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Is a Foreign Child Automatically a Citizen When Adopted By Parents in the U.S.?

Is a Foreign Child Automatically a Citizen When Adopted By Parents in the U.S.?

Q: Does my minor child automatically become a U.S. citizen?

A minor child can automatically become a U.S. citizen if at least one parent is a U.S. citizen and the child meets certain conditions, such as being under 18 years old and residing in the U.S. with the citizen parent. The specific circumstances, like the child's immigration status, can affect this automatic citizenship.

Q: Who automatically becomes a U.S. citizen at birth?

Individuals born to U.S. citizen parents are automatically U.S. citizens at birth, regardless of the location of birth. This includes children born abroad. Parents must register the birth with a U.S. embassy or consulate to obtain proof of citizenship, such as a U.S. passport.

Full question:

if a foreign born baby is adopted by 2 parents who are u s citizens is the baby automatically a u s citizen as well /

Category: Adoption
Date: 04/07/2025
State: New York

Answer:

If a child adopted internationally enters the U.S. on an IR-3 visa and fits the USCIS definition of “orphan,” the child will be a U.S. citizen under the Child Citizenship Act of 2000. To be eligible for coverage under this law, a child must satisfy the USCIS definition of “child” by meeting the following requirements:

•The child has at least one U.S. citizen parent;
•The child is under 18 years of age;
•The child is currently residing permanently in the U.S. in the legal and physical custody of the U.S. citizen parent; and
•The child is a lawful permanent resident of the U.S.

When citizenship applies depends on the type of visa issued. If the adoption was finalized in the foreign country and the child has been issued an IR-3 visa, citizenship automatically applies when the child legally enters the United States. If the adoption was not finalized abroad and the child was issued an IR-4 visa (which requires parents to adopt or re-adopt the child in the United States), citizenship applies instantly on the day the adoption is finalized in the United States.

However, proof of citizenship (such as U.S. passports or official citizenship certificates) is not automatically issued when a child holding an IR-4 visa qualifies for U.S. citizenship under this law. Beginning January 20, 2004, all internationally adopted children entering the U.S. on an IR-3 visa will automatically receive a Certificate of Citizenship within 45 days of their entry into the United States.

Parents who want to document their child’s citizenship can apply for a U.S. passport from the Department of State and/or can apply for a Certificate of Citizenship from USCIS. To apply for the Certificate of Citizenship for an internationally adopted child, parents must file USCIS Form N-600 along with a filing fee and required supporting documentation.

FAQs

What happens if two U.S. citizens have a baby in another country?

If two U.S. citizens have a baby in another country, the child is generally a U.S. citizen at birth. To ensure citizenship, parents should register the birth with the nearest U.S. embassy or consulate. They will need to provide proof of the parents' citizenship and the child's birth certificate. This process is important for obtaining a U.S. passport for the child.

Is a foreign adopted child automatically a U.S. citizen?

A foreign adopted child may automatically become a U.S. citizen if they enter the U.S. on an IR-3 visa after the adoption is finalized abroad. However, if the child enters on an IR-4 visa, they will not automatically gain citizenship until the adoption is finalized in the U.S. It's important for parents to understand the visa type to determine citizenship status.

Does my minor child automatically become a U.S. citizen?

Are foreign adopted children U.S. citizens?

Foreign adopted children can become U.S. citizens depending on their visa status upon entering the U.S. If they enter on an IR-3 visa, they automatically gain citizenship. If they enter on an IR-4 visa, they will become citizens once the adoption is finalized in the U.S. Parents should ensure they understand the implications of the visa type.

How do I get a U.S. passport for an internationally adopted child?

To obtain a U.S. passport for an internationally adopted child, parents need to provide proof of the child's U.S. citizenship, such as a Certificate of Citizenship or a U.S. birth certificate. They will also need to complete a passport application and provide identification for themselves. It's advisable to check the latest requirements with the U.S. State Department.