What Adult Adoptees Should Know About U.S. Citizenship

Understanding U.S. citizenship laws, particularly for adult adoptees, can be complex. While many believe that adoption automatically grants U.S. citizenship, this is not always the case. In fact, many adoptees—especially those adopted before certain legislative changes may find themselves without legal U.S. citizenship. This issue carries significant legal and personal implications, making it crucial for adoptees and their families to stay well-informed.

U.S. Citizenship for Adopted Adults

Adopted individuals often have different citizenship processes depending on whether they were adopted as children or adults. For children adopted by U.S. citizens, automatic citizenship is typically granted under certain conditions. However, for adult adoptees, the process is more complicated.

Key Differences Between Child and Adult Adoptions

1. Child vs. Adult Adoption: The Child Citizenship Act (CCA) of 2000 grants automatic citizenship to foreign-born children adopted by U.S. citizens, provided they are under the age of 18 when the law was enacted. This is not the case for adults adopted after they turned 18, nor for those adopted before the law was passed.
2. Gaps in Citizenship: Many adoptees who were legally adopted before the CCA did not automatically receive U.S. citizenship, even if they were living in the U.S. for years. This situation leaves them in a precarious legal state where they may not have citizenship despite being raised in the country.
3. Challenges for Adult Adoptees: Adult adoptees may not realize they are not citizens until they encounter issues such as difficulties with obtaining passports, voting, or employment. The lack of automatic citizenship can affect the ability to live and work in the U.S. without the added burden of navigating immigration laws.

Legal Pathways to U.S. Citizenship for Adult Adoptees

For adult adoptees who were not granted automatic citizenship through adoption, there are still legal pathways to achieve U.S. citizenship.

Naturalization: The Standard Process

Adult adoptees may be eligible for naturalization, the standard process through which foreign nationals become U.S. citizens. To apply for naturalization, applicants must typically:

• Be a lawful permanent resident (green card holder),
• Demonstrate good moral character,
• Pass a U.S. history and civics test, and
• Meet other eligibility criteria.

Special Cases for Adoptees

In some cases, adoptees may qualify for special consideration due to clerical errors, misunderstandings, or other circumstances preventing their automatic citizenship. These cases may allow for waivers or expedited processes.

Limitations of the Child Citizenship Act (CCA)

The CCA does not apply retroactively, which means it only covers children under the age of 18 when the law was enacted. Adult adoptees who were over 18 at the time the CCA became law are left without a direct path to citizenship under this act.

The Adoptee Citizenship Act: A Proposed Solution

The Adoptee Citizenship Act is a proposed bill that would help close the gaps in the current law. If passed, it would extend automatic U.S. citizenship to all adoptees, including those adopted before 2000, who were left out of the CCA’s provisions.

• Purpose: The bill would grant citizenship to adoptees who did not receive it previously, ensuring that they are legally recognized as U.S. citizens.
• Eligibility: It is aimed at adoptees who were legally adopted before 2000 and who did not automatically acquire citizenship.
• Current Status: While the bill has been introduced in Congress, it has not yet been enacted into law. Advocacy groups continue to work toward its passage to provide relief to thousands of adult adoptees who still lack U.S. citizenship.

Can a U.S. Citizen Adopt Someone Over 18?

A common question is whether a U.S. citizen can adopt an adult, and whether such an adoption automatically grants citizenship. While adult adoption is allowed in many states, it does not confer automatic citizenship.

• Legal Process: Adult adoption is generally handled at the state level, requiring the adoptee’s consent, a formal petition, and court approval. However, it does not lead to U.S. citizenship automatically.
• Citizenship Implications: Unlike the provisions for children under the CCA, adult adoptees must go through the naturalization process to become U.S. citizens.

If you are considering adopting an adult or are an adult adoptee seeking citizenship, it's essential to consult an immigration expert to understand the legal complexities involved.

Steps to Take if You’re an Adult Adoptee Without U.S. Citizenship

If you discover that you are an adult adoptee without U.S. citizenship, there are several important steps you can take to rectify your status.

1. Check Your Citizenship Status:

Request your immigration records from U.S. Citizenship and Immigration Services (USCIS) to determine if you were ever granted citizenship or if there is any confusion about your status.

2. Explore Naturalization Options:

If you are eligible, applying for naturalization might be the best option. Speak with an immigration attorney to learn more about the requirements and process.

3. Seek Legal Assistance:

Immigration laws can be complex, so it’s advisable to work with an experienced attorney who can guide you through the naturalization process or help you address any issues that may have kept you from receiving citizenship.

4. Stay Informed on Legislative Changes:

The Adoptee Citizenship Act could provide a new opportunity for citizenship. Keep an eye on legislative updates to see if the law passes, and ensure you’re taking steps in the right direction.

5. Gather Relevant Documents:

Make sure you have copies of your adoption records, immigration paperwork, and any other legal documents that may support your case for citizenship.

Conclusion

U.S. citizenship for adult adoptees is a complex issue, especially for those who were not automatically granted citizenship after adoption. While the Child Citizenship Act helped children adopted by U.S. citizens, it does not apply to those adopted after turning 18 or before 2000. The Adoptee Citizenship Act seeks to close this gap, but until it is passed, adult adoptees must explore other legal options. If you're an adult adoptee facing citizenship challenges, it’s essential to consult an immigration expert to understand your options. 

Schedule an appointment with Dr. Steven Gordon if you need an immigration medical examination, an essential step in obtaining permanent residency.