Adopting a child who was born abroad involves navigating complex legal processes to better ensure that the child’s citizenship is secured in the United States efficiently and effectively. Failure to address these concerns promptly can lead to complications later in a child’s life.
Thankfully, the Child Citizenship Act of 2000 simplifies the process of obtaining U.S. citizenship for certain internationally adopted children. Under this law, a child automatically becomes a U.S. citizen if they meet specific requirements, including:
- Adoption by a U.S. Citizen Parent: At least one adoptive parent must be a U.S. citizen.
- Permanent Residency: The child must enter the United States on an immigrant visa and reside in the legal and physical custody of an adoptive parent.
- Age Requirement: The child must be under 18 years old at the time all conditions are met.
While the law grants automatic citizenship to these children, it does not automatically provide enough proof of that legal act. Adoptive parents must take steps to ensure their child has the necessary documentation, such as a Certificate of Citizenship (Form N-600) or a U.S. passport. Relying solely on a birth certificate or adoption decree may cause issues later, particularly for legal purposes like applying for college, jobs and Social Security benefits.
Does adoption type matter?
The citizenship process can vary depending on the type of adoption at issue. For example:
- Hague Convention Adoptions: These typically involve streamlined procedures to ensure compliance with U.S. immigration and citizenship requirements.
- Non-Hague Adoptions: These adoptions may require additional documentation or legal steps, depending on the child’s country of origin.
Both the complexity of citizenship concerns related to international adoption – and the consequential nature of the process itself – helps to underscore how important it is to ensure that a newly adopted child of foreign birth enters the U.S. on an appropriate immigrant visa (IR-3 or IR-4). The visa type impacts the steps required for citizenship. Questions about this process can be directed to a skilled legal team at any time.