Are you aware of The Child Citizenship Act of 2001? Many immigrants are unaware of this law and are not taking advantage of it.
On February 27, 2001, the Child Citizenship Act (CCA) became law and in that capacity grants automatic United States Citizenship to foreign born and adopted children of United States Citizens. This is significant because prior to the CCA, the process of obtaining citizenship for such children was too lengthy and cumbersome exposing applicants to deportation from the United States. Under the CCA, qualified children will automatically gain United States Citizenship on the day they immigrate to the United States.
In order to qualify, the parent (or grandparents) of a qualified child living abroad must have at least five years of actual physical presence in the United States or any of its possessions. At least two of those five years of required physical presence must have occurred after the age of 14. Under the CCA, a qualifying child would have to fulfill the following general requirements:
• Be under the age of 18 residing in the United States or abroad;
• Have at least one parent or legal guardian who is a United States Citizen;
• Be under the legal and physical custody of said United States Citizen;
• If in the United States, the child must be a legal permanent resident;
• In some cases, parents must submit evidence of full and final adoption and the pertinent name changes.
The process will differ depending on each applicant, but generally, if your child lives in the United States, all you need to submit along with your application are the child’s photographs and the proper fee. The thinking is that the USCIS already has a file detailing the conditions of the child’s admission as a legal permanent resident, therefore no other documents need be submitted.
A parent who is adopting a child from abroad must submit:
• A properly filled out application and fee
• Photos of the child
• The child’s birth certificate
• Your marriage certificate, including proof of termination of any previous marriages
• Evidence of the legal adoption, including name changes
Under the above-described procedure, the parent and the child will have to travel to the United States in order to finalize the application process.
Aimé M. Katambwe, Esq. is an attorney with WorldEsquire Law Firm, LLP focusing on Immigration and Nationality Law.
For more information, please call 661-294-0911 or email aime@worldesquire.com .