HR5492-119

What This Bill Does

The PAAF Act addresses internationally adopted people who were adopted by U.S. citizen parents but did not acquire citizenship under prior law. It amends Immigration and Nationality Act section 320 so adopted children who satisfy the adoption requirements of section 101(b)(1)(E), (F), or (G) are covered regardless of when the adoption was finalized. An individual born outside the United States who was adopted by a U.S. citizen parent automatically becomes a U.S. citizen when the person was adopted before age 18, was physically present in the United States in the legal custody of the citizen parent after lawful admission before age 18, never acquired citizenship before enactment, and was residing in the United States pursuant to lawful admission on enactment. A person meeting all but the enactment-residence condition becomes a citizen when later physically present in the United States pursuant to lawful admission. Certain inadmissibility grounds do not apply to covered individuals seeking lawful admission for this purpose.

Who Benefits and How

International adoptees without citizenship benefit because the bill creates automatic citizenship despite older gaps in adoption law. U.S. citizen adoptive families benefit because adult or older adopted children can resolve citizenship status tied to childhood adoptions. Adoptees living lawfully in the United States benefit from immediate citizenship when all criteria are met at enactment. Adoptees abroad benefit because later lawful admission can trigger automatic citizenship if the other adoption criteria are satisfied.

Who Bears the Burden and How

USCIS citizenship officers must determine eligibility under the revised automatic-citizenship criteria. DHS immigration inspectors must apply the special inadmissibility rule for covered adoptees seeking lawful admission. Adoptees seeking citizenship must document adoption before age 18, lawful admission, legal custody, and prior noncitizenship. Federal records agencies may need to update citizenship documentation for newly covered internationally adopted people.

Key Provisions

• Expands automatic citizenship for internationally adopted people born outside the United States.
• Applies regardless of when the adoption was finalized.
• Requires adoption by a U.S. citizen parent before age 18 and lawful admission in the parent's legal custody before age 18.
• Provides citizenship for covered adoptees lawfully residing in the United States at enactment or later lawfully present.
• Limits inadmissibility barriers for covered adoptees seeking lawful admission.