Immigrant Visas
Child Citizenship Act of 2000
As you complete the process of seeking an immigrant visa for your child, please note that your child may benefit from the provisions of the "Child Citizenship Act of 2000." This law, effective on February 27, 2001, facilitates the acquisition of United States citizenship for the foreign-born children (both biological and adopted) of United States citizen parents when those children do not acquire United States citizenship at birth.
Under this law, children automatically acquire U.S. citizenship if all of the following conditions have been met:
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One parent is a U.S. citizen, by birth or through naturalization.
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The child is under the age of eighteen.
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The child is residing in the United States pursuant to a lawful admission as a permanent resident alien in the legal and physical custody of the American citizen parent.
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Adopted children must meet the requirements of either Section 101(b)(1)(E) or Section 101(b)(1)(F) of the Immigration and Nationality Act.
Additional Information
Under this law, U.S. citizenship becomes effective on the day the last of the foregoing conditions have been met. Thus, U.S. citizenship will not date back to your child’s date of birth.
Although U.S. citizenship is conferred automatically with respect to those who qualify, you may wish to obtain documentary proof of your child’s status as a U.S. citizen, thereby making his/her acquisition of U.S. citizenship a matter of record.
One way to do so is to apply for a U.S. passport for your child. After your entry into the United States and your child’s admission for permanent residence, you may take a completed passport application to any passport agency, clerk of court, or post office that is authorized to accept such applications. As proof that your child has complied with the conditions cited above, it is important to present either your child’s legal permanent residence card (a.k.a. "green card") or the passport containing the Customs and Border Protection (CBP) endorsement made at the time of his/her initial admission into the United States as an immigrant. For further information on the passport application process, please consult the Department of State’s website.
You can also document your child’s citizenship by applying to the United States Citizenship and Immigration Service (USCIS) for a Certificate of Citizenship. Please note, however, that a Certificate of Citizenship is not a travel document and cannot be used in lieu of a passport for that purpose.