The new immigration XO about to be issued by Biden, which applies to spouses of US citizens and their children made me wonder, what if the citizen spouse legally adopts their spouse’s child. Would that child then become a citizen? What about foreign children adopted by American families?
8 USC §1431
Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired
(a) In general
A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2) The child is under the age of eighteen years.
(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
(b) Adoption
Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title.
8 USC §1101
(b) As used in subchapters I and II-
(1) The term “child” means an unmarried person under twenty-one years of age who is-
(E)(i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or