How is a child adopted internationally by an American citizen treated differently from a child born abroad to an American citizen?
When an American citizen gives birth to a child overseas, under Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) that child is considered a “citizen from birth” and is immediately granted citizenship rights. The American parent/s take proof of their citizenship and their child’s birth certificate to the U.S. Embassy and apply for and are given an American passport for their child and a Consular Report of Birth that states where the child was born and to whom and is treated the same as a birth certificate. Both the passport and the Consular Report of Birth are prima facie evidence of U.S. citizenship. When the American parents are ready to return to the United States, they bring home their child with a U.S. passport. In contrast, when an American citizen adopts a child internationally, their child is treated as an immigrant and the adoptive parents have to apply for an immigration visa to bring their fully adopted child home to the United States. In order to be granted
