• The Child Citizenship Act (CCA)

CCA became effective on February 27, 2001. The CCA represents a significant and important change in the U.S. immigration law. Under the 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.

• Qualification of automatic citizenship of adopted children

Under the CCA, the adopted 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;
• A full and final adoption of the child is completed; and
• The child is in the U.S. as a permanent resident.

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.

• The general rule for adopted children to become U.S. citizens if not qualified under CCA

For the adopted child whose parent(s) is a U.S. citizen:

After the adoption is completed and the child has entered the United States as a permanent resident, the adoptive parent may apply for citizenship on behalf of the child by filing ?orm N-643.  This must be done before the child is 18 years old in order for the child to become a U.S. citizen. If the naturalization process is not completed before the child's 18th birthday, the child will have to apply for naturalization on his own behalf.

For the adopted child whose parent(s) is a U.S. permanent resident:

If the adopted child is unmarried and under 18 and his parent(s) is a U.S. permanent resident, he can be included in the naturalization petition of his alien parent(s) as a derivative beneficiary by filing Form N-400. He must also be a permanent resident and reside in the U.S. before his eighteenth birthday.

For adopted children over 18:

If the adopted child is 18 years or older, he must apply for naturalization independently and meet eligibility requirements that currently exist for adult lawful permanent residents.

• Adopted children living outside the United States do not automatically attain U.S. citizenship

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 who is a U.S. citizen 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; and
• The child meets the requirements applicable to adopted children under immigration law.

For more information on immigration Process for Regular Adoption, please visit the following links:

• Regular I-130 Petition
• Definition of Child
• Adoption of Foreign-born Orphans
• Adopted Children
• Adoption By U.S. Citizens
• Adoption by U.S. Permanent Residents
• Adoption by Aliens in the U.S. with Valid Nonimmigrant Status
• The Immigration Procedure for an Adopted Child
• Citizenship for adopted children
• Immigration Privileges for the Biological Parents of Adopted Children