Harrisburg, Pennsylvania skyline

Understanding the Child Citizenship Act of 2000

Compassionate Legal Guidance for Families and Individuals in Camp Hill, Harrisburg, York, and Beyond

Request A Consultation

The Child Citizenship Act of 2000 amended the Immigration and Nationality Act (“INA”). It provided that children born to United States citizen parents abroad may obtain citizenship if they meet certain conditions. Some children born to United States citizens abroad automatically acquire citizenship at birth, and the Child Citizenship Act of 2000 does not apply to those children (see our article entitled “Acquisition of United States Citizenship at Birth” for a discussion of children who automatically obtain United States citizenship at birth). Our immigration lawyers guide families on child citizenship, adoption, and related immigration matters to ensure every eligible child obtains lawful status.

Requirements for Children Living in the United States

Children born to United States citizen parents abroad who are currently residing in the United States must meet, before the age of eighteen (18), the following requirements to obtain their citizenship:

  1. They must have at least one United States citizen parent (the parent’s citizenship may have been acquired through either birth in the United States or naturalization);
  2. They must be admitted to the United States for lawful permanent residency (i.e., they must be a green card holder);
  3. After they have been admitted to the United States, they must reside in the country in the legal and physical custody of their United States citizen parent; and
  4. If they were adopted, their adoption must be full and final, meaning the adoption process is complete and the adoption is fully recognized by the state where the child resides with their parent(s).

Requirements for Children Living Abroad

Children who are living abroad with United States citizen parents must meet, before the age of eighteen (18), the following requirements to obtain their citizenship:

  1. They must have at least one United States citizen parent (the parent’s citizenship may have been acquired through either birth in the United States or naturalization);
  2. Their United States citizen parent must have been physically present in the United States for at least 5 years, of which at least two were after age 14. If the child’s U.S. citizen parent cannot meet the physical presence requirement, one of the child’s U.S. citizen grandparents must meet it;
  3. They must live abroad in the legal and physical custody of their United States citizen parent and be temporarily present in the United States pursuant to a lawful admission and maintain that lawful status; and
  4. They must apply for a certificate of citizenship and take the oath of naturalization.

If you are interested in learning more about the Child Citizenship Act of 2000 and how it may affect you or a loved one, contact us online or call 717-731-8114 to set up a consultation with one of our attorneys.