Citizenship for Foreign Born and Adopted Children
The Child Citizenship Act (CCA) can be a very beneficial immigration law to help adopted children of U.S. citizens, but the law is far from easy to analyze and even more difficult to apply to one’s personal immigration concerns. Below is an overview of the law but before you seek its application to your particular case, it is strongly recommended that you consult with an immigration law to confirm that your child will get citizenship under the law.
Child Citizenship Act (CCA) Background
The Child Citizenship Act, which became effective on February 27, 2001,amended the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children-including adopted children-of U.S. citizens. Specifically, these children include:
- Orphans with a full and final adoption abroad or adoption finalized in the U.S.,
- Biological or legitimated children,
- Certain children born out of wedlock to a mother who naturalizes, and
- Adopted children meeting the two-year custody requirement.
This legislation represents a significant and important change in the nationality laws of the United States. The changes made by the CCA authorize the automatic acquisition of citizenship and permanently protect the adopted children of U.S. citizens from deportation.
In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.
Frequently Asked Questions about the CCA
1) Does my child qualify for automatic citizenship under the CCA?
Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
- At least one adoptive parent is a U.S. citizen,
- The child is under 18 years of age,
- If the child is adopted, a full and final adoption of the child, and
- The child is admitted to the United States as an immigrant (permanent resident – green card)
2) Do I have to apply to USCIS for my child's citizenship?
No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.
3) Will USCIS automatically provide me with documentation of my child's citizenship?
At the present time, USCIS is not able to automatically provide most parents with documentation of their foreign-born child’s citizenship. However, USCIS has implemented a streamlined process for newly entering IR-3 children and their families that will ensure they receive a Certificate of Citizenship within 45 days of entering the United States.
5) Is automatic citizenship provided for those who are 18 years of age or older?
No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.
6) Do I need a lawyer?
It is highly recommended that you consult with an immigration lawyer. If you incorrectly proceed under the CCA and file for a child who is not eligible, this could lead to deportation or removal proceedings. If USCIS, INS, or ICE, determine that your child is in the country illegally and does not qualify for CCA, it may initiate removal proceedings.
You may submit your questions through our web site: www.cundyandmartin.com
Minnesota Immigration Lawyers, Cundy & Martin, LLC, Bloomington, MN
