Some foreign born children may obtain U.S. citizenship by operation of law. The Child Citizenship Act of 2000 is a relatively new piece of legislation and is not widely known or discussed. For a child to be eligible for U.S. citizenship, the child must meet the following requirements:
- Child has at least one U.S. citizen parents;
- Child is under the age of eighteen;
- Child is currently permanently residing in the United States in the physical custody of their U.S. citizen parent;
- Child is a permanent resident;
- Child must have been under the age of eighteen on February 27, 2001.
U.S. citizenship is automatically granted to a child who meets the above requirements. There is no application that must be filed in order for the child to be approved for U.S. citizenship. We do recommend, however, that documentation be obtained that will prove your child is a U.S. citizen. The two most common documents used to establish citizenship in the U.S. are a U.S. Passport or a Certificate of Citizenship. If you adopt a child from another country, that child may also be eligible for citizenship through this section.
If you believe that your child is a U.S. citizen but you have questions regarding the Child Citizenship Act of 2000, please contact our office to speak with an attorney from our immigration team.