Immigration law in the United States is intricate and oftentimes confusing to digest. Certain legislations may have positive or adverse effects on families striving to obtain citizenship. The Child Citizenship Act of 2000 has had a significant impact on immigrant families since its enactment. To find out how the Child Citizenship Act may affect your family during your immigration journey contact a skillful NYC family immigration attorney.
What is the Child Citizenship Act?
The Child Citizenship Act (CCA) was enacted in 2000 and gives certain benefits to children who did not acquire United States citizenship at birth. The law amended the Immigration and Nationality Act of 1965 to allow children of U.S. citizens born on or after February 28, 1983 to become citizens given that they satisfy certain requirements before they turn 18 years of age.
Under this act, foreign-born biological or adopted children of United States citizens can acquire citizenship. Requirements under this act include the following. The child must:
- Have at least one parent who is a U.S. citizen by birth or naturalization
- Be under the age of 18
- Be admitted into the U.S. as an immigrant for lawful permanent residence
- Reside in the U.S. under the physical and legal custody of a U.S. citizen parent
- Have a legally complete adoption recognized by the residential U.S. state (if applicable)
Children of U.S. citizens may also be eligible for a certificate of naturalization if the following conditions are met. The child must:
- Have at least one parent who is a U.S. citizen and has been present in the U.S. for at least 5 years, 2 of those years having been after the parent turned 14 years of age
- Be under the age of 18
- Reside outside of the U.S. under the physical and legal custody of a U.S. citizen parent
- Be temporarily and lawfully present in the U.S.
If the above are completed and recognized before the child turns 18 they may be eligible for citizenship or naturalization.
What is the Impact of the CCA?
The CCA is generally regarded as a positive step for immigrant families. The Child Citizenship Act altered certain outdated policies and simplified the citizenship process for children of U.S. citizens.
The provisions under the CCA grant automatic citizenship for foreign-born children who are adopted by U.S. citizens as well as children born to U.S. citizens abroad. Before the CCA children had to endure a complicated naturalization process. The CCA allows immigrant families and adoptive parents to avoid the uncertainty of a complex and costly citizenship process.
Overall the Child Citizenship Act has allowed families to more effectively and easily navigate the immigration process and focus on building their lives as a unit, rather than worrying about the potential issues they may run into when seeking citizenship for their children.
If you have any questions regarding the CCA or your journey to gaining citizenship for your child, contact one of our skilled immigration attorneys today to speak with an experienced legal professional.
