Guidance on Citizenship and Naturalization for Adopted Children in California & Nevada [2025]

For many families in California and Nevada, adopting children from abroad and securing their US citizenship is a deeply emotional and meaningful step in starting or expanding a family. It can be highly difficult to understand the complex process of naturalization or citizenship for adopted children, making it necessary to have clear guidance on citizenship and naturalization for adopted children in California & Nevada.

As 10,633,200 (27.3%) and 613,800 (19.2%) of the California and Nevada populations are immigrants, respectively, federal guidelines like the Hague Adoption Convention and ever-changing USCIS rules can significantly impact families in these states looking to adopt. By outlining key requirements and pathways in 2025 for these families, parents can move forward feeling confident throughout the adoption process.

Understanding the Three USCIS Adoption-Based Immigration Processes

According to USCIS, there are three main immigration pathways for adopted children: The Hague Adoption Convention process, the Orphan Process, and the family-based petition process. The Hague Adoption Convention process is required when a U.S. citizen adopts a child who is a habitual resident in a Hague Convention country. These rules apply to adoptions that occur after April 1, 2008, and when the petitioner is a habitual resident of the US.

The Orphan Process is used by U.S. citizens who are adopting a child from non-Hague countries. This process requires giving robust evidence that shows the child qualifies as an orphan and is being adopted by a U.S. citizen.

Finally, the family-based petition process is available to Lawful Permanent Residents or U.S. citizens who have adopted a child before they turned 16, have had joint residence and legal custody with the child for at least two years, and can show that the Hague Convention does not apply. Under the sibling exception, the child can be under the age of 18 at the time of petitioning.

In Nevada and California, families commonly pursue non-Hague adoptions from countries like Ethiopia or Nigeria, or Hague adoptions from nations such as the Philippines or China.

Establishing Habitual Residence – A Key USCIS Requirement

To understand which immigration process applies, it’s important to look at habitual residence. Unless evidence can prove otherwise, the country where the child is habitually residing is typically their country of citizenship. Furthermore, as a general rule, a U.S. citizen parent is typically considered to be a habitual resident in the United States unless they adopt the child and complete the two-year custody and residency requirements while abroad.

If the child was located in a Hague country before they entered the United States, USCIS typically still considers that they are habitual residents in that country – even if they are currently located in Nevada or California – which may make the Hague process mandatory unless there is a formal waiver.

U.S. Citizenship for Adopted Children: Automatic or by Application?

Under the Child Citizenship Act of 2000, many adopted children can now automatically get US citizenship under INA §320. Requirements include having at least one parent who is a U.S. Citizen, being a Lawful Permanent Resident before reaching the age of 18, and residing in the United States under the physical and legal custody of the US citizen parent.

If the child is living abroad, however, families need to apply for citizenship under INA §322 by filing Form N-600K by a U.S. citizen parent or grandparent. In 2025, USCIS will continue to allow certain children of federal employees or military stationed abroad to complete the naturalization process while overseas.

What Documentation Is Required?

Documentation for acquiring citizenship for adopted children varies depending on the type of legal process, but generally includes the following:

• A final adoption decree
• Evidence of US citizenship, such as a naturalization certificate, passport, or birth certificate
• Proof of joint residence and legal custody – for cases involving the family-based avenue
• Documentation of lawful status and entry into the United States – for INA §322 cases
• Evidence that the grandparent or parent meets the US physical presence requirement

It’s important to note that federal employees or military families can use their time stationed overseas to fulfill the physical presence requirements.

Accredited Adoption Service Providers

Under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), families are required to work with accredited adoption agencies for both orphan and Hague adoptions. Families stationed in Nevada and California can find providers that have been approved through the U.S. Department of State’s Adoption Provider Search.

FAQs About Citizenship and Naturalization for Adopted Children

What Are the Main Adoption Processes Recognized by USCIS?

The main adoption processes recognized by USCIS include the Hague Adoption Convention process, the Orphan Process, and the family-based petition process. Understanding which one may be most applicable to your case is dependent on various factors, including the petitioner’s residence and citizenship and the child’s country of habitual residence.

When Is the Hague Adoption Convention Process Required?

The Hague Adoption Convention process may be required if a U.S. citizen is residing in the US and adopts a child who is habitually resident in a Hague Convention country. This also applies to adoptions that occur on or after April 1, 2008, and after the Hague Convention was legally introduced in both countries. Unless it can be proven not applicable, the Hague Process is not optional.

What Is the Orphan Process, and When Is It Used?

The Orphan Process is leveraged by U.S. citizens who want to adopt a child from a non-Hague country. This process requires the petitioner to be a U.S. citizen, and the child needs to qualify as an orphan under the definition set by U.S. immigration law. The process requires filing Form I-600A and Form I-600.

What Are the Key Requirements for the Family-Based Adoption Petition?

In order for a family to successfully adopt a child through submitting a family-based adoption petition Form I-130, the adoptive parent needs to be a Lawful Permanent Resident or U.S. citizen and have adopted their child before the age of 16. For the sibling exception, the child can be up to 18. They also need to show that they have had joint residence and legal custody of the child for a minimum of two years.

Need Support With Your Adoption Immigration Process? Contact Us Today

If you are trying to navigate the adoption and immigration process, you’re likely feeling highly overwhelmed, especially if you are working across international borders or dealing with Hague Convention systems.

Fortunately, a dedicated immigration attorney from Karlin & Karlin is eager to meet with you and help you understand your obligations and options to help you build your family on a strong legal foundation. Contact us today to get started.