US Publishes Citizenship Rule Many Foreigners Might Not Know About Adopted Children

• The US government has given the conditions under which adopted children residing outside the country can apply for citizenship under INA 322
• USCIS policy specifies that adoptive parents must meet physical presence requirements, including 5 years in the US
• The policy also details separate eligibility rules for children of US Armed Forces members and government employees stationed abroad

The United States government has published guidance explaining how adopted children who live outside the country may be eligible for citizenship, clarifying a pathway that many families may not be aware of.

Adopted children residing outside the US can qualify for naturalisation under Section 322 of the Immigration and Nationality Act (INA 322), provided a set of specific legal conditions are met.

Citizenship requirements for adopted foreign children

According to the USCIS policy, for an adopted child living outside the United States to be eligible, the adoptive parent must be a US citizen. Beyond that, the parent must also satisfy a physical presence requirement, having lived in the country for at least five years in total, with at least two of those years occurring after the parent turned 14.

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Additional conditions include legal and physical custody of the child, as well as requirements around lawful admission and the child's immigration status. All criteria must be satisfied before an application can proceed.

Citizenship rules for military and government families

The USCIS guidance also addresses a distinct group of families. Children of US Armed Forces members or US government employees, including the spouses of such individuals, who are stationed abroad fall under a different provision entirely. Those children may instead be eligible under INA 320, which carries its own set of requirements separate from the INA 322 pathway.

The distinction is significant, as families in this category would need to assess their eligibility under the correct legal provision to avoid errors in the application process.

Lady shares her story after adopting

Meanwhile, Legit.ng reported that a Nigerian lady has proudly made her adopted daughter public and shared her observations since the adoption.

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According to the lady, she adopted the girl last year as a single woman, but her marital status has changed.

Source: Legit.ng