H.R. 5233 – Adoptee Citizenship Act of 2018

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Updated April 15, 2026 at 8:52 PM UTC

The Adoptee Citizenship Act of 2018 would automatically grant U.S. citizenship to certain children adopted internationally by U.S. citizens. It applies to adoptees who were adopted before age 18 and were in the legal custody of their U.S. citizen parent while physically present in the United States, as well as to those living abroad who meet the same criteria and later enter the U.S. lawfully. The bill also sets limits based on prior citizenship status and criminal or deportable offenses.

Key Provisions

Amends the Immigration and Nationality Act to give automatic citizenship to adopted children of U.S. citizens who were adopted before turning 18 and were physically present in the U.S. under legal custody before age 18.
Requires that the adoptee had never been a U.S. citizen before the law’s enactment and was residing in the U.S. on that date.
For adoptees living outside the U.S., citizenship is granted automatically when they first enter the U.S. lawfully, provided they meet the same adoption and custody criteria.
Waives standard grounds of inadmissibility for these adoptees when they seek entry, but mandates a criminal background check before a visa can be issued.
Bars automatic citizenship if the adoptee has been convicted of a deportable offense involving physical force and has been deported.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Immigration and Border Security.

Immigration Integrity, Security, and Enforcement Subcommittee

April 30, 2018

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HouseIntro Referral

Introduced in House

March 8, 2018

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

March 8, 2018

HouseCommittee

Referred to the Subcommittee on Immigration and Border Security.

Immigration Integrity, Security, and Enforcement Subcommittee

April 30, 2018

Floor Debate

1 member

What members said about H.R. 5233 on the floor

1 Democrat

Rep. Brad ShermanD-CA-30 · Dec 6, 2018

Mr. Speaker, last week, I cosponsored H.R. 5233, The Adoptee Citizenship Act of 2018. This is bipartisan legislation that seeks to make an important correction to U.S. adoption law. Currently, when a…

Bill Text

Latest available legislative text

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Introduced in HouseIssued March 8, 2018

I

115th CONGRESS

2d Session

H. R. 5233

IN THE HOUSE OF REPRESENTATIVES

March 8, 2018

Mr. Smith of Washington (for himself, Mr. Smith of New Jersey, Mrs. Mimi Walters of California, Mr. MacArthur, Ms. Judy Chu of California, and Ms. Lofgren) 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.

1.

Short title

This Act may be cited as the Adoptee Citizenship Act of 2018.

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).

(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 2018.

(D)

The individual was residing in the United States on the date of the enactment of the Adoptee Citizenship Act of 2018 pursuant to a lawful admission.

(3)

Limited application to certain adopted individuals residing outside of the United States

(A)

In general

Subject to subparagraphs (B) through (D), an individual who meets all of the criteria described in subparagraphs (A) through (C) of paragraph (2) 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

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.

(D)

Deportable offenses

An individual described in subparagraph (A) may not be granted automatic citizenship under this paragraph if the individual—

(i)

has been found guilty of a deportable offense that has as an element the use, attempted use, or threatened use of physical force against another person; and

(ii)

was deported.

.