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December 1, 2000
The Child Citizenship Act of 2000
On October 30, 2000, President Clinton signed into law H.R. 2883, the Child
Citizenship Act of 2000. The new law, Public Law 106-395, amends the Immigration
and Nationality Act (INA) to permit foreign-born children—including adopted
children —to acquire citizenship automatically if they meet certain
requirements. It becomes effective on February 27, 2001.
To implement the new law, the Immigration and Naturalization Service (INS) is
currently drafting interim regulations, which will be published in the
Federal Register before the law’s effective date.
Which Children Automatically Become Citizens Under the New 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 law1 and
must also meet the following 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 is a lawful permanent resident;
- An adopted child meets the requirements applicable to adopted children under
immigration law2
Acquiring citizenship automatically means citizenship acquired by law without
the need to apply for citizenship. A child who is currently under the age of 18
and has already met all of the above requirements will acquire citizenship
automatically on February 27, 2001. Otherwise, a child will acquire citizenship
automatically on the date the child meets all of the above requirements.
Is the Law Retroactive? Is Automatic Citizenship Provided for Those Who Are
18 Years of Age or Older?
No. The new law is not retroactive. Individuals who are 18 years of age or
older on February 27, 2001, do not qualify for citizenship under Public Law
106-395, 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.
Will Eligible Children Automatically Receive Proof of Citizenship—Such As
Citizenship Certificates and Passports?
No. Proof of citizenship will not be automatically issued to eligible
children. However, if proof of citizenship is desired, beginning February 27,
2001, parents of children who meet the conditions of the new law may apply for a
certificate of citizenship for their child with INS and/or for a passport for
their child with the Department of State.
What Will INS Do With Currently Pending Applications for Certificates of
Citizenship?
For pending applications filed to recognize citizenship status already
acquired, INS will continue to adjudicate such applications under the relevant
law applicable to the case. For applications that required INS approval before
an individual could be deemed a U.S. citizen, INS will adjudicate those cases
under current law until February 27, 2001. On February 27, 2001, INS will
adjudicate those cases under the new law and for applicants who automatically
acquire citizenship as of the effective date, INS will issue certificates of
citizenship reflecting the person’s citizenship as of that date.
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. 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.
To be eligible, a child must meet the definition of "child" for
naturalization purposes under immigration law3, and must also meet
the following requirements:
- The child has at least one U.S. citizen parent (by birth or naturalization);
- The U.S. 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—having entered the
United States lawfully and maintaining lawful status in the United States;
- An adopted child meets the requirements applicable to adopted children under
immigration law4;
- 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, INS may waive the oath
requirement.
– INS –
1 Section 101(c) of the INA. The INA is on the INS Web site:
www.ins.usdoj.gov.
2 Section 101(b)(1) of the INA.
3 Section 101(c) of the INA.
4 Section 101(b)(1) of the INA. | 
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