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The
Child Citizenship Act (CCA) was enacted February 27, 2001, and
significantly amends U.S. nationality law.
Under prior law, 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. Frequently, delays in the old application
process left adopted children subject to deportation.
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. 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.
Under the CCA, these children will automatically acquire U.S. citizenship
on the date that all of the following requirements are satisfied:
- At least one adoptive parent is a U.S. citizen,
- The child is under 18 years of age,
- There is a full and final adoption of the child, and
- The child is admitted to the United States as an immigrant
It is important to note that this process is not naturalization.
No application or petition is necessary to establish the child's U.S.
citizenship. That is what is meant by "automatic"
citizenship.
If the child satisfies the requirements listed above, he or she
automatically acquires U.S. citizenship by operation of law. If the adoption
is completed abroad, the child automatically
becomes a citizen on the day he or she is admitted to the United States as
an immigrant. If the adoption is completed in the U.S., the child child automatically becomes a citizen on the day the full and final
adoption is completed. The child’s citizenship status is no longer
dependent on INS approving a naturalization application.
To document the child's automatically-acquired citizenship, the most
straightforward method is to apply for a U.S.
passport. A Certificate
of Citizenship may also be applied for.
FOR MORE INFORMATION:
Contact John Byrley at
tel: 410-719-1501.
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