Citizenship & Documentation

<strong>Is there a difference between naturalization and citizenship?</strong>

Naturalization and citizenship are not necessarily the same thing, although the terms are often used interchangeably, even by the U.S. Citizenship and Immigration Service (USCIS). Naturalization is the process of asking permission to become a U.S. citizen. Prior to 2001, all adoptees had to be naturalized to obtain U.S. citizenship, similar to adults who immigrate to the U.S. today.

Following the implementation of the Child Citizenship Act of 2000 (effective February 27, 2001), which amended Section 320 and Section 322 of the Immigration and Nationality Act, children who enter the U.S. for the purpose of adoption receive citizenship automatically when their adoption has been finalized in a court recognized by the U.S. Adoptees who satisfy the requirements of amended Section 320 or 322 no longer have to meet the two-year residency requirement to obtain citizenship.

<strong>What determines citizenship status?</strong>

There are several factors involved in determining if you are a U.S. citizen. The primary methods are by date of birth and a finalized adoption recognized by the U.S. before age 18.

Following the implementation of the Child Citizenship Act of 2000 (effective February 27, 2001), children with a date of birth on or after February 28, 1983 who enter the U.S. for the purpose of adoption receive citizenship automatically after their adoption has been finalized in a court recognized by the U.S. Adoptees no longer have to meet the two-year residency requirement since Section 320 and 322 of the Immigration and Nationality Act were amended.

<strong>What is considered proof of citizenship?</strong>

You may have been asked recently for “proof of citizenship” or told that your social security number lists you as a permanent resident, not a citizen. We receive calls and emails daily from adoptees who are having issues because they can’t produce evidence of citizenship. Some of these issues need to be resolved as quickly as possible in order to obtain a passport for an upcoming vacation, renew a driver’s license or register for college. There are three documents that can be used to prove your status as a U.S. citizen:

• Certificate of Citizenship
• Certificate of Naturalization
• Valid, unexpired U.S. Passport

The Certificate of Citizenship (COC) or Certificate of Naturalization (CON) is required by some state DMVs to issue a new driver’s license or new ID card, or to replace a lost license. Social Security offices often refuse to replace a lost card for an adoptee who has had one for years without proof of citizenship. College admissions offices, military enlistment offices and even insurance companies can require the COC or CON. The U.S. passport service also requires “proof of citizenship.”

Although a U.S. passport can only be obtained by a citizen, most government offices and colleges won’t accept it as proof. Even if you didn’t have issues securing a passport or driver’s license in the past, you should be prepared for issues to arise down the road.

<strong>What do I need to apply for a Certificate of Citizenship (COC) as an adult?</strong>

If you fall under the Child Citizenship Act of 2000, which means you were born on or after February 28, 1983 and had a finalized adoption recognized by the U.S. before you were 18 — but you don’t have proof of citizenship — you can apply for your COC by completing form N-600 Application for Certificate of Citizenship. The form and instructions can be downloaded from the USCIS website at uscis.gov. If you have any questions when completing the form, regarding, for example, your date of entry or date of adoption, please contact Holt and we will be happy to help you. If Holt did not facilitate your adoption, we may be able to give you general suggestions but will not have any specific information pertaining to your adoption.

We strongly suggest applying online through the USCIS portal, where you can check the status of your case, respond to requests for evidence and manage your contact information. By mail, new applications for a COC are accepted at very few USCIS locations (see form instructions), and it can take 6-12 months from application submission to receipt. You may be asked to attend a Biometrics Services Appointment. You may also be asked to appear in-person at your local or regional USCIS office. This is usually a routine “swearing in,” and you will be notified by mail. We suggest you take originals of all documents, just in case they have questions at your appointment.

We suggest you submit photocopies of the following documents. We strongly suggest not submitting originals. At the same time you submit the N-600, you may also submit USCIS form G-884 (Request for Return of Original Documents) if you do decide to submit originals. However, it is still not guaranteed that the originals will be returned to you (they probably will not be). Documents required for the N-600 include:

• Birth certificate from country of birth
• U.S. birth certificate
• Adoption decree from country of birth (if applicable)
• Full and final U.S. adoption decree
• Birth certificate of at least one U.S. citizen adoptive parent
• Marriage Certificate and Marriage Termination Documentation (if applicable) of at least one U.S. citizen adoptive parent
• Your marriage certificate or termination documentation (if applicable)
• Valid, unexpired U.S. passport (if applicable)
• Evidence of all legal name, gender or sex marker changes (if applicable)
• Proof of U.S. Residency or Physical Presence (includes employment, school or military records)

If you are unsure what these documents are, or have other questions, please contact Holt. Not all of these documents apply to every adoptee, and can vary by birth country and time of adoption.

<strong>How do I replace a lost or destroyed Certificate of Citizenship or Naturalization?</strong>

If your certificate has been lost or destroyed, you can apply for a replacement by completing form N-565 Application to Replace Certificate of Citizenship/Naturalization. The form and instructions can be downloaded from the USCIS website at uscis.gov. We strongly suggest filing online through the USCIS portal, where you can check the status of your case, respond to requests for evidence, and manage your contact information. If filing by mail, please note that only two USCIS locations accept replacement applications (see form instructions), and it can take 12-18 months from application submission to receipt. Holt suggests you replace your lost certificate as soon as you are able in order to avoid delays or complications down the road.

<strong>What if I am applying for a U.S. passport?</strong>

If you need to apply for your U.S. passport, you will need certified copies or originals of a variety of documents, which may include a certified copy of your full and final U.S. adoption decree, your U.S. birth certificate and your proof of citizenship (COC or naturalization). An expired U.S. passport may not be accepted as proof of citizenship. If you don’t have these documents, or need to know if they apply to you, please contact Holt. Passport applications and requirements can be found on the Department of State website at travel.state.gov/passport. More adoptees are having issues obtaining their U.S. passport than ever before, due to a changing climate toward immigration and citizenship. Please be aware that you may or may not be able to obtain a passport on short notice unless you have proof of citizenship and adoption. If you think you may be traveling out of the country, we recommend you check into your status and obtain a passport far in advance.