption attorney or immigration attorney for more information.