INS PROVIDES GUIDANCE ON CITIZENSHIP ACT OF 2000
As of February 27, 2001, certain foreign born children, including adopted children, currently
residing in the U.S. as green card holders will automatically acquire citizenship.
Acquiring citizenship automatically means citizenship acquired by law without the need to apply for this status.
Which children will automatically become a citizen under the new act?
A child who is currently under the age of 18 and also meets all the above requirements will automatically acquire
citizenship on February 27, 2001, or else the child will acquire citizenship on the date all requirements are met.
This law is not retroactive. Individuals who are 18 years of age or older on February 27, 2001 do not qualify under
this law. If they want to pursue citizenship, they must apply for naturalization if they meet eligibility requirements
that currently exist for adult lawful permanent residents.
Eligible children have to apply for proof of citizenship. Beginning February 27, 2001, parents of children who meet
the condition of the new law may apply for a certificate of citizenship for their child with INS, and/or for a
passport for their child with the Department of State.
What will I.N.S. do with pending applications?
Will children (including adopted children) born and residing outside the united states automatically acquire citizenship?
For more information visit the INS website: http://www.ins.usdoj.gov
-From Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition's website http://www.miracoalition.org
For application filed to recognize citizenship status already acquired and pending to be processed, the INS will
continue to adjudicate such applications under the relevant law applicable to the case. For the application 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. The INS will adjudicate those cases under the new law on February 27, 2001,
and for applicants who automatically acquire citizenship as of the effective date, the Service will issue certificates
of citizenship reflecting the person's citizenship as of that date.
No. In order for a child born and residing outside of the U.S. to acquire citizenship, the U.S. citizen parent must
apply for naturalization on behalf of the child. The naturalization process in such situations cannot take place overseas.
The child has to be in the U.S. temporarily to complete naturalization processing and take the oath of allegiance.
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