Child Citizenship Act Permits Foreign-Born Children of American Citizens to Obtain U.S. Citizenship
The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. In such cases, these children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as Lawful Permanent Residents (LPRs).
A child who has Lawful Permanent Residence (LPR) status will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child's passport. This stamp shows the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident.
In order to be eligible to take advantage of the benefits of the Child Citizenship Act,
the child must meet the following requirements:
* Have at least one American citizen parent by birth or naturalization;
* Be under 18 years of age;
* Live in the legal and physical custody of the American citizen parent; and
* Be admitted as an immigrant for lawful permanent residence.
In addition, if the child is adopted, the adoption must be full and final.
The child is not required to obtain a Certificate of Citizenship, but parents may apply for a Certificate of Citizenship by filing Form N-600.
In order to obtain a passport for a child under the Child Citizenship Act, the following information is required:
* Proof of the child's relationship to the American citizen parent. For the biological child of the American citizen, this will be a certified copy of the foreign birth certificate (and translation, if not in English). For an adopted child, it is a certified copy of the final adoption decree (and translation, if not in English);
* The child's foreign passport showing the U.S. Citizenship and Immigration Services (USCIS) I-551 stamp in the passport, or the child's permanent resident card (green card);
* Proof of identity of the American citizen parent(s); and
* Passport application, passport photographs and fees.
Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the U.S. Citizenship and Immigration Services (USCIS) for a Certificate of Citizenship if the following conditions are met.
* At least one parent of the child is an American citizen by birth or naturalization.
* The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is sufficient if one of the child's American citizen grandparents can meet it.
* The child is under the age of eighteen.
* The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.
Children who acquire citizenship under this second category do not acquire citizenship automatically. They must apply to the U.S. Citizenship and Immigration Services (USCIS) and go through the naturalization process by filing Form N-600.
The attorneys at Harrison Alo, Attorneys at Law, are experienced in assisting U.S. citizen parents with obtaining U.S. citizenship for their foreign-born children. If you are a U.S. citizen parent of a foreign-born child who is interested in obtaining citizenship for your child, the attorneys at Harrison Alo, Attorneys at Law, are available to answer your questions and address your concerns.
