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http://www.uscis.gov/graphics/publicaffairs/backgrounds/cbground.htm
Information for Adoptive Parents of Foreign-Born Orphans Residing in the U.S.
The Child Citizenship Act (CCA) of 2001 provides that foreign-born children who are younger than 18 years of age, have at least one U.S. citizen parent, and take up lawful permanent residence in the United States in the custody of that U.S. citizen parent automatically acquire U.S. citizenship. Please see our Fact Sheet for more.
Frequently Asked Questions
1. Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
* At least one parent is a U.S. citizen,
* The child is under 18 years of age,
* If the child is adopted, a full and final adoption of the child,
* The child is admitted to the United States as a lawful permanent resident, and
* The child is residing in the legal and physical custody of the citizen parent in the United States.
2. Do I have to apply to USCIS for my child’s citizenship?
No. If your child satisfies the requirements listed under the CCA above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.
3. What documentation can I get of my child’s citizenship?
If your child who meets the CCA qualifications above has not already received a Certificate of Citizenship, you can obtain one by application. You will need to file Form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. Passport from the Department of State.
4. Will USCIS automatically provide me with documentation of my child’s citizenship?
As of January 20, 2004, USCIS implemented a streamlined process for newly entering eligible IR-3 children and their families to issue them a Certificate of Citizenship within 45 days of entering the United States.
5. Is automatic citizenship provided for those adoptive children who are 18 years of age or older?
No. Adoptive children who were 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA. Unless they derived or acquired citizenship under previous laws, such persons have not automatically become U.S. citizens. If they wish to become U.S. citizens, they must apply for naturalization and meet the eligibility requirements for that process.
6. What forms do I file and what are the fees?
If your child permanently resides in the U.S., you can apply for evidence of citizenship by filing form N-600 (Application for Certificate of Citizenship). The N-600 filing fee on behalf of an adopted minor child is less than the fee for other applicants and is indicated in the form’s filing instructions.
7. Where should I file the forms?
You can file form N-600 (Application for Certificate of Citizenship) at any USCIS District Office or Sub-Office that that holds jurisdiction over your permanent residence.
8. What resources are available to answer questions about the Child Citizenship Act?
For more information about the CCA application procedures and forms, you may go to the USCIS Web site at
http://uscis.gov or contact our National Customer Service Center at 1-800-375-5283. USCIS has also made available field guidance and public materials to all information officers and other front line staff to aid them in answering questions.
