What is The Child Citizenship Act (CCA)?

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The Child Citizenship Act of 2000 (CCA) was signed into law on October 30, 2000 to permit foreign-born children (including adopted children) to acquire citizenship automatically if they meet the requirements:

  • The child has at least one United States citizen parent (by birth or naturalization)
  • The child is under 18 years of age
  • The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent
  • The child has been admitted to the United States as a lawful permanent resident or has been adjusted to this status
  • An adopted child must also meet the requirements applicable to the particular provision under which they qualified for admission as an adopted child under immigration law.

Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship.

If a child qualifies for citizenship under the Child Citizenship Act, the child’s citizenship status is no longer dependent on USCIS approving a naturalization application. The child’s parents can file an application for a certificate of citizenship (FormN-643K) on the child’s behalf to obtain evidence of citizenship.

If a full and final adoption is completed abroad, and the child meets the requirements applicable to adopted children under the immigration law – for example, in an orphan case, both parents saw the child before or during the foreign adoption proceeding — the child automatically becomes a citizen on the day he or she is admitted to the United States as an immigrant. If the orphan was adopted abroad, but at least one parent did not see the child before or during the foreign adoption proceeding, the child will become a citizen on the day the citizen parent(s) completes any procedure the State of residence may require to obtain recognition of the foreign adoption. If the orphan’s adoption is completed in the U.S., the child becomes a citizen when the citizen parent(s) obtain(s) a final adoption decree from the proper State court.

Will Eligible Children Automatically Receive Proof of Citizenship (Such As Citizenship Certificates and Passports)?
Adopted children admitted in the IR-3 category (alien orphan with a finalized adoption abroad), whom both parents saw before or during the foreign adoption proceeding) on or after January 1, 2004, will automatically receive a Certificate of Citizenship within 45 days of admission into the U.S. The IR-3 visa accounts for approximately seventy percent of children adopted by U.S. Citizens, and is for cases where adoptions are made final overseas. This program eliminates the need for the issuance of a Permanent Resident Card for newly entering children, since these cards are not applicable to U.S. citizens. The program, announced in November 2003, is managed from the USCIS Buffalo, New York District Office.

This special program does not apply to alien child admitted as IR-2 (biological children or adopted children who immigrate under INA section 101(b)(1)(E) instead of (F) or IR-4 immigrants (orphans who will be adopted in the United States or who were adopted abroad, but without having been seen by both parents). The parents of these children may file a Form N-643K to obtain evidence of the child’s citizenship. They would file the FormN-643K with the USCIS district in which they live, not with the Buffalo district.

If parents desire a passport for their child, they should apply for one with the Department of State.

Will the certificate of citizenship reflect any change in an adopted child’s name?
If the adoption decree (whether acquired abroad or in the United States) legally changes an adopted child’s name, the certificate of citizenship will show the child’s new legal name. In some cases, the adoptive parents choose a new name for the adopted child, but are not able actually to change the child’s legal name. If the immigrant visa, adjustment application, or Form I-600 shows the alternative name, USCIS will issue the certificate of citizenship to show both the legal name and the alternative name, such as “LEGAL NAME aka ALTERNATIVE NAME.” Parents should understand that putting the alternative name on the certificate of citizenship DOES NOT legally change the child’s name. If the parents want to change the child’s name legally, they must comply with the relevant requirements of their own State’s law.

Is Automatic Citizenship Provided for Children (Including Adopted Children) Born and Residing Outside the United States?
No. In order for a child born and residing outside the United States to acquire citizenship, the United States citizen parent must apply for naturalization on behalf of the child. This only applies to children who not acquire U.S. citizenship at birth. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance. The child does not have to be admitted as a permanent resident; a lawful non-immigrant admission is enough. To be eligible, a child must meet the following requirements:

  • The child has at least one United States citizen parent (by birth or naturalization)
  • The United States citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14 or the United States citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14
  • The child is under 18 years of age
  • The child is residing outside the United States in the legal and physical custody of the United States citizen parent
  • The child is temporarily present in the United States (Entered the United States lawfully and maintaining lawful status in the United States)
  • An adopted child must also meet the requirements applicable to adopted children under immigration law

If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath,  USCIS may waive the oath requirement.

Source: USCIS

Do you need assistance with Child Citizenship?

FREE immigration consultation and advice within 24 hours guaranteed

JCS Immigration office is located at
2975 Wilshire Blvd. Suite 352 in Los Angeles, California 90010
Office hours are Monday to Saturday from 9:00AM to 9:00PM

 

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