CHILD CITIZENSHIP ACT OF 2000 (HR 2883)

HR 2883 amends the Immigration and Nationality Act to grant automatic citizenship to children born abroad who are (1) under 18 years of age; (2) admitted to the U.S. as a lawful permanent resident; and (3) in the legal and physical custody of at least one parent who is a U.S. citizen. The bill eliminates the current requirement that the parents of such children submit an application to have their children naturalized. It applies equally to all children of U.S. citizen parents who are lawfully admitted for permanent residence, regardless of whether or not they were adopted.

UPDATED FREQUENTLY ASKED QUESTIONS

When will the Act go into effect?
The Act was signed into law on October 30, 2000. It will take effect 120 days later, on February 27, 2001.

How will the Act affect adopted children?
Under the Act, children adopted from abroad by U.S. citizens receive the same treatment as children born abroad to U.S. citizens. A child whose adoption is completed abroad becomes a citizen immediately upon entering the U.S. as a lawful permanent resident. In cases where the child is coming to the U.S. for purposes of adoption (but has not yet been adopted), that child becomes a citizen (having previously entered the U.S. as a lawful permanent resident) the moment the adoption becomes final.

Will the Act apply to children adopted before it goes into effect?
Yes. The Act will confer automatic citizenship on any child who meets the three conditions set forth above as of the effective date, regardless of the date of the child's adoption or entry into the U.S.

Does automatic really mean automatic, or will parents still be required to take steps to ensure that their children are granted citizenship?
Once the conditions have been met, citizenship will be conferred by operation of law, without any further action required on the part of the family or the government. However, parents may still wish to obtain an official document indicating that the child is a U.S. citizen, such as a passport or certificate of citizenship, and we will be working with the INS to establish procedures by which such documents can be obtained.

What should parents do if they have already applied for citizenship for the child?
Nothing. If the Act goes into effect while the application is pending, the child will become a citizen as of that date and will no longer need to be naturalized.

Will children of American citizens who do not live in the U.S. be able to become citizens as well?
Yes, but citizenship will not be automatic in such cases. A parent will be able to apply for naturalization on behalf of the child as under current law, provided that the child is temporarily present in the U.S. pursuant to a lawful admission and at least one parent or grandparent has been physically present in the U.S. for a minimum of five years (at least two of which were after attaining the age of 14 years).

PREPARED BY THE OFFICE OF THE HONORABLE WILLIAM D. DELAHUNT
U.S. HOUSE OF REPRESENTATIVES