US Sets Three Conditions for Adopted Children's Citizenship

The US Citizenship and Immigration Services (USCIS) has established three requirements for foreign-born adopted children of American citizens to automatically gain US citizenship under the Child Citizenship Act (CCA). These conditions, outlined in Section 320 of the Immigration and Nationality Act (INA), state that the child must qualify as a child under specific subsections of INA 101(b)(1), must have been admitted to the United States as a lawful permanent resident, and must be living in the country under the legal and physical custody of at least one parent.

Additionally, the child must have been under 18 years old as of February 27, 2001, and the adoptive parents must have completed a final adoption before the child qualifies. For children living outside the United States, they may apply for naturalization through their US citizen adoptive parents by filing Form N-600K under INA Section 322, which requires an interview and, for those over 14, taking the Oath of Allegiance.

Adopted children who do not meet these requirements will remain Lawful Permanent Residents (LPRs) and can apply for US citizenship through the standard naturalization process upon turning 18.