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February 27, 2001
Child Citizenship Act
Information for Adoptive Parents
The Child Citizenship Act (CCA) is effective on February 27, 2001. The CCA
represents a significant and important change in the nationality laws of the
United States. Under the new law, most foreign-born children adopted by U.S.
citizens will automatically acquire U.S. citizenship on the date they immigrate
to the United States. In the past, adoptive parents had to apply for
naturalization for their foreign-born children, who did not acquire citizenship
until the Immigration and Naturalization Service (INS) approved the
application. On occasion, delays in the old application process left adopted
children subject to deportation from the United States. The change made by the
CCA to automatic acquisition of citizenship by operation of law permanently
protects the adopted children of U.S. citizens from deportation.
INS will work with Congress, the adoption community and other stakeholders to
re-engineer and streamline the process for receiving a Certificate of
Citizenship. In the interim, parents who would like to wait for the
re-engineered process before filing for a Certificate of Citizenship but wish
to have documentation of their child’s status as a citizen, may file for a U.S.
passport.
How many children will automatically become citizens on February 27, 2001?
INS estimates that 70,000 to 75,000 children will automatically become citizens
on February 27, 2001. In addition, U.S. citizens adopt and immigrate
approximately 20,000 foreign-born children each year. The vast majority of
these children will benefit from the automatic citizenship provisions of the
CCA.
Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship on the
date that all of the following requirements are satisfied:
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At least one adoptive parent is a U.S. citizen,
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The child is under 18 years of age,
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There is a full and final adoption of the child, and
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The child is admitted to the United States as an immigrant
Do I have to apply to INS for my child’s citizenship?
No. If your child satisfies the requirements listed above, he or she
automatically acquires U.S. citizenship by operation of law. If you completed a
full and final adoption abroad, your child automatically becomes a citizen on
the day he or she is admitted to the United States as an immigrant. If you
complete the adoption or have to re-adopt your child after your child has been
admitted to the United States as an immigrant, your child automatically becomes
a citizen on the day the full and final adoption is completed. Your child’s
citizenship status is no longer dependent on INS approving a naturalization
application.
Will INS automatically provide me with documentation of my child’s citizenship?
Unfortunately, INS is not able to automatically provide adoptive parents with
documentation of their child’s citizenship at this time. However, INS will work
with Congress, the adoption community and other stakeholders to re-engineer the
current process of issuing Certificates of Citizenship for adopted children.
This re-engineering will address both the application process and costs.
What documentation can I get of my child’s citizenship?
If you want documentation of your child’s U.S. citizenship, you may obtain a
Certificate of Citizenship from INS and/or a U.S. passport from the Department
of State. You do not need a Certificate of Citizenship issued by INS in order
to obtain a passport for your child.
What forms do I file and what are the fees to obtain a certificate of
citizenship?
If you want to file for a Certificate of Citizenship for your child at this
time, file Form
N-643, Application for Certificate of Citizenship in Behalf of an
Adopted Child, with a $125 filing fee.
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