Adoptions

Child Citizenship

An orphan adopted by an American citizen who enters or has already entered the U.S. holding an IR-3 immigrant visa automatically becomes a U.S. citizen and does not need to file for naturalization with BCIS. Citizenship is conferred by operation of law, without any further action required on the part of the child's new parents. Citizenship under this law is only available to orphans who have undergone the immigrant visa issuance process. The child must have a passport issued by his/her native country, as well as a U.S. immigrant visa, to enter the U.S. for the first time. In order to document the child's automatic U.S. citizenship, which in most cases means issuance of a U.S. passport, the adoptive parent(s) should contact the nearest U.S. Passport Agency or check the State Department website (address provided above).

Despite the automatic conferral of U.S. citizenship, the child also may remain a citizen of his/her native country, depending on the laws of that country. 

Under this law, the Child Citizenship Act of 2000, children adopted from abroad by U.S. citizens receive the same treatment as children born abroad to U.S. citizens. A child whose adoption is completed abroad becomes a citizen immediately upon entering the U.S. as a lawful permanent resident. In cases where the child is coming to the U.S. for purposes of re-adoption (but has not yet been fully adopted, or both parents have not seen the child during the adoption proceedings abroad, the IR-4 category), that child becomes a citizen (having previously entered the U.S. with an IR-4 immigrant visa) the moment the adoption becomes final in the U.S. Automatic citizenship is conferred on any child who meets the conditions mentioned above, regardless of the date of the child's adoption or entry into the U.S.

A child adopted by a U.S. citizen, or being taken to the U.S. for purposes of being adopted, usually does not qualify for a visitor's visa to the United States. The only exception is a child adopted by Americans who are residing abroad on a long-term basis and who will be returning with that child to their overseas home after a short visit in the United States.