United States Citizenship and Procedure for Adopted Children
Question
IR-2; IR-3 and IH-3
IR-4 and IH-4 with
guardianship
IR-4 and IH-4 with
finalized adoption
from foreign
country
1
Necessary for state court
proceedings?
Not mandatory; If IR-2 and
IR-3 want domestic birth
certificates, can do this.
Not needed for IH-3, because
state is supposed to issue
one w/o court proceedings.
Yes
Yes
2
Necessary to domesticate
adoption?
No, see discussion above
regarding birth certificates
No, because there is not final
decree. May be necessary to
domesticate foreign
guardianship.
Yes
3
Necessary to apply for a
Certificate of Citizenship?
No, it will come automatically
from US CIS, Buffalo Office
Yes, if you want a Certificate of
Citizenship
Yes, if you want a
Certificate of
Citizenship
4
Can child be deported
without a Cert of
Citizenship
No. Child is a US citizen
No: Issue: is child a citizen?
No: Issue -Is child
citizen?
5 What if family never
domesticates foreign
decree or finalizes
adoption?
Irrelevant
Child remains a Legal
Permanent Resident subject to
risk of losing residency and
being deported or excluded
Child remains a
Legal Permanent
Resident subject to
risk of losing
residency and being
deported or excluded
6
Can child be deported
without a state court
No – child is a US citizen
Yes
Yes
proceeding?
Question
IR-2; IR-3 and IH-3
IR-4 and IH-4 with
guardianship
IR-4 and IH-4 with
finalized adoption
from foreign
country
7a How does child become a
USC in Question 5?
Automatically, through Child
Citizenship Act of 2000.
By Operation of Law
Child files N-400, 5 yrs after
age 18 or 3 yrs after being
married to a US citizen,
whichever event occurs first
Child files N-400, 5
yrs after age 18 or 3
yrs after being
married to a US
citizen, whichever
event occurs first
8 What
if
the
child’s
Residency Card expires?
They are only good for 10
years.
N/A
Child’s status as a
legal
permanent resident