Citizenship for Adopted Children

Child Citizenship Act ("CCA") signed by President Clinton on October 30, 2000, was valid as of 27 February 2001. The law provides for automatic acquisition of citizenship for adopted children of certain foreign-born U.S. citizen and allow for others does not meet the requirements of automatic citizenship to apply for a certificate of citizenship. Although the INS has not issued implementing regulations for the submission of a certificate of citizenship under the CCA, qualified applicants can search for United States passport for the State Department passport agency to obtain proof of citizenship.

To ease some difficulties, the CCA provides that children born in foreign countries that adopted automatically become citizens when (1) at least one parent is a citizen, by birth or naturalization, (2) children under 18, (3) there full and final adoption of children, and (4) children were treated in the United States as a lawful permanent resident ("green card holders"). Date of operation for automatic acquisition of citizenship is the date when the child is recognized for lawful permanent residence.

Since the Immigration Act of the United States was first founded, has no provision for the acquisition of United States citizenship by children of foreign parents born U.S. citizen. This law has been amended many times over the years, but the child's date of birth control such as what the law should look to determine whether a child born in a certain foreign country to obtain citizenship at birth. In addition, the law allows for children citizens of the United States to citizenship "down" in the naturalization of one or both of their parents United States Citizen. This problem can be very complex, so that the feasibility question should only be addressed to the competent immigration lawyer, a legal sense is clear from the initial consultation. Unfortunately, these laws at the time seem arbitrary and unfair, so in cases that seem identical to have the opposite result.

INS has promised to work to "streamline and re-" the process to obtain citizenship certificates, which currently takes months. Unfortunately, it may take several months for new procedures that will be resolved through new regulations and INS policy memorandum. Meanwhile, at least the children who qualify for automatic citizenship to apply directly for a U.S. passport with the Ministry of Foreign Affairs to obtain proof of citizenship.

If the adopted child does not meet the requirements for citizenship "automatic", the child's parent may apply for naturalization on behalf of their child if (1) at least one parent is a citizen, whether by birth or naturalization, (2) resident parent has physically present in the United States for at least five years, two of them after reaching the age of 14, or the elderly citizens of the United States have parents U.S. citizen who has been physically present in the U.S. for at least five years including two years after reaching age 14 years, (3) children under the age of 18 years, and (4) children who are outside the United States in the legal and physical custody of the citizen parent, or child while in the United States based on the recognition of legitimate and maintain valid status.

To be eligible for a certificate of citizenship under this rule, the child must have been adopted before reaching the age of 16 years and must have must have been in the adoptive parents of physical and legal custody for a minimum period of two years.