Immigrants & Immigration

Adopting a child is a very difficult process. It is not recommended that you try to do it without a lawyer Someone who represents clients in courts or who gives legal advice . However, in some cases, a child can receive citizenship if they are adopted by a US citizen.

To qualify for US citizenship through adoption When an adult becomes a child's legal parent by a US citizen, a child must be adopted before turning 16. Biological siblings who are adopted by the same US citizen parent(s) as a child under 16 may also qualify if they have not yet turned 18.​

Adopted children qualify for US citizenship if they have been in the legal custody of their adoptive parent(s) for at least two years. They must also have lived with the parent(s) for that time. The two-year period does not need to be continuous. There can be breaks as long as the total time adds up to two years. Adopted children would also qualify for US citizenship if:  

• They are orphans and a US citizen parent is bringing them to the US to be adopted or is adopting them abroad under the laws of the child’s country, or
• They are being adopted under the international Hague Adoption Convention.

The adoption must also: 

• Be legally valid in the place granting the adoption;​
• Create a permanent legal parent-child relationship between the child and the new legal parent, and​
• End the legal parent-child relationship with the prior legal parent(s)​.​

In all these cases, the US citizen parent sponsors the adopted child for lawful permanent resident (LPR) or green card status. Once the LPR status is approved, the child becomes a US citizen automatically, without having to complete any other applications. 

The parent might still want to apply for documents that show that the child is a US citizen, such as a US passport A document that lets a person travel outside the country issued by the State Department or a certificate of citizenship issued by US Citizenship and Immigration Services (USCIS). In international orphan adoption cases, USCIS will issue a citizenship certificate without the parents needing to apply for one.

Learn more about immigration and citizenship through adoption on the USCIS website. Talk to an immigration lawyer if you have any questions about the process.

Stepchildren

A stepchild cannot receive US citizenship through a US citizen stepparent. The child can qualify only if they are adopted by the US citizen stepparent. The adoption must meet the requirements described above.

A stepparent can still petition (noun) A written request to a court (verb) To request from a court for a stepchild to receive lawful permanent resident or green card status. The child could then become a US citizen through the normal naturalization process after turning 18.

If the child’s biological parent becomes a US citizen before the child turns 18, and the child is already a lawful permanent resident, the child will receive US citizenship through the biological parent.