Adult Adoptees and U.S. Citizenship (2024)

Adoptees may become U.S. citizens by:

• Acquiring U.S. citizenship after birth, before the age of 18, through a U.S. citizen adoptive parent; or
• Applying for naturalization after age 18.

Some adoptees may automatically acquire U.S. citizenship after birth and before age 18, if they meet certain conditions under the Child Citizenship Act of 2000 (codified at section 320 of the Immigration and Nationality Act (INA)). Adoptees must satisfy the requirements of the act that apply to adopted children.

For purposes of this webpage, we use the term acquisition of citizenship to refer to the process by which an adoptee acquires U.S. citizenship after birth and before the age of 18, through a U.S. citizen adoptive parent.

Whether or not you acquired citizenship depends on your individual circ*mstances, such as:

• The law in effect while you were under the age of 18;
• Your adoptive parents’ U.S. immigration and citizenship status;
• Where and when your adoption was finalized; and
• Where you resided with your adoptive parents (in or outside of the United States).

The Child Citizenship Act of 2000

If you were born on or after Feb. 28, 1983, you may have automatically acquired citizenship under the Child Citizenship Act of 2000 (CCA). The CCA took effect on Feb. 27, 2001, and was not retroactive. It allows unmarried foreign-born children to become U.S. citizens by operation of law at the time they satisfy certain requirements, if they meet them on or after Feb. 27, 2001, and before turning 18.

For adoptees, these requirements include having:

• Had at least one adoptive parent who was a U.S. citizen (by birth or naturalization);
• Resided in the United States in the legal and physical custody of their U.S. citizen adoptive parents pursuant to a lawful admission for permanent residence; and
• Qualified as a child under INA 101(b)(1)(E), (F), or (G).

The chart below outlines the most common scenarios and summarizes when adoptees generally acquire citizenship based on those scenarios. In each case, you must meet all of the requirements outlined above.

The point at which you acquire citizenship depends on several factors, including when and where your adoption was finalized. For more information, see our webpage on adoption-related immigrant visas.

Prior to the Child Citizenship Act of 2000

Although you do not qualify for automatic citizenship under INA 320 if you were at least 18 years of age on Feb. 27, 2001 (you were born on or before Feb. 27, 1983), you may have obtained citizenship under a different law if your adoptive parents were or became U.S. citizens. The law under which you may have acquired citizenship depends on which law was in effect while you were under the age of 18 and on your adoptive parents’ U.S. citizenship status.

If you did not acquire citizenship through your adoptive parents before turning 18, you may be eligible to apply for naturalization as an adult (see Other Paths to Citizenship below).

Citizenship and Naturalization Laws (Oct. 5, 1978 - Feb. 27, 2001)

Adoptive Parents Were U.S. Citizens at Time of Adoption

If your adoptive parents were U.S. citizens at the time of your adoption, there was no path for you to have automatically acquired citizenship through them. You may, however, have obtained citizenship through your U.S. citizen adoptive parent(s), if they applied for a Certificate of Citizenship on your behalf (under former INA 322). You must have met the requirements under the applicable law, had your application approved, and taken the Oath of Allegiance before reaching the age of 18 (unless waived).

Adoptive Parent(s) Naturalized Subsequent to Adoption

If your adoptive parents were not U.S. citizens at the time of your adoption, and subsequently became naturalized U.S. citizens before you turned 18, you may have automatically acquired citizenship. You must have met the requirements under the applicable law (generally former INA 320 or 321).

Citizenship and Naturalization Laws (Before Oct. 5, 1978)

Before Oct. 5, 1978, with very limited exceptions, there were no statutory provisions that provided for the automatic acquisition of citizenship by adopted children through their adoptive parents. You may, however, have obtained citizenship if your adoptive parents applied for naturalization on your behalf. You must have met the requirements under the applicable law (former INA 323), had your application approved, and taken the Oath of Allegiance before reaching the age of 18.

Other Paths to Citizenship

Some adoptees who did not acquire citizenship through their adoptive parents can obtain U.S. citizenship through other provisions.

Even if you did not acquire citizenship through your adoptive parents, you may be eligible to apply for naturalization. If you are an LPR, you may apply for naturalization once you are eligible. To apply for naturalization, you must file Form N-400, Application for Naturalization.

For more information, see our Citizenship Through Naturalization webpage and the USCIS Policy Manual, Volume 12, Citizenship and Naturalization.

In addition, if you are serving or have served in the U.S. armed forces and are interested in becoming a U.S. citizen, you may be eligible to apply for naturalization under special provisions of the INA, which may not require lawful permanent residence. For more information, see our webpage on Naturalization through Military Service.

Step 1: The first step is to check to see if you have any of the following documents that serve as proof of U.S. citizenship:

• U.S. Certificate of Citizenship;
• U.S. Certificate of Naturalization; or
• Valid, unexpired U.S. passport.

These documents are proof of U.S. citizenship. If you do not have any of these three documents, move to Step 2.

Step 2: If you do not have proof of U.S. citizenship, you may want to gather your immigration records to help you understand your current U.S. immigration status. Your status may include any of the following:

• You are a U.S. citizen, but never obtained a certificate or passport as proof of your citizenship.
• You are a U.S. citizen and were issued a passport or certificate, but you do not have possession of it or your passport has expired.
• You are an LPR. Note that if you have a Permanent Resident Card (also known as a Green Card), this is evidence that you were admitted to the United States as an LPR. If you were admitted as an LPR, you may or may not be a U.S. citizen.
• You are not a U.S. citizen or an LPR.

If you do not have your immigration records in your possession, move to Step 3.

Step 3: If you do not have your immigration records in your possession and are not sure what your current U.S. immigration status is, you may file a Freedom of Information Act Request to obtain your immigration records.

USCIS Freedom of Information Act (FOIA) Requests

You can make a Freedom of Information Act Request for a copy of your immigration case record. To receive a complete record, you should indicate on your request that you want “all my records” or “a complete copy of my A-file.”When submitting your FOIA request, you must submit your:

• Current name;
• Current address;
• Date of birth; and
• Country of birth.

To help us find your immigration record, please also provide (if known):

• Your Alien Registration Number (A-Number; for example, A123 456 789);
• All names you have used, including your birth name and your name when you entered the United States (if different);
• Date you entered the United States;
• Class of admission (for example, IR-2, IR-3, IR-4);
• Adoptive parents’ names; and
• Birth parents’ names.

In response to your FOIA request, we will send you copies of existing documents or records in our files (unless they fall under an exemption that prevents us from releasing them to protect interests such as personal privacy, national security, or law enforcement). We cannot create new records or conduct research, analyze data, or answer questions about your case when responding to your FOIA request. If you would like to file a FOIA request with us, please see our webpage on How to File a FOIA Request.

Department of State Freedom of Information Act Requests

You may also request any records that the Department of State (DOS) may have related to your case, such as those related to:

• The application for a visa for you to enter the United States; or
• Previous applications for U.S. passports.

If you would like to file a FOIA request with DOS, you may see their webpage on How to Make a FOIA Request.

Resources

If you wish to seek legal assistance to better understand your current immigration status, you may find additional information on our authorized legal help webpage.

For information on proof of citizenship, see our webpage on Proof of Citizenship for U.S. Citizens.

Your options to obtain proof of citizenship depend on your individual circ*mstances, preferences, and eligibility. You may choose to file with USCIS (if otherwise eligible) an application for a:

• Certificate of Citizenship; or
• Replacement Certificate of Citizenship or Naturalization.

If you are eligible, you may also choose to apply to the U.S. Department of State for a U.S. passport as proof of U.S. citizenship.

If you are not a U.S. citizen but you are an LPR, you may apply to become a naturalized citizen once you are eligible. When you can apply for naturalization depends on your path to U.S. citizenship. Some people may be eligible for naturalization based on having had a Green Card for at least five years. Military members, spouses of U.S. citizens, and some other may be eligible to apply sooner. For information on paths to naturalization, see our webpage on Paths to U.S. Citizenship.

You can find information on general eligibility requirements for naturalization in the USCIS Policy Manual, Volume 12, Part D.

If you want to apply, you must file a Form N-400, Application for Naturalization. For more information, see our webpage on Citizenship through Naturalization and the USCIS Policy Manual, Volume 12, Citizenship and Naturalization.

This section focuses on the USCIS adjustment of status process while within the UnitedStates. If you decide to complete the process to apply for lawful permanent residence fromoutside of the United States, see the Consular Processing page.

Basis and Eligibility for Lawful Permanent Residency

You may be eligible for permanent resident status based on your adoption or through abasis other than your adoption. U.S. immigration laws include a variety of different immigrant categories that are eligible for permanent residency. The first step in obtainingpermanent residence is to determine if you qualify for a specific immigrant category. Go to our Green Card Eligibility Categories page to see all the possible categories. Once you find an immigrant category that you might be able to use to obtain permanent residence, you can then go to the specific page that lists what the eligibility requirements are. The eligibility requirements for permanent residence vary depending on the immigrant Category under which you are applying.

Registry

If you have not yet obtained LPR or U.S. citizenship status, and you entered the United States before Jan. 1, 1972, you may be eligible to apply to USCIS to create a record of lawful admission and adjust your status to LPR through the registry process. For more information, see the USCIS Policy Manual, Volume 7, Part O, Chapter 4 – Foreign Nationals Who Entered the United States Prior to January 1, 1972.

Family Relationship as Basis for Permanent Residence

You may be eligible to have your U.S. citizen or LPR adoptive parents or U.S. citizen sibling file an immigrant visa petition for you. You may also have another qualifying family member, such as a U.S. citizen or LPR spouse or U.S. citizen child who can petition for you. For more information go to the Form I-130, Petition for Alien Relative webpage.

Having a Form I-130 submitted on your behalf is the first step to getting a Green Card based on a qualifying family relationship. Generally, once we approve the Form I-130 petition, you may apply to become an LPR. This is the second step in the process. Certain relatives must wait until a visa number is available before they can apply to become an LPR. If you qualify as an immediate relative, an immigrant visa always is available.

While the table below focuses on eligibility to apply for LPR status based on an adoptive family relationship, you may have other qualifying family members (such as a U.S. citizen spouse) who can petition for you.

Other Basis

There are numerous other Green Card eligibility categories, including, but not limited to:

• Green Card through employment;
• Green Card through refugee or asylee status;
• Green Card for human trafficking and certain crime victims;
• Green Card for victims of abuse; and
• Green Card through other categories.

Bars to Adjustment and Inadmissibility

Bars to Adjustment

Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed insection 245(c) of the Immigration and Nationality Act (INA)apply to you. However, you may be able to adjust status under INA section245(i)even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section245(a).For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status,Part B, 245(a) Adjustment and Part C, 245(i) Adjustment.

Grounds of Inadmissibility

To qualify for a Green Card, you must be admissible to the United States. Reasons you may be inadmissible are listed inINA 212and are called grounds of inadmissibility. You may note that there are some exceptions for children and for adopted children. For example, there is an exception to inadmissibility for false claim to U.S. citizenship (such as voting) for certain children. If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.

Naturalization

If you are admitted as a lawful permanent resident you may apply for naturalization once you are eligible to do so.

Naturalization through Military Service

If you are serving or have served in the U.S. armed forces and are interested in becoming a U.S. citizen, you may be eligible to apply for naturalization under special provisions of the Immigration and Nationality Act (INA), which may not require lawful permanent residence. For more information, see our webpage on Naturalization through Military Service.

Policy Guidance

We have policy guidance on citizenship for children of U.S. citizens (including adoptees) on our website. Please see:

• USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens
• USCIS Policy Manual, Appendix: Derivative Citizenship of Children (Nationality Chart 3)
• USCIS Policy Manual, Volume 12, Citizenship and Naturalization

Key Webpages

You can find helpful information and resources on the Path to U.S. Citizenship and Adoption webpages. We also have webpages dedicated to helping you understand citizenship for adoptees, including:

• Your New Child’s Immigrant Visa
• After Your Child Enters the United States
• U.S. Citizenship for an Adopted Child
• Citizenship Through Parents

Authorized Legal Help

See the authorized legal help webpage.