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Child Citizenship Act of 2000, Acquisition of Citizenship, And Derivative Applications
By The Experienced Houston Naturalization Attorneys at Law Offices of Steven Tuan Pham
What is the Child Citizenship Act of 2000?
The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted, children of American citizens to acquire American citizenship upon entry into the U.S. based on an I-130 sponsorship by a U.S. citizen parent. As such, these children are granted citizenship when they enter the United States as lawful permanent residents (LPRs). The Houston Texas U.S. Citizenship Application Attorneys and the U.S. Naturalization and Derivative Citizenship Lawyers at the Law Offices of Steven Tuan Pham. are experienced in assisting applicants obtaining citizenships through naturalization and derivative citizenship. Please contact our Houston Immigration Lawyers and our Houston Naturalization Attorneys for assistance. Our U.S. Houston Immigration Lawyers may be reached at 713-517-6645
Acquisition of U.S. Citizenship
Prior to the enactment of the Child Citizenship Act of 2000, a child born abroad, in wedlock to one U.S. citizen parent and a foreign national parent must be qualified as a U.S. citizen through acquisition to be a U.S. citizen. Alternatively, to qualify as a derivative citizen, the child must be under 18 when BOTH of the parents became U.S. citizens. Those that were born out of wedlock to a U.S. citizen mother may be acquire U.S. citizenship if qualified as stated below. Thos that were born out of wedlock to a U.S. citizen father and a foreign national mother cannot acquire U.S. citizenship unless the father certified in an affidavit that he is the father, takes responsibility for the child, and may also have to provide other evidence (such as a paternity test), prior to the child turning 18.
A child born in wedlock to one parent that is a U.S. citizen and one foreign national, on or after November 14, 1986, may be “acquire” citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after the parent reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.
A child born in wedlock to one parent that is a U.S. citizen and one foreign national between December 24, 1952 and November 13, 1986: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship providing the U.S. Citizen parent had, prior to the birth of the child, been physically present in the United States for a period of ten years, at least five years of which were after the American parent reached the age of fourteen.
A child born in wedlock to one parent that is a U.S. citizen and one foreign national between January 13, 1941 and December 23, 1952: A child born outside of the United States to one U.S. Citizen parent and one non-U.S. Citizen parent, may be entitled to citizenship providing the U.S. Citizen parent had, prior to the birth of the child, resided in the United States for a period of ten years, at least five years of which were after the American parent reached the age of sixteen.
What Are the Requirements of the Child Citizenship Act of 2000?
To be eligible, the child must have at least one American citizen parent by birth or naturalization. The child must be under 18 years of age at the time the parent become a U.S. citizen. In additiona, the child must live in the legal and physical custody of the American citizen parent. Finally, the child be admitted as an immigrant for lawful permanent residence. In addition, if the child is adopted, the adoption must be full and final.The effective date of Act is 2-27-2001. As such, if you are under 18 at the time of that date, you are a U.S. citizen. Contact the U.S. Consulate Immigration Application Attorneys and the U.S. Citizenship Application Lawyers at the Law Offices of Steven Tuan Pham. for assistance in preparing and filing your applications abroad or with the USCIS.
Derivative U.S. Citizensship
Prior to the Child Citizenship Act of 2000, a child that is under the age of 18 may be a derivative citizen only both parents have been naturalized. As of the effective date of the Child Citizenship Act of 2000 (February 27, 2001), the child under the age of 18 is a derivative citizen if at least 1 parent becomes a U.S. citizen. The child must have been a permanent resident or had received an immigrant visa to come to the U.S. To obtain proof of derivative citizenship, the child must file the application with USCIS and go through the interview process. Upon approval, the USCIS will provide a Certficate of Citizenship, certifying that the child is a U.S. citizen. Subsequently, the child may apply for a passport with the U.S. Department of State.
Immigration Law is a vast area of law and every situation is unique. You should NOT rely on the limited information on this general site in replacing a personal consultation with an experienced Houston Immigration Lawyer. There may be legal issues, depending on the facts and circumstances, in which you may not be aware. Please feel free to give us a call at 713-517-6645 , or to contact us online, for more information. Call the Houston Immigration Attorneys and the Spring Houston Naturalization Lawyers at the Law Offices of Steven Tuan Pham today at 713-517-6645 or complete our Contact Form.