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April 19, 2010: Child Citizenship Act of 2000 Issues

Child Citizenship Act of 2000 Issues

Do I need to get a lawyer if I am trying to file under the Child Citizen Act of 2000?
— Anonymous

There is nothing that needs to be ‘filed’ under the Child Citizenship Act of 2000. The issue is whether a child is a United States citizen by virtue of this law.

According to the United States Department of State, “the Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).” This law became effective on February 27, 2001. This means that if, on February 27, 2001 or later, you have at least one United States citizen parent, you are under the age of 18, you live in the legal and physical custody of the United States citizen parent, and you are a lawful permanent resident of the United States, you are automatically a United States citizen.

This law does not apply to children who were over the age of 18 on February 27, 2001. These legal requirements can be found in the Immigration and Nationality Act (INA) at section 320. Thus, you may want to bring the child’s birth certificate, adoption decree (where applicable), proof of the child’s lawful permanent residence, proof of parent’s United States citizenship, and proof of legal and physical custody to an experienced immigration attorney to review and advise whether this law (or a different law) applies to you.

You may want to consult with and/or hire an attorney to determine whether this law applies to your specific facts.

Michael Shane and Evan Shane, Immigration Attorneys

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