Information for Adoptive Parents on the
Child Citizenship Act (CCA)
CCA in brief
The Child Citizenship Act (CCA) became effective on February 27, 2001. Under this new law, most foreign-born children adopted by U.S. citizens will automatically acquire U.S. citizenship on the date they immigrate to the United States. The change to automatic acquisition of citizenship by operation of law made by the CCA permanently protects the adopted children of U.S. citizens from deportation. INS is currently working with Congress, the adoption community and other stakeholders to re-engineer and streamline the process for receiving a Certificate of Citizenship. In the interim, parents who would like to wait for the re-engineered process before filing for a Certificate of Citizenship but wish to have documentation of their child's status as a citizen, may file for a U.S. passport.
Frequently Asked Questions
Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
- At least one adoptive parent is a U.S. citizen
- The child is under 18 years of age
- There is a full and final adoption of the child
- The child is admitted to the United States as an immigrant
Do I have to apply to INS for my child's citizenship?
No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law. If you completed a full and final adoption abroad, your child automatically becomes a citizen on the day he or she is admitted to the United States as an immigrant. If you complete the adoption or have to re-adopt your child after your child has been admitted to the United States as an immigrant, your child automatically becomes a citizen on the day the full and final adoption is completed. Your child's citizenship status is no longer dependent on INS approving a naturalization application.
Will INS automatically provide me with documentation of my child's citizenship?
Unfortunately, INS is not able to automatically provide adoptive parents with documentation of their child's citizenship at this time. However, INS is currently working with Congress, the adoption community and other stakeholders to re-engineer the current process of issuing Certificates of Citizenship for adopted children. This re-engineering will address both the application process and costs.
What documentation can I get of my child's citizenship?
If you want documentation of your child's U.S. citizenship, you may obtain a Certificate of Citizenship from INS and/or a U.S. passport from the Department of State. You do not need a Certificate of Citizenship issued by INS in order to obtain a passport for your child.
What forms do I file and what are the fees to obtain a certificate of citizenship?
If you want to file for a Certificate of Citizenship for your child at this time, file Form N-643, Application for Certificate of Citizenship in Behalf of an Adopted Child, with a $125 filing fee.
What documents do I have to submit with the Form N-643?
For children who have immigrated to the United States, parents will not be required to submit any evidence that is already contained in the INS file, including translations of documents. If your child has immigrated to the United States (has a "green card") after a full and final adoption abroad, you should submit Form N-643, photographs of your child and the INS filing fee. If your child has immigrated to the United States (has a "green card") to be adopted or re-adopted, you should submit Form N-643, photographs of your child, INS filing fee, evidence of a full and final adoption, and evidence of all legal name changes (if applicable). After review of the application, INS may ask that you submit additional documents to establish your child's citizenship status, but these requests generally only will occur in cases where discrepancies need to be resolved between the application and INS records.
Will INS require an interview to adjudicate the Form N-643?
An interview generally will not be required for obtaining a Certificate of Citizenship under the CCA. However, INS may request an interview if discrepancies between the application and INS records need to be resolved.
Where Should I File the Form N-643?
File the Form N-643, with required supporting documents, at the INS district office or suboffice in the United States that has jurisdiction over your place of residence.
Will my child be harmed if I wait for INS to re-engineer its process to document my child's citizenship?
No. Your child's citizenship status will not be negatively affected if you wait for INS to re-engineer its process before you document your child's citizenship. If your child satisfies the requirements for automatic acquisition of citizenship, his or her citizenship is obtained by operation of law and cannot be lost by failure to document it. You can obtain a passport from the Department of State, even if you decide to wait for INS to re-engineer its process. As part of those efforts INS intends to implement a streamlined process for the automatic issuance of Certificates of Citizenship.
Is automatic citizenship provided for adopted children living outside the United States?
No. In order for a foreign-born child living outside the United States to acquire citizenship, the U.S. citizen parent must still apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.
To be eligible, a child must meet the following requirements:
- The child has at least one U.S. citizen parent (by birth or naturalization)
- 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 U.S. 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
- The child is under 18 years of age
- The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent
- The child is temporarily present in the United States–having entered the United States lawfully and maintaining lawful status in the United States
- The child must meet the requirements applicable to adopted children under immigration law.
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.
Is automatic citizenship provided for those who are 18 years of age or older?
No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.
What is INS doing with currently pending applications for certificates of citizenship?
For pending applications filed to recognize citizenship status already acquired, INS will continue to adjudicate such applications under the relevant law applicable to the case. For applications that required INS approval before an individual could be deemed a U.S. citizen, INS will adjudicate those cases under current law until February 27, 2001. On February 27, 2001, INS will adjudicate those cases under the new law and, for applicants who automatically acquire citizenship as of the effective date, INS will issue certificates of citizenship reflecting the person's citizenship as of that date.
If you have more questions or would like for us to assist you in applying for a Certificate of Citizenship for your adopted child, please contact us at:
KRA Immigration Law
12763 Stark Road, Suite 201
Livonia, Michigan 48150, USA
Phone: 1 (734) 762-7260
Fax: 1 (734) 762-7606
Email: Questions@cis-immigration.com
If you want to see what qualifies us to help you in this matter please visit the About section of this web site.
