The Hidden Citizenship Crisis: Why Some International Adoptees May Be at Risk

For many, adoption reflects an act of love and commitment, offering children a chance to be embraced and supported within a family. But what happens when a legal technicality leaves an adopted child—now an adult—without the full protection of U.S. citizenship?

For decades, American families have adopted children from around the world, believing that bringing them home meant securing their future as U.S. citizens. However, due to shifting laws and bureaucratic requirements, some adoptees may not actually have the citizenship status their parents assumed they did.

Why This Issue is Personal to Me

I am an attorney, but more importantly, I am the mother of two daughters adopted from China. My first daughter was adopted in 2003—three years after the Child Citizenship Act of 2000 was passed and two years after it had taken effect—but she still received a green card rather than a Certificate of Citizenship. Despite the law changing, I was forced to wait two years before I could petition for her COC, and only then was she granted formal citizenship. My second daughter was adopted in 2005, and she did receive her COC automatically. Because I personally navigated this frustrating and unnecessary delay with my first daughter, I worry about other adoptees whose parents may not have followed up or ensured their citizenship status—whether out of carelessness, oversight, or misunderstanding. As a result, there are adults today who are in a vulnerable position, lacking the protections of U.S. citizenship.

The Two Paths of Citizenship for Adoptees

Adoptive parents may not realize that prior to February of 2001 internationally adopted children did not automatically receive U.S. citizenship. The Child Citizenship Act of 2000 (CCA) changed the process by ensuring that most internationally adopted children automatically became U.S. citizens upon entry into the country. However, the law only applied to children who entered the United States on or after February 27, 2001, and who were under 18 years old at the time. Despite this, many eligible adoptees—including my daughter—were mistakenly classified as permanent residents instead of being granted automatic citizenship. Anyone who entered before that date, regardless of age, needed to apply for their Certificate of Citizenship (COC). Some parents took the necessary steps to complete this process, while others did not, leaving their children as legal permanent residents (LPRs) instead of citizens.

Importantly, the CCA was not retroactive. This means that those adopted before the law took effect did not automatically acquire U.S. citizenship. Instead, they must affirmatively prove that they met all requirements under the law while they were still minors. This creates a significant burden for adult adoptees who were never granted citizenship as children, including some who are now estranged from their adoptive families.

The Dangers of an Incomplete Process

This issue is not just a bureaucratic oversight—it has real-world consequences. Legal permanent residents can be detained or deported if they commit certain offenses, engage in political activities deemed controversial, or face policy shifts that increase scrutiny on non-citizens. Recently, Immigration and Customs Enforcement (ICE) took steps to deport immigrant veterans of the U.S. Armed Services that served our nation as part of seeking military naturalization. Though these immigrant servicemembers believed their military service would protect them, their future in the United States is now in jeopardy.

While the present situation may be tied to shifting immigration policies, it serves as a stark reminder that non-citizens—even those who have lived their entire lives in the U.S.—are at risk. For international adoptees who never finalized their citizenship, this could be a devastating wake-up call. Many may not even realize they lack full citizenship protections, assuming their adoption paperwork was enough.

What Adoptees and Their Families Should Do

If you, or someone you know, was adopted from another country and never received a Certificate of Citizenship, now is the time to act.

1. Check Your Status – If you were adopted internationally before February 27, 2001, and never went through a formal citizenship process, verify whether you are a U.S. citizen. This can be done by checking if you have a COC or by consulting an immigration attorney.

   
   

2. Seek Legal Assistance – Immigration attorneys can provide guidance on rectifying any issues and ensuring you are protected under U.S. law.

   
   

3. Spread Awareness – Many international adoptees may be unaware of this issue. If you know someone affected, encourage them to take proactive steps to secure their citizenship.

   
   

A Call to Action

The immigration landscape is unpredictable, and policies can shift rapidly. What feels safe today may not be secure tomorrow. If you or someone you love was adopted from another country and is unsure about their citizenship status, now is the time to act. Don't wait for a crisis to find out that the necessary paperwork was never completed.

Myndee M. Lee is a Partner at Lee Schwalb and the proud mother of two beloved daughters, both welcomed into her family through international adoption.