Section 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES

The following requirements must be met for automatic citizenship:

1. The child must have at least one U.S. citizen parent by birth or naturalization
2. The child must be under 18 years of age (at the time the law took effect, the child had to be born no earlier than February 27, 1983)
3. The child must be living in the legal and physical custody of the U.S. citizen parent
4. The child must be in the US in lawful permanent resident status.

Adopted children are also covered if they meet the definition of child found at INA § 101(b)(1); 8 U.S.C. ¢ 1101(b)(1).

This section of the CCA was implemented as INA § 320; 8 U.S.C. § 1431.

Children who become citizens automatically do not receive any documentation of their status. They may apply for a US passport as evidence of status. They may also apply for a Certificate of Citizenship from USCIS using Form N-600 but this is not a requirement.

Section 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES

The following requirements must be met for expeditious naturalization:

1. The child must have at least one parent who is a citizen of the United States by birth or naturalization
2. The US citizen parent must have been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or the US citizen must have a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years
3. The child must be under the age of eighteen years
4. The child must be residing outside of the United States in the legal and physical custody of the citizen parent
5. The child must be temporarily present in the United States pursuant to a lawful admission and must be maintaining such lawful status

Expeditious naturalization allows children of US citizens whose parents do not have the required physical presence to pass on citizenship to use their grandparents' physical presence instead to qualify for US citizenship. It also serves as an alternate path to US citizenship for children of US citizens who did not acquire citizenship at birth and who are not immigrating to the US as lawful permanent residents. The application is made using USCIS Form N-600K. Upon approval, the child enters the US, usually as a visitor with a B-2 visa, to attend an immigration appointment and oath ceremony. Upon taking the oath, a Certificate of Citizenship is issued.

Adopted children are also covered if they meet the definition of child found at INA § 101(b)(1); 8 U.S.C. ¢ 1101(b)(1).

This section of the CCA was implemented as INA § 322; 8 U.S.C. § 1433.

Section 103. CONFORMING AMENDMENT

This section repealed former INA § 321.

Section 104. EFFECTIVE DATE

The effective date of the Child Citizenship Act is February 27, 2001. Children who meet the requirements of the Act on that date automatically became U.S. citizens. Children who were 18 years of age or older on that date did not acquire U.S. citizenship from the Child Citizenship Act of 2000.

Good moral character

The CCA amended the good moral character definition at INA § 101(f); 8 U.S.C. § 1101(f) to protect individuals who registered to vote or voted if they meet the requirements.

Inadmissibility

The CCA amended the inadmissibility ground at INA § 212(a)(10)(D); 8 U.S.C. § 1182(a)(10)(D) to protect individuals who voted and also amended the inadmissibility ground at INA § 212(a)(6)(C)(ii); 8 U.S.C. § 1182(a)(6)(C)(ii) to protect individuals who may have falsely claimed to be US citizens if they meet the requirements.

Removability (Deportation)

The CCA amended the removability ground at INA § 237(a)(6); 8 U.S.C. § 1227(a)(6) to protect individuals who voted and also amended the removability ground at INA § 237(a)(3)(D); 8 U.S.C. § 1227(a)(3)(D) to protect individuals who may have falsely claimed to be US citizens if they meet the requirements.

Federal criminal prosecution

The CCA amended the criminal code at 18 U.S.C. § 611 to protect individuals who voted and also amended the criminal code at 18 U.S.C. § 1015 to protect individuals who may have falsely claimed to be US citizens if they meet the requirements.

Requirements for protection under the CCA for mistake of citizenship

The protections found in Title II of the CCA apply only if:

1. Both parents (either natural or adoptive) is or was a US citizen whether by birth or naturalization
2. The noncitizen was residing permanent in the US since prior to turning 16 years old
3. The noncitizen reasonable believed they were a US citizen

Effective date for Title II of the CCA

Unlike Title I, which took effect in 2001, the changes to the INA in Title II apply to anyone applying for a benefit or subject to prosecution on or after September 30, 1996.