Search articles:
Schedule an appointment

Child Citizenship Act of 2000 – Sections 320 and 322 of
the Immigration and Nationality Act

Child Citizenship Act


Overview

On of the seminal changes in U.S. immigration laws was The Child Citizenship Act of 2000, which became effective on February 27, 2001.  It serves to facilitate the acquisition of U.S. citizenship of the foreign-born children of U.S. citizens – both biological and adopted – who did not acquire citizenship at birth. This act amended the provisions of Sections 320 and 322 of the Immigration and Nationality Act. TOP

Section 320: Automatic Acquisition of U.S. Citizenship for Children Born Outside of the United States and Residing Permanently in the United States

The child must meet the following requirements:

  • Have at least one U.S. citizen parent by birth or naturalization;
  • Be under 18 years of age;
  • Live in the legal and physical custody of the U.S. citizen parent;
  • Be admitted as an immigrant for lawful permanent residence; and

If the child is an orphan, the adoption must be final. If the adoption must be finalized in the United States, citizenship is acquired when the adoption is finalized. TOP

What Is the Effective Date of the Child Citizenship Act?

The effective date of the Child Citizenship Act is February 27, 2001. Children who met the requirements of amended Section 320 on that date automatically became American citizens. Children who were 18 years of age or older on that date are not eligible to take advantage of the Child Citizenship Act. They may, however, have acquired U.S. citizenship in accordance with the provisions of the Immigration and Nationality Act that the Child Citizenship Act superseded. Questions regarding these provisions may be directed to the consular sections of U.S. embassies and consulates abroad.  TOP

What Happens When the Child is Adopted in the United States?

A child who enters the United States on an IR4 visa (to be adopted in the United States) will only acquire U.S. citizenship when the adoption is full and final in the United States. TOP

How Does a Child Show Lawful Permanent Residence?

A child who has lawful permanent residence (LPR status) will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child's passport. This stamp shows that the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident. TOP

Must the Child Get a Certificate of Citizenship?

A child who has acquired U.S. citizenship in accordance with Section 320 of the Immigration and Nationality Act does not have to obtain a Certificate of Citizenship in order to be considered a U.S. citizen; however, if you want to obtain such a certificate, you need to submit a completed N-600 form (Application for Certificate of Citizenship) and the requisite filing fee to any Field Office of the Bureau of Citizenship and Immigration Services of the Department of Homeland Security. The form may be obtained by going to this page.    TOP

How Does the Child Get a Passport Under the Child Citizenship Act?

You will need the following when the child applies for a passport:

  • Proof of the child's relationship to the U.S. citizen parent. For the biological child of the U.S. citizen this will usually be a certified copy of the foreign birth certificate (and translation if not in English). In circumstances where it is not clear that the birth certificate is adequate proof of a biological relationship between the child and the U.S. citizen parent, other types of evidence, including medical and/or DNA tests, may be required. For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);
  • The I-551 stamp endorsed in the child's foreign passport showing that the Bureau of Citizenship and Immigration Services admitted the child for lawful permanent residence , or the child's permanent resident card (green card);
  • Proof of identity of the U.S. citizen parent(s)
  • Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions. TOP

Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?

No. Only a child who acquired U.S. citizenship at birth can get a birth certificate from an embassy or consulate. A child who acquires U.S. citizenship in accordance with the provisions of the Child Citizenship Act of 2000 is deemed to be a naturalized U.S. citizen. TOP

Section 322: Children Born and Residing Outside of the United States; Conditions for Acquiring Certificate of Citizenship

Another section of the Child Citizenship Act provides that children (biological or adopted) of U.S. citizens who are born and reside abroad, and who do not become U.S. citizens at birth can apply to the Bureau of Citizenship and Immigration Services for a Certificate of Citizenship if the following conditions are met.

  • At least one parent of the child is a U.S. citizen by birth or naturalization;
  • The U.S. citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents can meet it.
  • The child is under the age of eighteen;.
  • The child lives abroad in the legal and physical custody of the U.S. citizen parent and has been lawfully admitted into the United States as a nonimmigrant.
  • If the child is an orphan, the adoption must be finalized.

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the Bureau of Citizenship and Immigration Services for a Certificate of Citizenship by completing form N-600K and remitting the necessary filing fee. The form may be submitted to any field office of the Bureau of Citizenship and Immigration Services and may be obtained by going to this page.  TOP

Who May File the N-600K Form?

The form may be filed by a U.S. citizen parent. If, however, the U.S. citizen parent has died during the preceding five years, the form may be filed by either a U.S. citizen grandparent or a U.S. citizen legal guardian. TOP

May the N-600K Form be Filed from Overseas?

Yes. TOP

When does the Child Acquire U.S. Citizenship Under Section 322?

The child acquires U.S. citizenship only when the Bureau of U.S. Citizenship and Immigration Services approves the application for the Certificate of Citizenship. TOP

Source: Travel.State.Gov


Articles related to this topic

  • Basic Guide on Becoming a Naturalized U.S. Citizen

  • Videos related
    Author
    Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 30 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..
    Click-to-Call us

    Use our automated
    Click-to-call to contact Apsan Law Offices, LLC. or
    call directly at
    1(877) 873-8510

    Click to call immigration lawyers


    nj immigration lawyers
    PayPal
    Consultation
    Sign up

    Immigration news
    New York -- Tomorrow, November 19, 2014 at 8 p.m. EST, at a televised speech positioning the plan. President Barack Obama will reveal the much-expected immigration plan, Thus, altering the rules for d...
    It looks like President Obama is singing an old Paul McCartney tune: "I've had enoughI can't put up with any moreNo no no no no no noI've had enoughI can't put up with any moreNo no no no no no...
    If Ronald Reagan were alive today, he probably would have cringed when he realized that his own party, the Republican Party, has been blocking the way for a comprehensive immigration reform. A law...
    President Obama is angry. Following a year of trying to convince Congress to pass an immigration reform law, President Obama vented his fury today in a scorching White House speech, saying it's ti...
    June 4, 2014 - É possível uma ordem executiva prestar socorro imediato a determinadas disposições das leis draconianas em vigor daimigração, mesmo enquanto se...
    June 4, 2014 - É possível uma ordem executiva prestar socorro imediato a determinadas disposições das leis draconianas em vigor daimigração, mesmo enquanto se...
    When an immigration case has run its’ course and the alien has not violated the terms of the bond, ICE cancels the immigration bond. Once this is done, ICE notifies the Debt Management Cente...
    June 6, 2014 - Washington D.C. On this day, the U.S. Citizenship and Immigration Services (USCIS) informed the public of its’ new renewal system for the many thousands of youths who were gr...
    The multinational company, TelexFREE, recently shut down in Brazil is being investigated by the Secretary of the State  in Massachusetts, triggered by TelexFree’s filing for federal ban...
    This past Monday, Multinational company, TelexFree, filed for bankruptcy protection in a federal court in Nevada. The next day FBI and Homeland Security agents raided the company’s offi...
    The Executive Office for Immigration Review (EOIR), has made available an immigration courts’ 800 Phone Number, which allows anyone to obtain information about their case though its automate...
    While Congress languishes on agreement to comprehensive immigration reform, a pro-immigration movement is sweeping the individual states. According to NCSL report for 2013, 184 laws were enacted a...
      CALABASAS, Calif. It seems that the more famous you are, the greater the chance of screwing up. Such is the case of Justin Bieber, a Canadian citizen, who is facing felony charges for alle...
    Immigration reform has been the perennial Ping-Pong in Congressional politics. Democrats are constantly on the march for comprehensive immigration laws, while ((Republican fear the word comprehensive,...
    Thousands of intending immigrants apply for U.S. residency every year. As part of the process, each applicant must have their fingerprint taken and processed through many agencies, such as the FBI, In...
    Attaining equality for the lesbian, gay, bisexual and transgender (LGBT) community has been a pressing civil rights issue created by our malfunctioning immigration system. The problem is heightene...
    Source: apsanlaw.com After weeks of contentious debate all 52 Democrats, as well as 14 Conservatives and two independents were responsible for the passage of the Senate Bill S.744, a landmark imm...
    FOR IMMEDIATE RELEASE U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2014. This marks th...