Amelia Blake

U.S. Citizenship for Internationally Adopted Children

Many American couples adopt children from other countries each year. If at least one parent is a U.S. citizen, the adopted child may qualify for U.S. citizenship. This guide outlines the processes and requirements for obtaining citizenship for internationally adopted children.

Forms N-600 and N-600K: Understanding the Differences

1. Form N-600: Application for Certificate of Citizenship
- Use when the child lives in the United States
- Provides proof of citizenship for children who have automatically acquired U.S. citizenship

2. Form N-600K: Application for Citizenship and Issuance of Certificate Under Section 322
- Use when the child lives outside the United States
- Allows U.S. citizen parents to apply for their child's naturalization

Automatic Acquisition of Citizenship for Children Living in the U.S.

Children living in the U.S. automatically acquire citizenship if they meet these requirements:

1. Qualify as an "adopted child" under the Immigration and Nationality Act (INA):
- Legally adopted before age 16
- In legal custody of adoptive parent(s) for at least two years
- In physical custody of adoptive parent(s) for at least two years

2. Meet eligibility criteria:
- Have a U.S. citizen parent (by birth or naturalization)
- Under 18 years old
- Lawfully entered the U.S. as a permanent resident
- In legal and physical custody of the U.S. citizen parent

Certificate of Citizenship

While citizenship is automatic if requirements are met, obtaining a Certificate of Citizenship from USCIS is recommended as proof. In some cases, children may automatically receive this certificate:

- Adoption finalized outside the U.S.
- Met all citizenship requirements before U.S. admission
- Both adoptive parents saw the child before or during adoption

These children are typically admitted under IR-3 or IH-3 visa categories and receive their certificate within 45 days of admission.

Naturalization for Children Living Outside the U.S.

For children living abroad, parents can file Form N-600K. Eligibility requirements include:

1. Child qualifies as an "adopted child" under the INA

2. Meets Section 322 criteria:
- At least one parent is a U.S. citizen
- U.S. citizen parent has been physically present in the U.S. for at least 5 years (2 years after age 14)
- Child is under 18
- Child resides in physical and legal custody of U.S. citizen parent
- Child will be lawfully present in the U.S. for the naturalization interview

Filing Form N-600K

Key points when completing the form:

- Provide accurate information about the child and parent(s)
- Include details about U.S. residency requirements
- Choose a USCIS field office and interview date (at least 90 days after filing, before child's 18th birthday)
- Include required signatures and interpreter/preparer information if applicable

Supporting Documentation

Submit relevant documents as requested in the Form N-600K instructions, including certified English translations if necessary.

Submission and Payment

- File online or by mail
- Include Form G-1450 for credit card payments or a check/money order
- Send to the appropriate USCIS lockbox

Resources:

- USCIS - Citizenship for an Adopted Child: https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states/us-citizenship-for-an-adopted-child
- Form N-600 Information: https://www.uscis.gov/n-600
- Form N-600K Information: https://www.uscis.gov/n-600k

Disclaimer:

The information presented in this article is intended for academic and marketing purposes only and should not be construed as legal advice. It is essential to consult with a qualified immigration attorney or legal professional for accurate and up-to-date legal counsel specific to your individual circumstances. Laws and regulations are subject to change, and professional guidance is crucial to ensure compliance.

OpenSphere is a technology company and does not hold itself out as a law firm. It operates independently and is not affiliated with or endorsed by the U.S. Citizenship and Immigration Services (USCIS) or any government entity. OpenSphere, its authors, and agents do not warrant the accuracy or real-world applicability of the information herein, nor are they liable for any damages arising from reliance on this information.