In the light of recent discussions concerning child citizenship under N-600 and N-600K, I thought people might be interested in the following Appendix to the USCIS Adjudicators Handbook.
Appendix 71-7 Implementation Instructions for Title I of the Child Citizenship Act of 2000.
Of particular interest is the section covering how officers are to handle cases where children have been living outside of the US. Text of that section follows:
Lawful Admission and Maintenance of Status
To qualify under section 320 of the CCA, applicants must establish not only that they have been admitted to the United States as lawful permanent residents, but also that they are “residing in” the United States pursuant to admission in such status. Admission in any immigrant classification satisfies the lawful permanent resident requirement. A more difficult question is raised by the requirement that the applicant be “residing in” the United States. Under the section 101(a)(33) of the Act, “residence” is d efined as “the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent." On the other hand, in certain circumstances, an alien with lawful permanent resident status may live outside the United States without losing that status, and for some purposes U.S. citizens living outside the United States are considered to still have a residence in the United States.
The Service, in conjunction with the Department of State, is reviewing the legal question of whether, and if so, under what circumstances, a child with lawful permanent resident status who is actually living outside the United States can be described as “residing in” the United States for purposes of the CCA. Until this question is resolved, the Service and Department of State will only document as a United States citizen a child in two instances. First, the child will qualify if on or after February 27,200 1, the child is admitted as a lawful permanent resident and actually living in the United States. Second, the child will qualify if the child was previously admitted as a lawful permanent resident, but was absent from the United States on February 27, 2001, the child will qualify only if that child has returned to the United States and was re-admitted as a lawful permanent resident. The child must also be in the legal and physical custody of the U.S. citizen parent. The Service and Department of State, in t he interim, will regard that child as residing in the United States.
Under section 322 of the Act, a foreign-born child who resides outside the United States must be lawfully admitted to the United States and maintain such lawful status until the application for certificate of citizenship is approved and the oath of allegiance administered (unless waived). “Admission” is defined under section 101(a)(13)(A) of the Act. A child may be admitted in any nonimmigrant classification. A child is considered to have maintained lawful status if his or her nonimmigrant classification ha s not been revoked or has not expired by operation of law.
The Service should determine whether an applicant has maintained such lawful status by reviewing the Form I-94, Arrival-Departure Record. Applicants should be permitted to submit this information at the time of examination, as many section 322 applications are filed prior to the child's actual entry into the U.S. on a nonimmigrant visa.
Appendix 71-7 Implementation Instructions for Title I of the Child Citizenship Act of 2000.
Of particular interest is the section covering how officers are to handle cases where children have been living outside of the US. Text of that section follows:
Lawful Admission and Maintenance of Status
To qualify under section 320 of the CCA, applicants must establish not only that they have been admitted to the United States as lawful permanent residents, but also that they are “residing in” the United States pursuant to admission in such status. Admission in any immigrant classification satisfies the lawful permanent resident requirement. A more difficult question is raised by the requirement that the applicant be “residing in” the United States. Under the section 101(a)(33) of the Act, “residence” is d efined as “the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent." On the other hand, in certain circumstances, an alien with lawful permanent resident status may live outside the United States without losing that status, and for some purposes U.S. citizens living outside the United States are considered to still have a residence in the United States.
The Service, in conjunction with the Department of State, is reviewing the legal question of whether, and if so, under what circumstances, a child with lawful permanent resident status who is actually living outside the United States can be described as “residing in” the United States for purposes of the CCA. Until this question is resolved, the Service and Department of State will only document as a United States citizen a child in two instances. First, the child will qualify if on or after February 27,200 1, the child is admitted as a lawful permanent resident and actually living in the United States. Second, the child will qualify if the child was previously admitted as a lawful permanent resident, but was absent from the United States on February 27, 2001, the child will qualify only if that child has returned to the United States and was re-admitted as a lawful permanent resident. The child must also be in the legal and physical custody of the U.S. citizen parent. The Service and Department of State, in t he interim, will regard that child as residing in the United States.
Under section 322 of the Act, a foreign-born child who resides outside the United States must be lawfully admitted to the United States and maintain such lawful status until the application for certificate of citizenship is approved and the oath of allegiance administered (unless waived). “Admission” is defined under section 101(a)(13)(A) of the Act. A child may be admitted in any nonimmigrant classification. A child is considered to have maintained lawful status if his or her nonimmigrant classification ha s not been revoked or has not expired by operation of law.
The Service should determine whether an applicant has maintained such lawful status by reviewing the Form I-94, Arrival-Departure Record. Applicants should be permitted to submit this information at the time of examination, as many section 322 applications are filed prior to the child's actual entry into the U.S. on a nonimmigrant visa.