The Immigration and Nationality Act (INA) provides two different definitions of “child.” [1] One definition of child applies to immigrant petitions and applications for lawful permanent residence. [2] The other definition of child applies to citizenship and naturalization. [3]
The definition of child for purposes of immigrant petitions and applications for lawful permanent residence includes certain children who have not yet been adopted or whose adoption is not considered final. [4] However, an adopted child for citizenship and naturalization purposes is a child who has met the applicable adoption-based immigration requirements [5] and has been adopted through a full, final, and complete adoption. [6]
To meet the definition of adoption for immigration purposes, an adoption must create a legal status comparable to that of a natural legitimate child between the adopted child and the adoptive parent. [7]
For an adoption to be considered full, final, and complete for citizenship and naturalization purposes, [8] the adoption must meet the additional requirements described below if the child is qualifying under the orphan [9] or Hague Adoption Convention [10] provisions. [11]
Orphan and Hague Adoption Convention Provisions
For the foreign adoption of an orphan to be considered full, final, and complete for citizenship and naturalization purposes:
For the foreign adoption of a Hague Convention adoptee to be considered full, final, and complete for citizenship and naturalization purposes, the child must have been adopted by a U.S. citizen and their spouse jointly (if married) or by an unmarried U.S. citizen who is at least 25 years of age. [13]
For children residing in the United States, if the foreign adoption is not considered full and final, or the child immigrated with a custody order for purposes of emigration and adoption, the child must be readopted or adopted in the United States to meet the definition of adopted. [14] However, USCIS may waive readoption requirements if the adoptive parent(s)’ U.S. jurisdiction of residence recognizes (judicially or by operation of law) the foreign adoption as full and final under that state's adoption laws before the child is age 18. [15]
For children residing outside of the United States, if the foreign adoption in the child’s country of origin is not considered full and final, or the child was issued a custody order for purposes of emigration and adoption, the child must be readopted or adopted through a full, final, and complete adoption before age 18 to naturalize under INA 322. [16]
The table below outlines the different immigrant visa classifications [17] issued to a child depending on whether the parents completed a final adoption or obtained legal custody for emigration and adoption.
| Code | Classification Name | Application Process |
|---|---|---|
| IR-3 | Orphan – “full and final” adoption abroad | Consular processing |
| IR-4 | Orphan – coming to the United States to be adopted | Consular processing |
| IR-8 | Orphan – “full and final” adoption abroad | Adjustment of status |
| IR-9 | Orphan – coming to the United States to be adopted | Adjustment of status |
| IH-3 | Hague adoptee – final adoption abroad | Consular processing |
| IH-4 | Hague adoptee – coming to the United States to be adopted | Consular processing |
| IH-8 | Hague adoptee – final adoption abroad | Adjustment of status |
| IH-9 | Hague adoptee – coming to the United States to be adopted | Adjustment of status |
[^ 3] See INA 101(c). See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization [12 USCIS-PM-H.2].
[^ 5] The child must meet the requirements for family-based adoption at INA 101(b)(1)(E), orphans at INA 101(b)(1)((F), or Hague Convention adoptees at INA 101(b)(1)(G). See Part E, Family-Based Adoption Petitions [5 USCIS-PM E]. See Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C]. See Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D].
[^ 6] See 8 CFR 320.1 and 8 CFR 322.1. For information on requirements for an adoption to be considered valid for immigration purposes see Part A, Adoptions Overview, Chapter 4, Adoption Definition and Order Validity [5 USCIS-PM A.4].
[^ 7] See Matter of Mozeb (PDF), 15 I&N Dec. 430 (BIA 1975). For the definition of adoption, see Part A, Adoptions Overview, Chapter 4, Adoption Definition and Order Validity [5 USCIS-PM A.4].
[^ 9] For information on the orphan provision, see INA 101(b)(1)(F). See Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C].
[^ 10] For information on the Hague Adoption Convention provision, see INA 101(b)(1)(G). See Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D].
[^ 11] The additional requirements described in the “Orphan and Hague Adoption Convention Provisions” section for an adoption to be considered full, final, and complete for citizenship and naturalization purposes do not apply if a child meets the requirements of the family-based adoption provision at INA 101(b)(1)(E).
[^ 14] The child must be adopted and meet all eligibility requirements before the age of 18 to acquire citizenship under INA 320. See the definition of adopted at 8 CFR 320.1.
[^ 15] See 8 CFR 320.1. For additional information on state readoption and recognition, see the Child Welfare Information Gateway’s State Laws Related to Adoption webpage.
[^ 17] Children who reside abroad who naturalize through the Application for Citizenship and Issuance of Certificate Under Section 322 (Form N-600K) process are only required to be temporarily lawfully present, and typically are not issued immigrant visas.
INA 101(b)(1) - Definition of child
INA 101(c) - Definition of child for citizenship and naturalization
INA 320, 8 CFR 320 - Children residing permanently in the United States
INA 322, 8 CFR 322 - Children residing outside the United States
INA 341, 8 CFR 341 - Certificates of citizenship
Other MaterialsClassification Name [2]
Citizenship Acquisition (if otherwise eligible)
Process for Obtaining a Certificate of Citizenship*
Orphan – “full and final” adoption abroad
Automatically acquires citizenship upon being admitted as a lawful permanent resident (LPR) if under 18 years old and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent.
USCIS generally automatically sends a child under 14 years of age the Certificate of Citizenship within 60 days of the child being admitted. Children 14 years of age or older at the time of their admission are also automatically issued a Certificate of Citizenship but must collect their Certificate of Citizenship at a USCIS field office after taking the oath.
An Application for Certificate of Citizenship (Form N-600) [3] is not required.
Orphan – coming to the United States to be adopted [4]
Must be adopted in the United States, readopted in the United States, or show that the adoptive parent(s)’ U.S. jurisdiction of residence recognizes the foreign adoption before the child can acquire citizenship.
Automatically acquires citizenship after being admitted as an LPR and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent, when the adoption is considered full, final, and complete, and the other requirements of INA 320 are met.
File Form N-600 after obtaining an adoption that is considered full, final, and complete, and the other requirements of INA 320 are met.
* Note that children 14 years of age and older need to take the Oath of Allegiance before a USCIS officer, unless waived, to be issued a Certificate of Citizenship.
Citizenship Acquisition (if otherwise eligible)
Process for Obtaining a Certificate of Citizenship*
Hague Convention adoptee – final adoption abroad
Automatically acquires citizenship upon being admitted as an LPR if under 18 years old and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent.
USCIS generally automatically sends a child under 14 years of age the Certificate of Citizenship within 60 days of the child being admitted. Children 14 years of age or older at the time of their admission are also automatically issued a Certificate of Citizenship but must collect their Certificate of Citizenship at a USCIS field office after taking the oath.
A Form N-600 is not required.
Hague Convention adoptee – coming to the United States to be adopted [6]
Must be adopted in the United States, readopted in the United States, or show that the adoptive parent(s)’ jurisdiction of residence recognizes the foreign adoption before the child can acquire citizenship.
Automatically acquires citizenship after being admitted as an LPR and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent, when the adoption is considered full, final, and complete, and the other requirements of are met.
File Form N-600 after obtaining an adoption that is considered full, final, and complete and the other requirements of INA 320 are met.
* Note that children 14 years of age and older need to take the Oath of Allegiance before a USCIS officer, unless waived, to be issued a Certificate of Citizenship.
Citizenship Acquisition (if otherwise eligible)
Process for Obtaining a Certificate of Citizenship*
Child of a U.S. citizen
Automatically acquires citizenship upon being admitted as an LPR if under 18 years old and residing in the United States in the legal and physical custody of the U.S. citizen adoptive parent.
File Form N-600 after being admitted as an LPR.
Child of a U.S. citizen
(Adjustment of status)
Automatically acquires citizenship upon approval of the Application to Register Permanent Residence or Adjust Status (Form I-485) if under 18 years old and residing in the legal and physical custody of the U.S. citizen adoptive parent.
File Form N-600 after the Form I-485 is approved and the other requirements of are met.
Child (under 21) of an LPR
May acquire citizenship if the parent naturalizes while child is under 18 and an LPR.
If the child is over 18, they may be eligible for naturalization.
File Form N-600 after being admitted as an LPR and the other requirements of INA 320 are met.
Or file an Application for Naturalization (Form N-400) [10] to apply for naturalization when eligible.
Child (under 21) of an LPR
(Adjustment of status)
May acquire citizenship through parent if the parent naturalizes while the child is under 18 and an LPR.
If the child is over 18, they may be eligible for naturalization.
File Form N-600 if the requirements of INA 320 are met.
Or file Form N-400 to apply for naturalization when eligible.
Unmarried son or daughter of a U.S. citizen (age 21 and older)
Noncitizens age 18 and older cannot acquire citizenship through a parent.
File Form N-400 to apply for naturalization when eligible.
Unmarried son or daughter of a U.S. citizen
(age 21 and older)
(Adjustment of status)
Noncitizens age 18 and older cannot acquire citizenship through a parent.
File Form N-400 to apply for naturalization when eligible.
Unmarried son or daughter of an LPR
(age 21 and older)
Noncitizens age 18 and older cannot acquire citizenship through a parent. Additionally, cannot acquire citizenship through an LPR parent.
File Form N-400 to apply for naturalization when eligible.
Unmarried son or daughter of an LPR
(age 21 and older)
(Adjustment of status)
Noncitizens age 18 and older cannot acquire citizenship through a parent. Additionally, cannot acquire citizenship through an LPR parent.
File Form N-400 to apply for naturalization when eligible.
Married sons or daughters of a U.S. citizen
Married noncitizens cannot acquire citizenship through a parent.
File Form N-400 to apply for naturalization when eligible.
Married sons and daughters of a U.S. citizen
(Adjustment of status)
Married noncitizens cannot acquire citizenship through a parent.
File Form N-400 to apply for naturalization when eligible.
*Note that children 14 years of age and older need to take the Oath of Allegiance before a USCIS officer, unless waived, in order to be issued a Certificate of Citizenship.
[^ 1] Certain adopted children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may also acquire citizenship under INA 320. See INA 320(c). For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship After Birth (INA 320), Section C, Children of Armed Forces Members or U.S. Government Employees (or their Spouses) [12 USCIS-PM H.4(C)].
[^ 2] For information on visa classification requirements, see Part F, Citizenship for Adopted Children, Chapter 2, Definitions [5 USCIS-PM F.2].
[^ 3] See Application for Certificate of Citizenship (Form N-600).
[^ 4] This includes children in the legal custody of their prospective adoptive parents for purposes of emigration and adoption, children where both parents of a married couple did not jointly adopt the child, and children where at least one of the adoptive parents did not personally see and observe the orphan before or during the foreign adoption proceedings. See INA 101(b)(1)(F).
[^ 5] Certain adopted children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may also acquire citizenship under INA 320. See INA 320(c). For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship After Birth (INA 320), Section C, Children of Armed Forces Members or U.S. Government Employees (or their Spouses) [12 USCIS-PM H.4(C)].
[^ 6] This includes children in the legal custody of their prospective adoptive parents for purposes of emigration and adoption and children where both parents of a married couple did not jointly adopt the child. See INA 101(b)(1)(G).
[^ 7] See Petition for Alien Relative (Form I-130).
[^ 8] A stepchild cannot acquire citizenship or naturalize through the U.S. citizen stepparent unless the stepparent adopts the stepchild, and the adoption meets certain requirements. See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section A, Definition of Child [12 USCIS-PM H.2(A)]. See the Immigration, Adoption, and Citizenship for Stepchildren of U.S. Citizens and LPRs webpage.
[^ 9] Certain adopted children of U.S. armed forces members or U.S. government employees (or their spouses) who are residing outside the United States may also acquire citizenship under INA 320. See INA 320(c). For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship After Birth (INA 320), Section C, Children of Armed Forces Members or U.S. Government Employees (or their Spouses) [12 USCIS-PM H.4(C)].
[^ 10] See Application for Naturalization (Form N-400).
Appendix: How Previous Citizenship Provisions Apply to Adopted ChildrenAdoptees do not qualify for automatic citizenship under the current INA 320 provisions if they were 18 years of age or older on February 27, 2001 (that is, were born on or before February 27, 1983). However, they may have obtained citizenship under a different law if their adoptive parent(s) were or became U.S. citizens. The law under which an adopted child may have obtained citizenship is the law that was in effect [1] while the adopted child was under the age of 18. [2]
Additionally, adoptees who did not obtain citizenship through their adoptive parents may obtain citizenship under a different law. [3]
Citizenship and Naturalization Laws (Before October 5, 1978)
Before October 5, 1978, there were no statutory provisions that provided for the automatic acquisition of citizenship by adopted children through their adoptive parents (unless the child was adopted by their biological father and the adoption legitimated the child). An adopted child may, however, have obtained citizenship if the adoptive parents applied for naturalization on the adopted child’s behalf. The adopted child must have met the requirements under the applicable law (former INA 323), had their application approved, and taken the Oath of Allegiance before reaching the age of 18.
Citizenship and Naturalization Laws (October 5, 1978 - February 27, 2001) [4]
Adoptive Parents Were U.S. Citizens at Time of Adoption
If the adoptive parents were both U.S. citizens at the time of the adoption, there was no path for an adopted child to automatically derive citizenship through them.
The adopted child may, however, have obtained citizenship through the child’s U.S. citizen adoptive parent(s), if the adoptive parent(s) applied for a Certificate of Naturalization or a Certificate of Citizenship on the adopted child’s behalf (under former INA 322). The adopted child must have met the requirements under the applicable law (former INA 322), had their application approved, and taken the Oath of Allegiance before reaching the age of 18 (unless waived).
Adoptive Parent(s) Naturalized After Adoption
If the adoptive parents were not U.S. citizens at the time of the adoption, or one parent was a U.S. citizen and one was not, and the noncitizen parent(s) later became naturalized U.S. citizens before the adopted child turned 18, the adopted child may have automatically derived citizenship. The adopted child must have met the requirements under the applicable law (former INA 320 or 321). If the adopted child automatically derived citizenship under former INA 320 or 321, they may file Application for Certificate of Citizenship (Form N-600), to seek documentation of their citizenship, or they may apply for a U.S. passport with the Department of State to serve as evidence of their U.S. citizenship.
The following table provides an overview of how previous provisions for automatic derivation of citizenship apply to adopted children.
Period in which the Last Action Took Place [5]
Citizenship Status of Adoptive Parent(s)
Derivation of Citizenship for Adopted Children [6]
Before Dec. 24, 1952
Adopted children cannot derive U.S. citizenship.
On or After
Dec. 24, 1952
and Before
Oct. 5, 1978
Adopted children cannot derive U.S. citizenship, unless adopted by their biological father and adoption legitimates the child.
However, adoptive parent(s) could apply for naturalization on behalf of certain adopted children. [7]
On or After
Oct. 5, 1978
and Before
Feb. 27, 2001
Adoptive parent(s) were U.S. citizens at time of adoption
If the adoptive parent(s) were both U.S. citizens at the time of the child’s adoption, there was no path for the adoptee to derive citizenship through the adoptive parent(s).
However, adoptive parent(s) could apply for naturalization on behalf of certain adopted children. [8] To obtain citizenship based on an adoptive relationship, the child must have been adopted by a certain age depending on the period of last action. [9]
On or After
Oct. 5, 1978
and Before
Feb. 27, 2001
Note: To obtain citizenship based on an adoptive relationship, the child must have been adopted by a certain age depending on the period of last action. [10]
Adoptive parent(s) naturalized after adoption
The child derived U.S. citizenship if the child was lawfully admitted as a permanent resident, was in the custody of the adoptive parents, and was residing in the United States at the time of naturalization of the adoptive parent(s), as described below: [11]
[^ 1] This is generally former INA 320 or former INA 321. The adopted child must have also met requirements applicable to adopted children under U.S. immigration laws that were in effect during the time period.
[^ 2] For adoptees who need more information about determining their immigration status, see the Adult Adoptees and U.S. Citizenship webpage.
[^ 3] For information on the different paths to citizenship, see Volume 12, Citizenship and Naturalization [12 USCIS-PM].
[^ 4] See the Act of October 5, 1978, Pub. L. 95-417 (PDF) (October 5, 1978). See Section 18 of the Immigration and Nationality Act Amendments of 1981, Pub. L. 97-116 (PDF), 95 Stat. 1611, 1620 (December 29, 1981). See former INA 320. See former INA 321.
[^ 5] For example, the child’s admission as a lawful permanent resident or the finalization of the child’s adoption as the final criteria for eligibility took place during the described time period.
[^ 6] Some adopted children who did not derive citizenship through their adoptive parent(s) may have obtained citizenship if the law at the time allowed their adoptive parent(s) to apply for citizenship or naturalization on their behalf, and their parents did so. The adopted child must have met the requirements under the applicable law, had the application approved, and taken the Oath of Allegiance before reaching the age of 18 (unless waived). Adoptees whose parents did not apply for citizenship or naturalization on their behalf may apply for naturalization when eligible. See Part D, General Naturalization Requirements [12 USCIS-PM D].
[^ 7] See former INA 323.
[^ 8] See former INA 322.
[^ 9] From October 5, 1978, until December 28, 1981, the adoption must have taken place before the child turned 16 years of age. From December 29, 1981, until February 26, 2001, the adoption must have taken place before the child turned 18 years of age. Note that the child must have also met age-related requirements to immigrate based on adoption under INA 101(b)(1), which differ from age-related requirements for citizenship based on adoption. Under INA 101(b)(1)(E), a child must be under age 16 at time of adoption, unless a sibling exception applies. See Part E, Family-Based Adoption Petitions, Chapter 2, Eligibility [5 USCIS-PM E.2]. Under INA 101(b)(1)((F), a child must be under age 16 at the time the orphan petition is filed, unless an exception applies. See Part C, Child Eligibility Determinations (Orphan), Chapter 3, Identity and Age [5 USCIS-PM C.3].
[^ 10] From October 5, 1978, until December 28, 1981, the adoption must have taken place before the child turned 16 years of age. From December 29, 1981, until February 26, 2001, the adoption must have taken place before the child turned 18 years of age. Note that the child must have also met age-related requirements to immigrate based on adoption under INA 101(b)(1), which differ from age-related requirements for citizenship based on adoption. Under INA 101(b)(1)(E), a child must be under age 16 at time of adoption, unless a sibling exception applies. See Part E, Family-Based Adoption Petitions, Chapter 2, Eligibility [5 USCIS-PM E.2]. Under INA 101(b)(1)(F), a child must be under age 16 at the time the orphan petition is filed, unless an exception applies. See Part C, Child Eligibility Determinations (Orphan), Chapter 3, Identity and Age [5 USCIS-PM C].
[^ 11] The child must have met the requirements under the applicable law (former INA 320 or 321).