Citizenship & Documentation

How does citizenship affect adoptees?

Obtaining and proving U.S. citizenship can be a very complicated, confusing process and can affect adoptees throughout their lives. Our team strives to support Holt adult adoptees and adoptive parents through this process and assist with specific issues that may arise. 

Citizenship status affects many aspects of an adoptee’s life, including:

• Residency in the U.S. (and risk of deportation)

• Obtaining a driver’s license

• Obtaining or renewing a U.S. passport

• Federal student loan eligibility

• Enlisting in the armed services 

• Social Security benefits and services (including replacing, obtaining or changing one’s name on a Social Security card)

<strong>What is the difference between naturalization and citizenship?</strong>

Naturalization and citizenship are not necessarily the same thing, although the terms are often used interchangeably.  

Naturalization is the process of asking permission to become a U.S. citizen. Prior to 2001, all intercountry adoptees had to be naturalized to obtain U.S. citizenship, similar to adults who immigrate to the U.S. today.

Following the implementation of the Child Citizenship Act of 2000, or the amendment to the Immigration and Nationality Act Section 320, children who enter the U.S. for the purpose of adoption receive citizenship automatically when their adoption is finalized in a court recognized by the U.S. (among other requirements under this act).  Thus, after the Child Citizenship Act went into effect on February 27, 2001, many (but not all) adoptees no longer needed to ask permission (naturalization) for citizenship and did not have to meet the two-year residency requirement.

<strong>How do adoptees know if they qualify under the Child Citizenship Act of 2000?</strong>

Adoptees must have been born on or after February 28, 1983. They must also satisfy certain requirements before age 18, including: 

• Have at least one parent who is a U.S. citizen by birth or naturalization 
• Be admitted to the United States as an immigrant for lawful permanent residence 
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent 
• Their adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing. 

Adoptees born on or before February 27, 1983 are not eligible to receive automatic citizenship under the Child Citizenship Act of 2000, but they (or their adoptive parents) may apply for naturalization. 

Please visit the U.S. Citizenship and Immigration Services (USCIS) Child Citizenship Act of 2000 FAQ page for more information. 

<strong>What determines citizenship status?</strong>

There are several factors involved in determining U.S. citizenship. The primary method is by date of birth.

Following the implementation of the Child Citizenship Act of 2000, effective February 27, 2001, children who enter the U.S. for the purpose of adoption receive citizenship automatically when their adoption has been finalized in a court recognized by the U.S. (among other eligibility requirements).

Adoptees born on or after February 28, 1983 who travel to the U.S. with an IR-3/IH-3 visa no longer have to ask permission (naturalization) for citizenship. If the adoptee traveled with an IR/IH-4 visa (but was born on or after February 28, 1983), they must apply for citizenship after their adoption is finalized in the U.S. (USCIS Form N-600). Adoptions must be finalized before age 18.

Adoptees born on or before February 27, 1983 are not eligible to receive automatic citizenship and must apply for naturalization (if they were not naturalized after their adoption was finalized)

<strong>What is considered proof of citizenship?</strong>

You may have been asked recently for “proof of citizenship” or told that your social security number lists you as a permanent resident, not a citizen. We receive calls and emails daily from adYou may have been asked recently for “proof of citizenship” or told that your social security number lists you as a permanent resident, not a citizen. 

Some of these issues need to be resolved as quickly as possible to obtain a passport for an upcoming vacation, renew a driver’s license or register for college. Three documents can be used to prove your status as a U.S. citizen: 

• Certificate of Citizenship (COC) 
• Certificate of Naturalization (CON) 
• Unexpired and valid U.S. Passport 

Although a U.S. passport can only be obtained by a citizen, many government offices and colleges won’t accept it as proof of citizenship. Even if you haven’t had issues securing a passport or driver’s license in the past, you may encounter issues down the road. Parents and adoptees have reported that they are unable to renew an existing passport because a copy of a Certificate of Citizenship (COC) or Certificate of Naturalization (CON) was not included with their renewal paperwork. 

The COC is also now required by some DMVs to issue a new driver’s license or new ID card, or to replace a lost license. Social Security offices may refuse to replace a lost card without proof of citizenship, even if an adoptee previously had one for years. To receive social security benefits, an adoptee must also have proof of U.S. citizenship. College admissions offices, military enlistment offices, the Social Security Administration, and even insurance companies can require the COC. 

<strong>I</strong> did not receive a Certificate of Citizenship (COC) but qualify for automatic citizenship under the Child Citizenship Act of 2000. How do I get a COC?

Many intercountry adoptees are U.S. citizens, but may lack proof. For example, this is not uncommon for adoptees who traveled to the U.S. with an IR-3/IH-3 visa between 2000-2004 (the early years before and after the Adoptee Citizenship Act went into effect in 2001). 

If your adoption was recognized as final by the U.S. and you meet the other eligibility requirements of the Child Citizenship Act of 2000, but you did not receive a COC, you will need to apply for one using USCIS form N-600. The USCIS began automatically issuing COCs in the mid to late 2000s for those who traveled with an IR-3/IH-3 visa (adoption recognized as final prior to arrival to the U.S.).  Visit the USCIS website to learn more about acquiring a Certificate of Citizenship for Your Internationally Adopted Child.

If the adoptee is 14 years of age or older, they will need to complete the COC process in person at a USCIS field office. They may also need to attend a biometrics appointment.

<strong>How do I replace a lost or destroyed Certificate of Citizenship (COC) or Naturalization (CON)?</strong>

If your certificate has been lost or destroyed, you can apply for a replacement by completing the USCIS Application to Replace Certificate of Citizenship/Naturalization (form N-565). 

Please check the USCIS N-565 webpage for current fees and submission options.

<strong>I'm unsure whether </strong>the adoption was finalized or if I received a Certificate of Citizenship (COC) or Naturalization (CON). How do I find out?

Adoptees or adoptive parents may submit the Freedom of Information Act USCIS form G-639, either online or by mail (processing online submissions are usually faster), for access to their immigration records.