Passports for intercountry adoptees

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.

3 circumstances where you will need to renew your passport

Many people don’t often think about renewing their passports. After all, your passport is valid for a period of 10 years if you were aged 16 or older when it was issued. However, there are reasons you may need to renew your passport sooner rather than later.

1. If your passport is expired or expiring soon

The issue date of your passport is located on the data page at the front of the booklet. The U.S. Department of State recommends renewing your passport at least six months before it expires. Some countries will not permit you to enter if your passport will expire within six months and especially if it will expire while you are present in the country. If your passport has already expired, you can still renew it instead of applying for a new one if you meet certain requirements. Simply apply with form DS-82 through the mail.

2. If your passport is badly damaged

It’s expected that passports will experience some wear and tear over several years of use, and bended corners or frayed pages are not considered sufficient enough damage to require a new passport. However, if your passport is damaged to the point where it is difficult or impossible to decipher identifying information, you will need a new one. Significant damage may include water damage, large tears, unofficial markings on the data page, missing visa pages, holes, or other obstructions. To replace a damaged passport, you will need to apply in person and present the damaged passport, a statement explaining the damage, and form DS-11.

3. If your name has changed

Whether you changed your name through marriage, divorce, or court proceedings, you will need to update your passport accordingly. If your passport was issued within the last year, you’re in luck. You simply need to submit form DS-5504 through the mail with your passport, your original or certified name change document, and a valid passport photo. If your passport was issued over a year ago, you must submit form DS-82 through the mail with all required documents, as well as pay all applicable fees.

Don’t wait until it’s too late. Keep your passport up to date!