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Adopted Children and Citizenship

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U.S. immigration law grants special Citizenship rights to CHILDREN who are adopted by U.S. Citizens.

The USCIS summarizes this topic as follows:

 

Each year, many people adopt children from outside the U.S. For information, see our Inter-Country adoptions page and the State Department’s International Adoption page. (More information for U.S. citizens abroad is on the State Department’s website.)

The INA provides information on children and citizenship (including for those adopted abroad) in § 320 and § 322.

In 2000, the U.S. Congress passed the Child Citizenship Act, which impacts the INA. The following titles will link you to information about this Act and to other relevant documents.

 

Child Citizenship Act Program Update, January 2004
Information for Parents of Foreign-Born Children Residing Abroad, January 2004
Information for Adoptive Parents of Foreign-Born Orphans Residing in the U.S., January 2004
Information for Parents of Foreign-Born Biological Children Residing in the U.S., January 2004

Persons who became citizens under the previous § 320 or the repealed § 321 are still citizens even though the law that made them citizens is no longer in force. These individuals may apply for Certificates of Citizenship at any time.

The Immigration of Adopted and Prospective Adopted Children (Handbook M-249):

 

Text Version
PDF Version (2,580 KB)

 

 

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