Many parents adopt children internationally and bring them to the States to live. However, parents sometimes neglect to apply for child citizenship once the child is here. This omission could adversely affect the child later in life when it comes to getting a college scholarship, finding a job, and enjoying privileges such as voting. Parents can seek citizenship for their children under the Child Citizenship Act.
Child Citizenship Act of 2000
Overview
The Child Citizenship Act of 2000 (which went into effect February 27, 2001) was specifically enacted to allow foreign-born children, whether adopted or biological, of American citizens to receive automatic American citizenship. If these children did not receive citizenship at birth, they will receive lawful permanent resident status once they enter the U.S.
Requirements
Under the Child Citizenship Act, a child adopted internationally can receive citizenship if:
- the child is under 18.
- at least one of the adoptive parents is a U.S. citizen who has been physically present in the U.S. for a total of at least five years. Two of these years must have been after the age of 14. If the U.S. parent does not meet the physical presences criteria, it is satisfactory that one of the child's American grandparents meet these criteria.
- the U.S. parent has legal and physical custody of the child.
- under U.S. law, the child is admitted as an immigrant and/or a lawful permanent resident.
- the adoption is legal and finalized.
Criteria Under the Act?
Adoption
A child who enters the U.S. on an IR4 visa with the expected to be adopted in the U.S. acquires citizenship when the adoption is full and final in the States.
Lawful Permanent Residence
A child with lawful permanent residence (LPR) status will be issued a permanent resident card. If he or she does not have this card, another way to indicate LPR is an I-551 stamp in the child's passport. This stamp verifies that the child entered the U.S. on an immigrant visa and/or has been admitted as a lawful permanent resident.
Certificate of Citizenship
To apply for a child to receive a certificate of citizenship, the following is required:
- Document of proof showing the child's relationship to the U.S. citizen parent. If the child is the biological child of the American parent, the document will be a certified copy of the foreign birth certificate. If not in English, a translation is needed. If the child is adopted, the document will be the certified copy of the final adoption decree (with translation if not in English);
- The child's foreign passport that shows the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) I-551 stamp or the child's permanent resident green card;
- Document proving identity of the U.S. citizen parent(s); and
- A passport application along with passport photograph(s) and fees.
Adoptees Not Qualified Under the Act
Any child whose eighteenth birthday preceded the February 27, 2001, effective date of the Act did not acquire American citizenship under the Act. This is the case even where the adoption was legal and the adoptee has lived most of his or her life in the U.S. In these cases, the adoptee should seek naturalization.
Find a Lawyer
If you seek citizenship for your foreign-born biological or adopted child, you need to know what is fully required under the Act. Speak with an immigration lawyer to ensure that your child(ren)'s interests are protected and you avoid obstacles.
