Frequently Asked Questions about Citizenship

Q. If a person’s parents were aliens when the person was born, but the person was born on U.S. soil, is that person a citizen?

A: Yes, a person born on U.S. soil is a citizen at birth regardless of the nationality of the parents.

 

Q. What are the ways a person may become a citizen?

A. There are three ways a person can become a citizen of the United States. The first way is by birth. One is automatically a citizen if he is born in the United States. In this instance, one’s birth certificate is proof of citizenship. One is also a citizen by birth if he is born outside the U.S., has at least one U.S. citizen parent, and certain conditions apply. In this scenario, one may want to obtain a Certificate of Citizenship to prove citizenship. The second way one can become a citizen is by meeting the requirements for citizenship set forth in the Child Citizenship Act of 2000 which has been if effect since February 27, 2001. If the child meets these requirements, then he is automatically a U.S. citizen even though he was not born a U.S. citizen and did not go through the naturalization process to become a U.S. citizen. In this scenario, one may want to obtain a Certificate of Citizenship to prove U.S. citizenship. The third way one can become a citizen is through a process called naturalization. Naturalization enables a person who was not born a citizen of the United States or who does not qualify for citizenship under the Child Citizenship Act of 2000 to become a United States citizen.

 

Q. How can one become a citizen if one does not qualify for citizenship at birth or through the Child Citizenship Act of 2000?

A. Through a process called naturalization. Naturalization is the process by which most aliens becomes citizens. In order for an alien to become a citizen through naturalization, he/she has to meet certain requirements.

 

Q. May a person attain citizenship at birth if the person was born abroad?

A. Yes. A person is a citizen at birth when born outside the U.S. under the following circumstances:

  1. Both parents were U.S. citizens when the person was born and at least one of the parents lived in the United States at some point in their life. The record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. A person in this scenario may also apply for a passport to have his citizenship recognized. If he/she needs additional proof of citizenship, he/she may file an “Application for Certificate of Citizenship” (Form N-600 for natural offspring or Form N-643 for adoptees) with the USCIS to get a Certificate of Citizenship; or,
  2. One parent was a U.S. citizen when the person was born and the citizen parent lived at least five years in the United States before he was born, where at least two of the five years were after the citizen parent attained the age of fourteen. The record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. A person in this scenario may also apply for a passport to have his citizenship recognized. If he needs additional proof of citizenship, he may file a Form N-600 (link to PDF Form N-600) for natural offspring or N-643 for adoptees with the USCIS to get a Certificate of Citizenship.

 

Q. If my child is adopted, may my child qualify for U.S. citizenship under the Child Citizenship Act?

A. Yes, but he must meet all the requirements to qualify for U.S. citizenship under the Act. For information regarding those requirements, please click here. (link to “What is The Child Citizenship Act of 2000” article)

 

Q. If my child is adopted and is a U.S. citizen because he meets the requirements for citizenship under the Child Citizenship Act, what form do I need to apply for a Certificate of Citizenship for him?

A. You need an N-643.

 

Q. If my child is not adopted but is my natural child and is a U.S. citizen because he meets the requirements for citizenship under the Child Citizenship Act, what form do I need to apply for a Certificate of Citizenship for him?

A. You need an N-600.

 

Q. Under the Child Citizenship Act, do I have to apply to the USCIS to obtain U.S. citizenship for my child?

A. No, under the Act, if your child meets the requirements for U.S. citizenship, he/she is automatically a U.S. citizen and you do not have to do anything further for your child to become a U.S. citizen. You may want to obtain documentation to prove your child’s U.S. citizenship. This can be done by filing for a Certificate of Citizenship.

 

Q. If my child meets all the requirements for U.S. citizenship under the CCA except that his petition for permanent residence is pending, is automatic U.S. citizenship granted to him?

A. No. In order for a child to benefit from the Act, he must already be a permanent resident. If he does not have permanent resident status, even though it may be pending, he is not considered a U.S. citizen under the Act. However, if his permanent resident petition is approved, and your child still meets all the other criteria for U.S. citizenship under the Act at the time of approval, he will be considered a U.S. citizen at that time.

 

Q. When did the Child Citizenship Act become effective?

A. It became effective on February 27, 2001.

 

Q. If my child met all of the requirements for U.S. citizenship under the CCA before February 27, 2001, but not at that date or later, is my child a U.S. citizen?

A. No. The act became effective as of February 27, 2001, meaning that U.S. citizenship was conferred on qualifying children only after that date. U.S. citizenship was not granted before that date, even though the Act was passed in October of 2000 and many children qualified for U.S. citizenship under the act between its enactment date and effective date. If your child qualified for U.S. citizenship under the Act before the effective date, but is no longer qualified on or after the effective date, then your child is not a U.S. citizen under the Act. If your child continued to qualify for U.S. citizenship under the act after the effective date, then your child became a U.S. citizen automatically on February 27, 2001.

 

Q. My child meets all the requirements for U.S. citizenship under the Child Citizenship Act, but I became a U.S. citizen through naturalization. Is my child a U.S. citizen?

A. Yes. One of the requirements for a child to become a U.S. citizen under the act is that at least one of his parents is a U.S. citizen. The parent may be a U.S. citizen either by birth or naturalization.

 

Q. I am a seventeen-year-old permanent resident and my parents are divorced. In a court settlement over custody, my U.S. citizen parent was granted visitation rights. However, my non-U.S. citizen parent was granted legal custody of me. May I qualify for U.S. citizenship under the CCA?

A. No. One of the requirements for U.S. citizenship under the act is that the U.S. citizen parent must have legal custody of the child. If your U.S. citizen parent does not have custody, then you do not qualify. You may, however, qualify for expedited naturalization.

 

Q. If my eighteenth birthday was before February 27, 2001, may I qualify for U.S. citizenship under the Child Citizenship Act?

A. No. One of the requirements is that the child must be under eighteen to benefit from the act. If your eighteenth birthday was on February 27, 2001 or earlier, you may not benefit from the act.

 

Q. My child has a green card but is living abroad. Can my child be considered a U.S. citizen under the Child Citizenship Act?

A. No. To qualify, your child must be physically present in the U.S. and live permanently in the U.S. Your child may become a U.S. citizen automatically if he moves to the U.S. permanently and meets all the other requirements under the act when he moves to the U.S.