On October 30, 2000, President Clinton signed into law H.R. 2883, the Child Citizenship Act of 2000. The new law, Public Law 106-395, amends the Immigration and Nationality Act (INA) to permit foreign-born children—including adopted children —to acquire citizenship automatically if they meet certain requirements. It became effective on February 27, 2001. Certain foreign-born children—including adopted children—currently residing permanently in the United States acquired citizenship automatically.
To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law and must also meet the following requirements:
• The child has at least one United States citizen parent (by birth or naturalization);
• The child is under 18 years of age;
• The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;
• The child is a lawful permanent resident;
• An adopted child meets the requirements applicable to adopted children under immigration law
Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. A child who was under the age of 18 and has already met all of the above requirements acquired citizenship automatically on February 27, 2001. Otherwise, a child acquired citizenship automatically on the date the child meets all of the above requirements.
But How Do You Prove Citizenship
You can prove citizenship by applying for a passport (Form DS-11) or a Certification of Citizenship (N-600).
U.S. Passport
To obtain U.S. passport, you must complete a Form DS-11 (available at any passport agency or accessible online). Application in person is required for first time passport applicants.
Proof of citizenship is required to get a passport. For citizens born in the United States, this can be done by producing a previous U.S. passport or certified birth certificate. For applicants born outside the United States, this can be done by submitting a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, or Report of Birth Abroad. For those who obtained citizenship through Child Citizenship Act, they should provide proof of residence status or an immigrant visa as well as at least one United States citizen parent and residence in the United States. In addition to citizenship, the applicant must prove identity, provide two color photographs, and pay all required fees.
During the period of its validity, a U.S. passport has the same force and effect as a certificate of citizenship. It is not subject to collateral attack in an administrative immigration proceeding, and it constitutes conclusive proof of the holder’s U.S. citizenship. Even an expired passport serves as prima facie evidence of citizenship and cannot be disregarded unless there is clear and convincing evidence showing that it was issued through fraud or error.
Certificate of Citizenship
Certain categories of citizens are statutorily eligible to receive a certificate of citizenship.
The application for a certificate of citizenship is submitted to U.S. Citizenship and Immigration Services (USCIS) on Form N-600, with the appropriate fee and photographs, and accompanied by evidence establishing the claimed citizenship, such as birth, marriage, death, and divorce certificates.
In certain cases, such as when the application is accompanied by a Report of Birth Abroad of a Citizen of the United States, an unexpired U.S. passport, or the naturalization certificates of the applicant’s parent or parents, the application may be processed without an interview. In all other cases, the applicant (or a parent or guardian) may be required to appear for an interview before a USCIS officer.
Citizenship is an important right, please have the necessary evidence, U.S. passport, Certificate of Naturalization, Certificate of Citizenship, or Report of Birth Abroad, to prove your citizenship and protect yourself.