Citizenship and Immigration Issues for Intercountry Adopted People: FAQ

We created this FAQ in response to the cases and questions we have been receiving online and in the Citizenship Clinic. This is an active document, and it will be updated whenever necessary.

Jump to: Documentation | FOIA | Denaturalization | Basics

Documentation Issues

What’s the difference between a US Passport and a Certificate of Citizenship?

There are two primary differences: 1) a US passport may be used to travel internationally, while a Certificate of Citizenship cannot be used as an accepted travel document; and 2) the Department of State issues US passports, while the US Citizenship and Immigration Service (USCIS) issues Certificates of Citizenship. Apart from these primary differences, a US passport, a Certificate Citizenship, and a Certificate of Naturalization are all legal evidence of US citizenship.

Other differences exist that are unrelated to US citizenship but make US passports less permanent than Certificates of Citizenship, most notably that US passports must be renewed. A Certificate of Citizenship is permanent and does not need to be renewed. In addition, the Department of State can revoke or refuse to issue a US passport for various reasons, including seriously delinquent taxes, child support arrears greater than $2,500, upon request by law enforcement officials in certain cases, or for reasons related to child trafficking. The USCIS, however, generally cannot revoke a Certificate of Citizenship unless there are extraordinary circumstances, essentially fraud in obtaining the certificate.

I have a Certificate of Naturalization. Should I also get a Certificate of Citizenship?

Nope, you cannot have both. You can only be issued one of these certificates, as they each require different processes and different legal requirements for issuance.

What’s the difference between a Certificate of Citizenship and a Certificate of Naturalization?

While both documents are legal proof of US citizenship, a person obtains one or the other certificate based on very different circumstances.

The USCIS issues a Certificate of Citizenship to people who “derive” US citizenship through a US citizen or naturalized parent, whether that parent is a biological parent or an adoptive parent. The requirements to derive US citizenship through a US citizen parent vary, but in the context of an intercountry adopted person, it generally requires three things:

1. Admission to the United States as a legal permanent resident (i.e., received a “green card”);
2. Full and final adoption by at least one US citizen parent, whether that occurred in the country of origin or in the United States;
3. Resided in the legal and physical custody of the adoptive parent(s) for at least two years.

Each of these must occur before the adopted person is 18 years of age, though they can occur in any order. That said, an intercountry adopted person who was born on or before February 27, 1983, does not qualify for derivative citizenship through a US citizen parent. They were too old when the current law (the Child Citizenship Act of 2000) went into effect. Unless they have already naturalized, their only option today as adults is to complete the naturalization process. This is the reason advocates continue to push Congress to enact the Adoptee Citizenship Act, which would remove the discriminatory age-based loophole in the law and provide derivative citizenship to all intercountry adopted people.

A Certificate of Naturalization is more difficult to obtain and requires a person to immigrate legally to the United States and to reside in the US for at least three years (if married to a US citizen) or five years (without relying on marriage to a US citizen) before applying to become a US citizen. In the application for naturalization, the person must show that they immigrated lawfully to the United States and that they do not have any circumstances disqualifying them from becoming a citizen. The disqualifying factors in US law are lengthy, but the more common possible disqualifying factors for intercountry adoptees include 1) a prior criminal conviction; or 2) a false claim of US citizenship; or 3) having voted in a federal election while knowing they were not a US citizen. In addition, an applicant for naturalization must demonstrate good moral character (GMC), pass civics and English language tests, and complete an interview with an immigration officer.

What do you recommend that I have for documentation of US citizenship?

We recommend, if possible, that you have three documents:

1. A US Passport book;
2. A US Passport card;
3. Either a Certificate of Citizenship or a Certificate of Naturalization

We recommend having a passport card because it can be easily carried with you and can be used whenever you need it for proof of US citizenship. You can then keep your passport book in a secure place, available for international travel when necessary.

I only have a passport book and not a passport card. Should I apply for a passport card?

We recommend having both the book and the card, but we also understand it creates anxiety when, in many cases, you must send your passport book to the Department of State when you apply for a separate passport card. If that’s too hard to do, don’t worry. Having a passport book is sufficient. But keep an eye out for new passport application processes. The Department of State recently added an online application process to renew passports (and request a passport card at the same time) without having to send in your passport book.

I cannot find my Certificate of Citizenship but I have a photocopy of it. Is the photocopy good enough for proof of my US citizenship?

It may work in a pinch, depending on who has asked for proof of your US citizenship. But a photocopy of a Certificate of Citizenship (or a Certificate of Naturalization), may not be sufficient proof of US citizenship for some government offices or for use in obtaining identity documents, such as US passports, state-issued identification, or employment authorization. If you currently have an unexpired US passport but do not have a Certificate of Citizenship or a Certificate of Naturalization, the US passport will be sufficient evidence of US citizenship. But if you’ve lost your Certificate of Citizenship or Certificate of Naturalization, we recommend you obtain a replacement certificate sooner than later.

I came to the United States as an intercountry adoptee in 1999 but I did not receive a Certificate of Citizenship. Some adoptees from my same country of birth have told me their parents got Certificates of Citizenship in the mail for them and they did not need to apply for it. Is that true? And why would some people need to apply for a Certificate of Citizenship while others do not need to do so?

This is a fairly technical answer, but it relates to the type of immigrant or “orphan” visa that a person used to enter the United States, in addition to the date you entered the United States. Beginning on January 1, 2004, the USCIS began mailing Certificates of Citizenship to eligible adopted children (or their parents) who entered the United States on an IR-3 visa. They did so without the need for a separate N-600 application. The USCIS, however, did not issue these retroactively to adoptees who entered the country prior to January 1, 2004, and thus did not issue certificates of citizenship automatically to adopted children who acquired citizenship before January 1, 2004. Thus, if you were under 18 years of age as of February 27, 2001—and entered the country on an IR-3 visa before January 1, 2004—you will need to apply for a Certificate of Citizenship, unless your adoptive parents already did so while you were a child.

Are there other documents I should have available?

Yes, in addition to the three documents we recommend above, we recommend obtaining the following documents in case you ever need them (a checklist of these documents, with explanations, is here):

• Full and final adoption decree (a certified copy if it is a state-issued adoption decree)
• Any available birth record from your country of birth, translated into English
• Optional: A certified copy of a US state-issued “certificate of foreign birth” (not all intercountry adoptees have this)
• Certified copies of your parents’ birth records
• A certified copy of your parents’ marriage certificate, if applicable
• A photocopy of your US passport page with picture and demographic information
• A school transcript, enrollment document, or other document that demonstrates you were in the legal and physical custody of your adoptive parents for at least two years prior to the age of 18. 

In general, these are the basic documents that are necessary to apply for a Certificate of Citizenship or to naturalize. Again, we recommend that you have them available in case you need them. If you don’t have them today, do not panic. Work to get them so that you have them available if they are ever needed. FWIW, copies of many of these documents are in your “Alien File” and can be requested from the USCIS through a Freedom of Information Act (FOIA) request (see below).

How do I know if I have a Certificate of Citizenship or a Certificate of Naturalization?

Assuming you or your parents do not have a copy of one of these documents, you should request your immigration records (or “A File”) through a Freedom of Information Act (FOIA) request. If USCIS issued a Certificate of Citizenship or a Certificate of Naturalization, a copy of it will be in the file. If one is in the file but you need a replacement (that is, you do not have the , you can apply for a replacement certificate.

Freedom of Information Act (FOIA)

What is an “Alien File” (or “A File”) and why do I need it?

If you immigrated to the United States with one of the “orphan visas” typically used for intercountry adopted people, US immigration authorities created an Alien File, or “A File” for you. Under immigration law, “alien” means a person who is “not a citizen or national of the United States,” and an A File is that person’s immigration file. The A File typically contains the documents related to the person or family members’ immigration the US as well as copies of USCIS decisions and correspondence (e.g., a copy of the Certificate of Naturalization). 

How can I get a copy of my A File?

You can request your entire A File from USCIS using the Freedom of Information Act (FOIA). Requests can be done online, by email, or by paper form, though the online system is the fastest and most reliable. The resource “How to Get Your Own Immigration Records” can walk you through how to request your own A File.

Will I be reported to USCIS or immigration enforcement if I request my A File?

Generally no, but if you are worried about being reported or “flagged” by one of the immigration enforcement agencies, consult an attorney to discuss those concerns. For nearly all intercountry adoptees, requesting your own A file will not trigger a negative immigration action.

What is the Child Citizenship Act of 2000 and what does it do (or not do) for intercountry adopted people?

A good FAQ about the Child Citizenship Act—as well as the Adoptee Citizenship Act–is here. 

Denaturalization

What does it mean to be “denaturalized?”

Denaturalization is a civil or criminal proceeding that strips US citizenship from naturalized US citizens. It applies only to naturalized US citizens: except in very rare cases could it apply to intercountry adoptees who derived citizenship through their adoptive parents (i.e., those with Certificates of Citizenship).

Denaturalization can be pursued as a civil case if a naturalized US citizen:

1. illegally obtained naturalization;
2. concealed or willfully misrepresented a material fact during naturalization proceedings to obtain citizenship;
3. became a member of or affiliated with a member of the Communist party, other totalitarian party, or terrorist organization within five years of being naturalized;
4. secured citizenship through military service and was later discharged under other than honorable conditions; or
5. secured citizenship through a parent or spouse who was later denaturalized

The standard of proof for any of these reasons is high: the government must prove its case by clear, convincing, and unequivocal evidence, and it must be decided in federal district court. As such, each denaturalization case requires an immense amount of federal resources.

The government could also denaturalize a US citizen if the citizen was found guilty of the crime of illegally procuring naturalization if it can prove beyond a reasonable doubt that the person knowingly procured or attempted to procure naturalization in an unlawful manner. Unlike civil denaturalization, criminal denaturalization has a ten year statute of limitation.

Should I worry about being denaturalized?

This is a tough question, not because of the incredibly slim possibility that intercountry adoptees will be denaturalized, but because the fear of denaturalization is real and it is intended to instill fear in anyone who is seen or defined as an immigrant. It also hits at the very foundation of what it means to be safe and secure in your own country and community. In general, though, the likelihood of an intercountry adopted person being “denaturalized” is extremely low. First, the resources the US government must use to denaturalize a person are immense, requiring not only the identification and investigation of individuals who may have committed immigration fraud (the most common reason for denaturalization) but also requiring the filing of a federal district court case to prove to the court that the person should be denaturalized. Given far greater immigration enforcement priorities of the incoming administration (or any administration), denaturalizing intercountry adopted people is far down that list, if even making it to a list. Again, though, the fear is real and must be acknowledged. Ultimately, the politically chartged effort to denaturalize US citizens will discourage people from naturalizing, further inflame anti-immigrant actions, and lead to ongoing community-wide fear.

Basic Questions

What is USCIS?

USCIS is the United States Citizenship and Immigration Services. It is the primary agency responsible for managing immigration to the United States, including approval of US citizenship through naturalization or issuance of a Certificate of Citizenship. It is housed within the Department of Homeland Security. Prior to March 1, 2003, USCIS was known as the Immigration and Naturalization Service (INS).

Can you explain some of the different form numbers that are used in various situations?

Yes. Here’s a general list of the forms that are used in most situations involving intercountry adopted people, depending on the legal status and the underlying circumstances of the person’s immigration to the US.

• I-90. Application to Replace Permanent Resident Card (Green Card). Used to renew or replace an expired or lost green card (known more formally as a permanent resident card). Filing fee: generally $415 if filed online. Fee waiver available? Yes.
• N-400. Application for Naturalization. Used to become a US citizen through naturalization. Filing fee: $710 if filed online. Fee waiver available? Yes.
• N-600. Application for Certificate of Citizenship. Used if you acquired citizenship through your parents and need a Certificate of Citizenship to prove your citizenship. Filing fee: $0.00 if filed online by an adult intercountry adopted person.
• N-565. Application for Replacement Naturalization/Citizenship Document. Used to apply for a new (replacement) Certificate of Naturalization or Certificate of Citizenship. Filing fee: $505 if filed online. Fee waiver available? Yes.

Is there a glossary of immigration terms somewhere?

Yes. The USCIS has a long list of terms that it uses. It is available here. We are also developing a glossary specific to immigration and citizenship for intercountry adopted people.

About the Author

Gregory D. Luce (he/him)

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Gregory Luce is an immigration and civil rights attorney who was born and adopted in the District of Columbia. He is the executive director of Adoptees United and the founder of the Adoptee Rights Law Center, which provides legal representation to intercountry adoptees through AU’s Citizenship Clinic.