Addressing Adoptee Citizenship Concerns

Recent news articles and public conversations about immigration, deportation, and birthright citizenship have led some intercountry adoptive parents to worry about their child’s citizenship status. This makes sense: The U.S. citizenship laws are relatively complex, and there have been news articles raising questions about whether adoptees would be impacted.

Intercountry adoptees who have acquired citizenship are not in danger of having their citizenship revoked.

We have compiled a list of Frequently Asked Questions to help address your concerns or questions.

Q:  Can the President or the Administration revoke or change my child’s citizenship status?

A:  No, once your child has lawfully obtained U.S. citizenship, it cannot be revoked or removed by the President or the Administration.

Q: My child is a U.S. citizen, but I’m still worried about someone trying to deport them. What should I do?

A: Although there is no reason to think adoptees are in danger, it’s a natural response for parents to worry about their children. Even without current news headlines discussing deportation, it is always crucial for adoptees to have their citizenship documentation in place. This includes their Certificate of Citizenship, which never expires, a Passport, which expires and needs to be renewed regularly, as well as any other birth or legal records.

Q: What are good ways to prove an adoptee’s citizenship status?

A: The best proof of U.S. citizenship is the Certification of Citizenship. Other forms of citizenship, including a passport, are helpful but expire. The Certificate of Citizenship does not expire and is proof of an individual’s U.S. citizenship. If adoptive parents do not have a Certificate of Citizenship for their child, it is highly recommended that they obtain one.

Q: I did not obtain a Certificate of Citizenship because of the cost.  Is it enough to have a Passport?

A: Passports expire. USCIS removed the cost barrier a few years ago. Here is the link for ordering a Certificate of Citizenship: https://www.uscis.gov/n-600

Q: I’m concerned my adoptee is not a citizen. What should I do?

A:  In recent decades, if the family adopted through the Department of State approved processes, most intercountry adoptees have automatically obtained U.S. citizenship once their adoption is final and complete. However, there are some cases where a foreign-born adoptee may not have citizenship. If you are concerned that your child does not have citizenship, please consult with an experienced adoption or immigration attorney to have clarity on this issue.

Q: What is birthright citizenship and does it apply to my child?

A: Birthright Citizenship refers to individuals who were born in the U.S., or who were born to individuals and at least one biological parent is a U.S. citizen, regardless of where the child was born. Intercountry adoptees do not gain U.S. citizenship through birthright citizenship. Instead, they obtain citizenship through legal immigration processes designed for intercountry adoption. The Child Citizenship Act of 2000 created a streamlined process for how adoptees obtain this citizenship.