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Foreign Adoptee Citizenship

Are You a Foreign Adoptee – and Not Sure If You’re a U.S. Citizen?

Recent headlines have revealed a growing crisis: international college students are losing their visas and being forced to leave the U.S. This is causing fear in college students and adults who discover they’re not U.S. citizens – even though they were adopted by U.S. parents, raised in American households, and in some cases even issued a U.S. passport or birth certificate.

This is a serious issue for thousands of foreign-born adoptees. If you or someone you love was adopted from another country, it’s important to understand that having a U.S. birth certificate or passport does not guarantee citizenship.

Why Some Foreign Adoptees Are at Risk

Many children adopted internationally by U.S. citizens have lived in the United States for decades, fully believing they are citizens. Unfortunately, not every adoption automatically results in U.S. citizenship.

If your parents never completed the proper immigration or naturalization process, you may have no lawful status at all.

That means:

 

  • You may be ineligible for financial aid or certain jobs 
  • You could face deportation – even after years in the U.S. 

Even a U.S. Passport or Birth Certificate Isn’t a Guarantee

It’s heartbreaking, but true: U.S. passports can be issued in error. A U.S. birth certificate issued by your adoptive parents’ home state does not confirm legal citizenship unless your adoption and immigration paperwork was completed and approved through U.S. Citizenship and Immigration Services (USCIS).

You could be at risk if:

  • You were adopted internationally, especially before 2001 
  • You were not issued a Certificate of Citizenship 
  • Your adoptive parents did not apply for naturalization on your behalf 
  • You’ve never confirmed your citizenship with USCIS 

The Child Citizenship Act of 2000: What It Means

The Child Citizenship Act (CCA), effective February 27, 2001, made it easier for some adopted children to automatically acquire citizenship if certain conditions are met, including:

  • At least one adoptive parent is a U.S. citizen 
  • The child is under 18 years old 
  • The child is residing in the U.S. as a lawful permanent resident 
  • The adoption is legally finalized 

However, this law is not retroactive for individuals who were over 18 in 2001. If you were adopted before the law went into effect and your parents did not complete your naturalization, you may still be undocumented today.

What To Do If You’re Not Sure About Your Citizenship Status

If you’re a foreign-born adoptee and unsure of your legal status, don’t wait. You need to take immediate steps to protect yourself.

  1. Gather Documents
    Find your adoption records, green card (if any), passport(s), and any USCIS or immigration documents your parents may have filed.
  2. Check for a Certificate of Citizenship
    If you don’t have a Certificate of Citizenship or a naturalization certificate, your status may not be confirmed – regardless of any passport or state birth certificate.
  3. Speak with an Immigration Attorney
    At Godoy Law Office Immigration Lawyers Immigration Lawyers, we can review your history, determine whether you meet the requirements for automatic or derived citizenship, and help you apply for a Certificate of Citizenship (Form N-600) or go through the naturalization process.

FAQs: Foreign Adoptees and U.S. Citizenship

Can I be a U.S. citizen if I was adopted from another country?
Yes, but it depends on when you were adopted, your age at the time, your parents’ citizenship, and whether they completed the necessary immigration steps.

What is a Certificate of Citizenship?
This is an official document issued by USCIS that proves you are a U.S. citizen. It’s different from a passport and is often more secure proof of status.

I have a U.S. passport. Doesn’t that mean I’m a citizen?
Not always. Passports can be issued in error. If your underlying citizenship claim was not legally established, the government can revoke your passport.

What if I was adopted before 2001?
If you were 18 or older when the Child Citizenship Act took effect in 2001, it does not apply to you. You would have needed to go through the naturalization process to become a citizen.

Can I fix my status now?
Yes. If you qualify for derived citizenship, you can file Form N-600. If not, you may be eligible to apply for naturalization. An immigration attorney can guide you through the right path.

Learn More: 

Take Action – Know Your Status

Don’t wait for your status to be questioned when applying for college, financial aid, a job, or renewing your passport. Your future depends on it.

At Godoy Law Office Immigration Lawyers, we help foreign-born adoptees confirm their legal status, file for citizenship, and avoid painful disruptions to their lives.

 

Questions About Your Citizenship Status?


📞 Call 855-908-3963
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📍 Serving all 50 states from 6 convenient Chicago locations:

 

Oak Brook • Waukegan • Elgin • Orland Park • Berwyn • Aurora

 

Mario Godoy
Mario Godoy
Immigration Lawyer and Illinois Crimmigration Attorney

Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

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