S. 2923 — PAAF Act

This section revises the rules for automatic U.S. citizenship for certain children born outside the United States and adopted by a U.S. citizen parent under INA §320(b) (8 U.S.C. 1431(b)). Specifically, it (1) limits the general rule in new subsection (b)(1) to children who satisfy the adoption requirements in INA §101(b)(1)(E), (F), or (G) (i.e., adoptions completed before age 16 with two years' residence, sibling adoptions after age 16, or Hague Convention adoptions, respectively), regardless of the adoption finalization date (previously, all requirements under INA §101(b)(1)); (2) adds new subsection (b)(2) to grant automatic citizenship, notwithstanding INA §318 (prohibiting naturalization for those ever inadmissible), to certain adopted individuals residing in the United States on the date of enactment who were adopted before age 18, physically present in the United States in the citizen parent's legal custody pursuant to lawful admission before age 18, and never previously acquired U.S. citizenship; and (3) adds new subsection (b)(3) to grant automatic citizenship to those meeting the criteria in (b)(2)(A)-(C) but residing outside the United States upon their physical presence in the United States pursuant to lawful admission, waiving inadmissibility grounds under INA §212(a) but requiring a criminal background check (with coordination by the Secretaries of Homeland Security and State if unresolved crimes are found). (As background, INA §320 generally provides for automatic citizenship derivation for children under age 18 in the legal and physical custody of a U.S. citizen parent following lawful admission for permanent residence; these changes expand eligibility for certain pre-enactment international adoptees previously ineligible due to timing, custody, or admissibility issues.)