Chapter 4 - Citizenship Following a Disrupted or Dissolved Adoption
A. Disruption of Adoption
A disruption means an adoption process that ends after the prospective adoptive parents obtain legal custody and before the adoption is legally finalized, which may result in the child’s return to (or entry into) foster care or placement with new adoptive parents.[1]
A child who has not acquired U.S. citizenship[2] before such a disruption may be eligible to obtain citizenship and documentation if later adopted by different U.S. citizen parent(s). The child must meet all requirements of INA 320 or INA 322 through the new U.S. citizen parent, including the requirements applicable to adopted children under INA 101(b)(1).
However, the adopted child does not have to establish eligibility under the same specific statutory provision as under the original petitioning parents. For example, an adopted child who immigrated as an orphan under INA 101(b)(1)(F) with the original adoptive parent(s), may be able to meet the requirements with the new adoptive parents for a family-based petition under INA 101(b)(1)(E), if eligible.[3]
The child may also seek naturalization when eligible.[4]
B. Dissolution of Adoption
A dissolution means an adoption in which the legal relationship between the adoptive parent(s) and adopted child is severed, either voluntarily or involuntarily, after the adoption is legally finalized.[5]
In the event of a dissolution, an adopted child who has already obtained U.S. citizenship through the original petitioning adoptive parent(s),[6] does not lose their U.S. citizenship as a result of the dissolution.[7] If the U.S. citizen adopted child does not have documentation demonstrating their U.S. citizenship,[8] a Certificate of Citizenship based on the original adoption may be requested.[9] A person may also apply for a U.S. passport with the Department of State to serve as evidence of U.S. citizenship.
The new adoptive parents may also make a Freedom of Information Act (FOIA) request on behalf of the child to determine if the child was previously issued a Certificate of Citizenship.[10]
Footnotes
[^ 1] See the U.S. Citizenship for an Adopted Child webpage for more information on citizenship of a foreign-born child following a disrupted or dissolved adoption. See also 22 CFR 96.2.
[^ 2] For example, a child whose adoption disrupts before the adoptee fulfills all requirements for citizenship (including having an adoption that is considered full, final, and complete).
[^ 3] For information on INA 101(b)(1)(E) requirements, see Part E, Family-Based Adoption Petitions [5 USCIS-PM E]. To petition for an adopted child under INA 101(b)(1)(E), see Petition for Alien Relative (Form I-130).
[^ 4] See Volume 12, Citizenship and Naturalization [12 USCIS-PM].
[^ 5] See the Child Welfare Information Gateway’s Adoption Disruption and Dissolution (PDF) webpage.
[^ 6] See INA 320 and INA 322.
[^ 7] A dissolution in and of itself does not generally impact an adoptee’s U.S. citizenship status.
[^ 8] For example, a Certificate of Citizenship (USCIS Form N-560A) or a valid, unexpired U.S. passport.
[^ 9] See instructions for the Application for Certificate of Citizenship (Form N-600). See instructions for the Application for Replacement Naturalization/Citizenship Document (Form N-565).
[^ 10] See the Request Records through the Freedom of Information Act or Privacy Act webpage.
Resources
INA 101(b)(1) - Definition of child
INA 101(c) - Definition of child for citizenship and naturalization
Appendices
|
Code |
Classification Name[2] |
Citizenship Acquisition (if otherwise eligible) |
Process for Obtaining a Certificate of Citizenship* |
|---|---|---|---|
|
IR-3 |
Orphan – “full and final” adoption abroad (Consular process) |
Automatically acquires citizenship upon being admitted as a lawful permanent resident (LPR) if under 18 years old and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent. |
USCIS generally automatically sends a child under 14 years of age the Certificate of Citizenship within 60 days of the child being admitted. Children 14 years of age or older at the time of their admission are also automatically issued a Certificate of Citizenship but must collect their Certificate of Citizenship at a USCIS field office after taking the oath. An Application for Certificate of Citizenship (Form N-600)[3] is not required. |
|
IR-4 |
Orphan – coming to the United States to be adopted[4] (Consular process) |
Must be adopted in the United States, readopted in the United States, or show that the adoptive parent(s)’ U.S. jurisdiction of residence recognizes the foreign adoption before the child can acquire citizenship. Automatically acquires citizenship after being admitted as an LPR and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent, when the adoption is considered full, final, and complete, and the other requirements of INA 320 are met. |
File Form N-600 after obtaining an adoption that is considered full, final, and complete, and the other requirements of INA 320 are met. |
* 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.
|
Code |
Classification Name |
Citizenship Acquisition (if otherwise eligible) |
Process for Obtaining a Certificate of Citizenship* |
|---|---|---|---|
|
IH-3 |
Hague Convention adoptee – final adoption abroad (Consular process) |
Automatically acquires citizenship upon being admitted as an LPR if under 18 years old and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent. |
USCIS generally automatically sends a child under 14 years of age the Certificate of Citizenship within 60 days of the child being admitted. Children 14 years of age or older at the time of their admission are also automatically issued a Certificate of Citizenship but must collect their Certificate of Citizenship at a USCIS field office after taking the oath. A Form N-600 is not required. |
|
IH-4 |
Hague Convention adoptee – coming to the United States to be adopted[6] (Consular process) |
Must be adopted in the United States, readopted in the United States, or show that the adoptive parent(s)’ jurisdiction of residence recognizes the foreign adoption before the child can acquire citizenship. Automatically acquires citizenship after being admitted as an LPR and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent, when the adoption is considered full, final, and complete, and the other requirements of are met. |
File Form N-600 after obtaining an adoption that is considered full, final, and complete and the other requirements of INA 320 are met. |
* 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.
|
Code |
Classification Name |
Citizenship Acquisition (if otherwise eligible) |
Process for Obtaining a Certificate of Citizenship* |
|---|---|---|---|
|
IR-2 |
Child of a U.S. citizen (Consular process) |
Automatically acquires citizenship upon being admitted as an LPR if under 18 years old and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent.
|
File Form N-600 after being admitted as an LPR. |
|
IR-7 |
Child of a U.S. citizen (Adjustment of status) |
Automatically acquires citizenship upon approval of the Application to Register Permanent Residence or Adjust Status (Form I-485) if under 18 years old and residing in the legal and physical custody of the U.S. citizen adoptive parent.
|
File Form N-600 after the Form I-485 is approved and the other requirements of are met. |
|
F22 |
Child (under 21) of an LPR (Consular process) |
May acquire citizenship if the parent naturalizes while child is under 18 and an LPR.
If the child is over 18, they may be eligible for naturalization. |
File Form N-600 after being admitted as an LPR and the other requirements of INA 320 are met.
Or file an Application for Naturalization (Form N-400)[10] to apply for naturalization when eligible. |
|
F27 |
Child (under 21) of an LPR (Adjustment of status) |
May acquire citizenship through parent if the parent naturalizes while the child is under 18 and an LPR.
If the child is over 18, they may be eligible for naturalization.
|
File Form N-600 if the requirements of INA 320 are met.
Or file Form N-400 to apply for naturalization when eligible. |
|
F11 |
Unmarried son or daughter of a U.S. citizen (age 21 and older) (Consular process) |
Noncitizens age 18 and older cannot acquire citizenship through a parent. |
File Form N-400 to apply for naturalization when eligible. |
|
F16 |
Unmarried son or daughter of a U.S. citizen (age 21 and older) (Adjustment of status) |
Noncitizens age 18 and older cannot acquire citizenship through a parent. |
File Form N-400 to apply for naturalization when eligible. |
|
F24 |
Unmarried son or daughter of an LPR (age 21 and older) (Consular process) |
Noncitizens age 18 and older cannot acquire citizenship through a parent. Additionally, cannot acquire citizenship through an LPR parent.
|
File Form N-400 to apply for naturalization when eligible. |
|
F29 |
Unmarried son or daughter of an LPR (age 21 and older) (Adjustment of status) |
Noncitizens age 18 and older cannot acquire citizenship through a parent. Additionally, cannot acquire citizenship through an LPR parent.
|
File Form N-400 to apply for naturalization when eligible. |
|
F31 |
Married sons or daughters of a U.S. citizen (Consular process) |
Married noncitizens cannot acquire citizenship through a parent.
|
File Form N-400 to apply for naturalization when eligible. |
|
F36 |
Married sons and daughters of a U.S. citizen (Adjustment of status) |
Married noncitizens cannot acquire citizenship through a parent. |
File Form N-400 to apply for naturalization when eligible. |
*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
[^ 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).
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.
|
Period in which the Last Action Took Place[5] |
Citizenship Status of Adoptive Parent(s) |
Derivation of Citizenship for Adopted Children[6] |
|---|---|---|
|
Before Dec. 24, 1952 |
N/A |
Adopted children cannot derive U.S. citizenship. |
|
On or After Dec. 24, 1952
and Before Oct. 5, 1978 |
N/A |
Adopted children cannot derive U.S. citizenship, unless adopted by their biological father and adoption legitimates the child. However, adoptive parent(s) could apply for naturalization on behalf of certain adopted children.[7] |
|
On or After Oct. 5, 1978
and Before Feb. 27, 2001 |
Adoptive parent(s) were U.S. citizens at time of adoption |
If the adoptive parent(s) were both U.S. citizens at the time of the child’s adoption, there was no path for the adoptee to derive citizenship through the adoptive parent(s). However, adoptive parent(s) could apply for naturalization on behalf of certain adopted children.[8] To obtain citizenship based on an adoptive relationship, the child must have been adopted by a certain age depending on the period of last action.[9] |
|
On or After Oct. 5, 1978
and Before Feb. 27, 2001 Note: To obtain citizenship based on an adoptive relationship, the child must have been adopted by a certain age depending on the period of last action.[10] |
Adoptive parent(s) naturalized after adoption |
The child derived U.S. citizenship if the child was lawfully admitted as a permanent resident, was in the custody of the adoptive parents, and was residing in the United States at the time of naturalization of the adoptive parent(s), as described below:[11]
|
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
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.
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)
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.
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, 317.68 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
Version History
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