Aquino & Aquino
A PROFESSIONAL LAW CORPORATION
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Citizenship for Children
As many are aware, the Child
Citizenship Act of 2000 was enacted into law on October
30, 2000. Under the new law, foreign-born children may
be eligible to acquire citizenship automatically if they
meet certain requirements. This law includes adopted children.
The new law becomes effective on February 27, 2001.
Children Residing in the United States: Under the new
law, certain foreign-born children currently residing
permanently in the United States will acquire citizenship
automatically. To qualify, the child must meet the following
criteria prior to the child's 18th birthday: (1) at least
one parent is a United States citizen, by either birth
or naturalization; (2) the child is currently residing
permanently in the United States in the legal and physical
custody of the United States citizen parent; and (3) the
child is a lawful permanent resident.
The most significant change is that a child will now be
eligible to acquire citizenship automatically upon the
naturalization of only one parent, as long as the child
is in the legal and physical custody of that citizen parent.
Individuals must note that the new law is not retroactive.
In other words, it only applies to individuals who are
18 years of age or younger on February 27, 2001. Also,
automatic citizenship is not conferred to a child who
is in the United States illegally or as a tourist.
Children Residing Outside of the United States: The law
according automatic citizenship does not apply to children
residing outside of the United States. In order to obtain
benefits, the following requirements must be fulfilled:
(1) the child has at least one U.S. citizen parent, by
birth or naturalization; (2) the U.S. citizen parent has
been physically present in the United States for at least
five years, at least two of which were after the age of
14-or the United States citizen parent has a citizen parent
who has been physically present in the United States for
at least five years, at least two of which were after
the age of 14; (3) the child is under 18 years of age;
and (4) the child is residing outside the United States
in the legal and physical custody of the United States
citizen parent.
Should these requirements be met, then the citizen parent
must submit an application for naturalization on behalf
of the child. Since the US Embassies do not have jurisdiction
over naturalization applications, the child will be given
a temporary tourist visa in order to enter the United
States and appear for the interview. If the naturalization
application is approved, the child must take the same
oath of allegiance administered to adult naturalization
applicants. If the child is too young to understand the
oath, INS may waive the oath requirement.
These same rules apply to adopted children. However, for
children who are adopted (other than orphans), the law
continues to mandate a two-year residency requirement
with the adoptive child in order for that child to be
considered a "child" under the immigration laws.
The acquisition of United States citizenship is a treasure
sought by so many. The opportunity to automatically acquire
citizenship by children is a tremendous avenue toward
maintaining family unity. Individuals should take advantage
of this wonderful opportunity.
For
free initial consultation please call tel. no. (626) 339-1424
fax no. (626) 339-3484. Visit his main office at 669 S.
Second Avenue Covina, CA 91723. E-mail: info@aquinolaw.net
or visit our website www.aquinolaw.net.
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Copyright
2002
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