In the past, acquiring citizenship — a pre-requisite for a passport — for a child adopted abroad was both time consuming and expensive. However, acquiring U.S. citizenship for you child became much easier following the The Child Citizenship Act of 2000. Any child adopted overseas acquires U.S. citizenship automatically if the circumstances of the adoption fulfill one of three requirements:
1) If the child is in the “legal and physical custody” of a U.S. citizen, the child is eligible for citizenship.
2) If the child is admitted to the United States as an “immigrant for lawful permanent residence”.
3) If the child’s adoption is finalized.
It is important to be aware, before a child’s U.S. parent(s) can apply for citizenship and a passport, the child’s adoption must be recognized by the United States Department of State. The U.S. does not necessarily recognize the legality of an adoption that occurs in another country. Hence, just because another country recognizes the adoption does not mean the child is automatically eligible for a U.S. passport to travel of his or her country of birth.
Unrecognized adoption
If the United States Department does not recognize the adoption of a child, the U.S. parents can still apply for citizenship by filing either a IH-4 or IR-4 visa application. These applications require a fee as well as passport photos. The child passport photos must meet U.S. Department of State standards.
Adult children of U.S. citizens who have never applied for citizenship themselves can do so by applying for citizenship through naturalization. This requires the filing of an N-400 form. Particularly if a child’s parents were married at the time the child was born, the adult child of a U.S. Citizen(s) has a very good chance of being recognized as a naturalized citizen and may be eligible for a U.S. Passport.
Upon being recognized as a naturalized U.S. Citizen, both a child or an adult are eligible for a U.S. Passport. All that is required is the completion of a DS-11 Form accompanied by the child’s adoption papers or U.S. Child Born Abroad Birth Certificate, a fee, and two passport photos that meet Department of State Standards.
