Child Citizenship Act of 2000
What is the Child Citizenship Act of 2000?
The Child Citizenship Act of 2000 is a federal law that went into effect on February 27, 2001. The Act provides that certain children who are born outside of the United States automatically acquire U.S. citizenship when they meet the requirements of the Act. The Act applies to biological children of U.S. citizens and children who are adopted by U.S. citizens. The Act does not apply to children who turned 18 before February 27, 2001.
What does automatic citizenship mean?
A child who acquires automatic U.S. citizenship under the Act does not have to apply for U.S. citizenship. The child is a U.S. citizen by operation of law. However, no proof of citizenship will be issued to the child’s parents unless such proof is requested. Parents who want proof of citizenship for their child may apply for a Certificate of Citizenship from the United States Bureau of Citizenship and Immigration Services (USCIS) or obtain a passport for the child from the U.S. Department of State.
What are the requirements of the Act?
In order for a child to acquire automatic U.S. citizenship under the Act, the child must:
- be under the age of 18;
- have at least one biological or adoptive parent who is a U.S. citizen by birth or naturalization;
- live in the legal and physical custody of the U.S. citizen parent; and
- be a lawful permanent resident of the U.S.
If the child has been adopted by a U.S. citizen, the adoption must be final and meet the requirements of U.S. immigration laws.
Does the Act apply to children who are not lawful permanent residents of the U.S.?
No. A child who is born outside of the U.S. and is not a lawful permanent resident of the U.S. cannot acquire automatic citizenship under the Act. The child must complete the naturalization process. Under the Act, the child must:
- be under the age of 18;
- have at least one biological or adoptive parent who is a U.S. citizen by birth or naturalization;
- have a U.S. citizen parent who has been physically present in the U.S. for at least five years, at least two of which were after the age of 14, or have a U.S. citizen parent who has a U.S. citizen parent who has been physically present in the U.S. for at least five years, at least two of which were after the age of 14;
- be residing outside of the U.S. in the legal and physical custody of the U.S. citizen parent; and
- be temporarily and lawfully present in the U.S.
If the child has been adopted by a U.S. citizen, the adoption must be final and meet the requirements of U.S. immigration laws.