Clarification for Adopted Children of U.S. Citizens

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Clarification for Adopted Children of U.S. Citizens

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USCIS updated Volumes 5 and 12 the USCIS Policy Manual on April 21, 2023. These sections contain information regarding the adoption of children born abroad and the requirements for citizenship and naturalization. In particular, this update helped to clarify the requirements for how to make an adopted child U.S. citizen. The highlights include:

  • Clarifying how citizenship and naturalization provisions apply to adopted children (for the orphan, Hague, and family-based petition processes).
  • Describing requirements for adopted children to meet the definition of a child for citizenship and naturalization purposes, including having an adoption that is considered full, final, and complete for immigration purposes.
  • Explaining eligibility for U.S. citizenship for adopted children who reside in the United States and how to obtain a Certificate of Citizenship.
  • Explaining eligibility for U.S. citizenship for adopted children who reside outside of the United States and how to apply for citizenship and issuance of a certificate.
  • Clarifying that a child may still qualify for citizenship, depending on the circumstances, if the adoption is disrupted or dissolved.[1]

Although this update did not alter any of the requirements of citizenship for adopted children, hopefully, the new guidance will assist individuals in figuring out the best way to pursue such citizenship. If you have questions about citizenship for adopted children, contact our office for a consultation today.

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