Citizenship

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Family Resources

a Minnesota licensed non-profit adoption agency

 

 

The Federal Child Citizenship Act of 2000 (H.R. 2883) was signed into law.  It became effective on February 27, 2001.  The law confers automatic U.S. citizenship to adopted children from other countries by U.S. citizens.  The act eliminates the need, in many cases, for parents to apply to the Immigration and Naturalization Service for Certificates of Citizenship on behalf of the children who are not U.S. citizens at birth.

 

Questions and Answers

What is the Child Citizenship Act of 2000?

It is legislation (H.R. 2883) passed by the U.S. Congress and signed into law on October 30, 2000.  The law (Public Law
106-395) amends the Immigration and Nationality Act to permit foreign-born children (including adopted children
) to acquire citizenship automatically if they meet certain requirements.  It became effective on February 27, 2001.

Which children automatically become citizens under the law?

Beginning February 27, 2001, certain foreign born children (including adopted children) currently residing permanently in the United States will acquire citizenship automatically.  The term "child" is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption.  To be eligible, a child must meet the definition of "child" for naturalization purposes under immigration law and must also meet the following requirements:

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The child has at least one U.S. citizen parent (by birth or naturalization)

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The child is under 18 years of age

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The child is residing permanently in the U.S. in the legal and physical custody of the parent

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The child is a lawful permanent resident

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The child meets the requirements applicable to adopted children under immigration law.

The citizenship law also applies to children who were adopted before the February 27, 2001 effective date.  Since the law makes citizenship automatic, no further action on the part of the family or the government is required. If proof of citizenship is desired, beginning February 27, 2001, parents of children who meet the conditions of the law may apply for a certificate of citizenship for their child with the Immigration and Naturalization Services (INS) and/or for a passport for their child with the Department of State.

The law only gives automatic citizenship when the adoption was finalized in the child's country of origin.  Some countries of origin, such as Korea, require the adoption to be finalized by the adoptive parents in the United States. In such cases, the citizenship law makes the child a U.S. citizen when the adoption is finalized in the United States.

Is the law retroactive? Is automatic citizenship given to those who are 18 years of age or older?

No, The law is not retroactive.  Individuals who are 18 years of age or older on February 27 do not qualify for citizenship under the new law, even if they meet all other criteria.  If they choose to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.

Where can I get more information about this new law?

Contact the Immigration and Naturalization Service toll-free information line at 1-800-375-5283, or visit the INS web site at http://www.ins.usdoj.gov

 

Family Resources
2903 Euclid Avenue
Anoka, MN 55303
Phone:  763-323-8050
or 763-422-8590
Fax:  763-323-0095
e-mail:
familyresources@msn.com