In a word, yes. If the child you adopt internationally enters the U.S. on an IR-3 visa and fits the USCIS definition of “orphan,” your child will be a U.S. citizen thanks to the Child Citizenship Act of 2000.
On October 30, 2000, President Clinton signed into law H.R. 2883, the Child Citizenship Act of 2000. The new law, Public Law 106-395, amends the Immigration and Nationality Act (INA) to permit foreign-born children — including adopted children — to acquire citizenship automatically if they meet certain requirements. This law became effective on February 27, 2001. The precise time that citizenship confers depends on the child’s immigration status upon entering the United States.
To be eligible for coverage under this law, a child must satisfy the USCIS definition of “child” by meeting the following requirements:
If the adoption was finalized in the foreign country and the child has been issued an IR-3 visa, citizenship automatically confers when the child legally enters the United States. If the adoption was not finalized abroad and the child was issued an IR-4 visa (which requires parents to adopt or re-adopt the child in the United States), citizenship confers instantly on the day the adoption is finalized in the United States.
Credits: Excerpted from "International Adoption Guidebook," Mary M. Strickert, © 2004
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