DERIVED / ACQUIRED CITIZENSHIP

The Child Citizenship Act of 2000 (CCA), effective as of 27 FEB 2001, expanded the laws regarding the derivative acquisition of U.S. citizenship by minor children requiring the following:

• The child must have U.S. lawful permanent resident status; and
  
• At least one parent must be a U.S. citizen by birth or naturalization; and
  
• The child must be residing in the U.S. in the legal and physical custody the U.S. citizen parent.

If all 3 elements met, U.S. Citizenship is automatically conferred upon the child. These cases apply to both biological and adopted children.

Prior to the The Child Citizenship Act of February of 2001 the law required that both parents naturalize. Except when one parent is deceased; the Naturalization parent has custody of the child in a legal separation or divorce; or the child was born out of wedlock and the naturalizing parent is the mother.
These cases can be very complex, but with our experience and knowledge, our firm can guide your through the process.