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Child Citizenship Act of 2000

If you are an American citizen and recently obtained an immigrant visa for your child, he/she may benefit from the provisions of the "Child Citizenship Act of 2000."  This law, effective on February 27, 2001, facilitates the acquisition of United States citizenship for the foreign-born children (both biological and adopted) of United States citizen parents when those children do not acquire United States citizenship at birth.

Under this law, children automatically acquire U.S. citizenship if all of the following conditions have been met:

  1. One parent is a U.S. citizen, by birth or through naturalization.

  2. The child is under the age of eighteen.

  3. The child is residing in the United States pursuant to a lawful admission as a permanent resident alien in the legal and physical custody of the American citizen parent.

Under this law, U.S. citizenship becomes effective on the day that all of the conditions have been met.  Thus, U.S. citizenship will not date back to your child’s date of birth.

Although U.S. citizenship is conferred automatically for those who qualify, you should obtain documentary proof of your child’s status as a U. S. citizen.  This can be done either through the acquisition of a U. S. passport or applying to USCIS for a Certificate of Citizenship.  Please note that a Certificate of Citizenship is not a travel document and cannot be used in place of a passport.  Further information on applying for a Certificate of Citizenship can be found at http://www.bcis.gov/graphics/index.htm and further information on passport applications can be found at http://travel.state.gov/passport/get/minors/minors_834.html

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