Adoptee Citizenship Act of 2019
This bill provides for the automatic acquisition of citizenship for certain individuals adopted by a U.S. citizen.
A child born outside the United States and adopted by a U.S. citizen shall automatically acquire citizenship upon meeting certain requirements, regardless of when the adoption was finalized. Currently, adoptees who were over the age of 18 on February 27, 2001, do not automatically acquire citizenship.
An individual born outside the United States and residing in the United States shall automatically acquire citizenship if the individual (1) was adopted by a citizen before becoming 18 years old, (2) was physically present in the United States in the citizen parent's custody pursuant to lawful admission before becoming 18 years old, (3) never acquired citizenship before this bill's enactment, and (4) was lawfully residing in the United States on this bill's enactment date.
An individual born outside the United States and residing outside the United States but who otherwise meets all of the requirements shall automatically acquire citizenship upon being physically present in the United States pursuant to lawful admission. Such an individual shall be subject to a background check. If the background check reveals the individual has committed a crime that was not properly resolved, the individual may not receive a visa unless the Department of Homeland Security and Department of State have coordinated with law enforcement to ensure that action was taken to resolve the issue.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2731 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2731
To provide for automatic acquisition of United States citizenship for
certain internationally adopted individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2019
Mr. Smith of Washington (for himself, Mr. Woodall, Ms. Lofgren, and Mr.
Smith of New Jersey) introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for automatic acquisition of United States citizenship for
certain internationally adopted individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoptee Citizenship Act of 2019''.
SEC. 2. UNITED STATES CITIZENSHIP FOR CERTAIN INTERNATIONALLY ADOPTED
INDIVIDUALS.
Section 320(b) of the Immigration and Nationality Act (8 U.S.C.
1431(b)) is amended to read as follows:
``(b) Adopted Children of Citizen Parent.--
``(1) In general.--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
subparagraph (E), (F), or (G) of section 101(b)(1), regardless
of the date on which the adoption was finalized.
``(2) Limited application to certain adopted individuals
residing in the united states.--Notwithstanding section 318, an
individual born outside of the United States who was adopted by
a United States citizen parent shall automatically become a
citizen of the United States when all of the following
conditions have been fulfilled:
``(A) The individual was adopted by a United States
citizen before the individual reached 18 years of age.
``(B) The individual was physically present in the
United States in the legal custody of the citizen
parent pursuant to a lawful admission before the
individual reached 18 years of age.
``(C) The individual never acquired United States
citizenship before the date of the enactment of the
Adoptee Citizenship Act of 2019.
``(D) The individual was residing in the United
States on the date of the enactment of the Adoptee
Citizenship Act of 2019 pursuant to a lawful admission.
``(3) Limited application to certain adopted individuals
residing outside of the united states.--
``(A) In general.--An individual who meets all of
the criteria described in paragraph (2) except for
subparagraph (D) shall automatically become a citizen
of the United States on the date on which the
individual is physically present in the United States
pursuant to a lawful admission.
``(B) Inapplicability of grounds of
inadmissibility.--The grounds of inadmissibility set
forth in section 212(a) shall not apply to an
individual described in subparagraph (A) who is seeking
admission to the United States.
``(C) Criminal background check.--Notwithstanding
subparagraphs (A) and (B), an individual described in
subparagraph (A) may not be issued a visa unless--
``(i) the individual was subjected to a
criminal background check; and
``(ii) if the background check conducted
pursuant to clause (i) reveals that the
individual has committed a crime that was not
properly resolved, the Secretary of Homeland
Security and the Secretary of State coordinated
with relevant law enforcement agencies to
ensure that appropriate action is taken to
resolve such criminal activity.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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