Adoptee Citizenship Act of 2018

Adoptee Citizenship Act of 2018

This bill amends the Immigration and Nationality Act to grant automatic citizenship to all qualifying children adopted by a U.S. citizen parent. (Currently, an adopted child must have been under 18 years old as of February 27, 2001, in order to qualify for automatic citizenship.)

An individual born outside of the United States who was adopted by a U.S. citizen parent shall automatically become a U.S. citizen when the following conditions have been fulfilled:

• the individual was adopted by a U.S. citizen before the individual reached age 18,
• the individual was physically present in the United States in the citizen parent's legal custody pursuant to a lawful admission before the individual reached age 18,
• the individual never acquired U.S. citizenship before the enactment of this bill, and
• the individual was lawfully residing in the United States on the date of enactment of this bill.

An individual who meets such criteria, except for lawfully residing in the United States on the date of enactment of this bill, shall automatically become a U.S. citizen on the date on which the individual is physically present in the United States pursuant to a lawful admission.

A visa may not be issued to such an individual unless:

• the individual was subjected to a criminal background check, and
• the Department of Homeland Security and the Department of State coordinated with law enforcement agencies to ensure that appropriate action is taken regarding any unresolved criminal activity.

Automatic citizenship may not be granted to an individual who was deported for an offense that involved the use of physical force against another person.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov