PAAF Act Fixes Adoption Loophole: Grants Automatic Citizenship to Adoptees Regardless of Adoption Date

The Protect Adoptees and American Families Act (PAAF Act) is designed to fix a long-standing, painful oversight in U.S. citizenship law affecting thousands of people adopted internationally by U.S. citizens. Essentially, this bill ensures that citizenship is granted automatically to eligible adoptees, regardless of when their adoption was finalized, clearing up years of legal limbo for many families.

The Citizenship Catch-Up

Before this bill, many international adoptees missed out on automatic citizenship due to technicalities related to age and the timing of their adoption or entry into the U.S. This bill aims to retroactively correct that. Under Section 2, an individual adopted internationally by a U.S. citizen parent will automatically become a citizen if they meet a few key conditions. The adoption must have happened before they turned 18, and crucially, they must have been living legally in the U.S. under the care of that citizen parent when this new law is enacted, provided they weren't already a citizen. Think of the 35-year-old software engineer who was adopted from Korea at age 5 but never had their citizenship formalized—this bill finally makes them a citizen, no extra application needed, removing a massive legal headache.

Coming Home: New Rules for Adoptees Abroad

For those who meet all the criteria—adopted before 18, by a U.S. citizen parent—but were residing outside the U.S. when the PAAF Act was enacted, the path is slightly different but still streamlined. They will automatically become a U.S. citizen the moment they legally enter the country. To make this happen, the bill waives the standard grounds of inadmissibility (listed in section 212(a) of the Immigration and Nationality Act) that might otherwise block their entry. This is a huge deal, as it cuts through a lot of bureaucratic red tape that often complicates immigration for people who are, for all practical purposes, already part of an American family.

The Necessary Safeguard: Background Checks

While the bill is generous in granting citizenship, it doesn't skip on security. Before any individual residing abroad can get a visa for entry and automatic citizenship, they must undergo a criminal background check. If that check flags an unresolved criminal issue, the Secretary of Homeland Security and the Secretary of State must ensure that issue is “resolved appropriately” with law enforcement before the person can move forward. This mandatory requirement is a sensible safeguard, but the vagueness around what constitutes “resolved appropriately” (Section 2) could potentially lead to delays for an otherwise eligible adoptee, especially if the process for resolving international criminal matters isn't clearly defined right out of the gate.

Who Benefits and Who Waits

This bill is a clear win for adoptive families, providing legal certainty and security for thousands of people who were previously in citizenship limbo. It resolves a known flaw in the system that left many adoptees vulnerable to deportation or denied access to basic rights. However, the bill is specific: if an internationally adopted person does not meet the strict residency and age requirements—for example, if they were adopted after turning 18—they won't benefit from this retroactive fix. Furthermore, those with past criminal issues, while still eligible, will have to wait longer while the government figures out what “appropriately resolved” means for their specific case, delaying their ability to finally gain full U.S. citizenship.