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Unclas section 01 of 03 state 009319
E.o. 12958: n/a
Tags: cpas
Subject: H.R. 2883 - Child Citizenship Act of 2000
1. Summary on October 30, 2000, President Clinton signed
into law H.R. 2883, "Child Citizenship Act of 2000." this
cable provides the salient features of the legislation
which becomes effective on February 27, 2001. In
addition, at paragraph seven below, posts will find a
series of Q's and A's pertaining to this law. In a
nutshell, H.R. 2883 amends section 320 of the immigration
and nationality act so as to facilitate the automatic
acquisition of U.S. citizenship for children (both
biological and adopted) of U.S. citizens who are born
abroad and who do not acquire citizenship at birth. In
addition, the bill repeals INA section 321 and amends INA
Section 322 so as to apply only to children who reside
outside of the United States. End summary
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INA section 320: automatic acquisition of U.S. citizenship
for some children
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2. On October 30, 2000, President Clinton signed into law
2883, "Child Citizenship Act of 2000." section 101
of the act amends INA section 320 so that "(a) a child
born outside of the United States automatically becomes a
citizen of the United States when all of the following
conditions have been fulfilled:
(1) at least one parent of the child is a citizen of the
United states, whether by birth or naturalization.
(2) the child is under the age of eighteen years.
(3) the child is residing in the United States in the legal
and physical custody of the citizen parent pursuant to a
lawful admission for permanent residence.
(b) subsection (a) shall apply to a child adopted by a
United States citizen if the child satisfies the
requirements applicable to adopted children under section
101(b) (1) -"
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INA section 322: certificate of citizenship to children
who reside abroad
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3. Section 102 of the act serves to amend INA section 322
in the following manner: "(a) a parent who is a citizen of
the United States may apply for naturalization on behalf
of a child born outside of the United States who has not
acquired citizenship automatically under section 320. The
Attorney General shall issue a certificate of citizenship
to such parent upon proof, to the satisfaction of the
Attorney General, that the following conditions have been
fulfilled:
(1) at least one parent is a citizen of the united states,
whether by birth or naturalization.
(2) the United States citizen parent- (a) 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; or (b) has 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 is under the age of eighteen years.
(4) the child is residing outside of the United States in
the legal and physical custody of the citizen parent, is
temporarily present in the United States pursuant to a
lawful admission, and is maintaining such lawful status.
(b) upon approval of the application (which may be filed
from abroad) and, except as provided in the last sentence
of section 337 (a), upon taking and subscribing before an
officer of the service within the United States to the
oath of allegiance required by this act of an applicant
for naturalization, the child shall become a citizen of
the United States and shall be furnished by the attorney
general with a certificate of citizenship.
(c) subsections (a) and (b) shall apply to a child adopted
by a United States citizen parent if the child satisfies
the requirements applicable to adopted children under
Section 101(b) (1)."
4. Posts will note that INA section 322 continues to apply
only to children who reside abroad and who are only
temporarily in the U.S. pursuant to a lawful admission.
________________________
INA section 321 repealed
________________________
5. Section 103 of H.R. 2883 repeals in its entirety INA
Section 321 ("child born outside of United States of alien
parent; conditions under which citizenship automatically
acquired").
______________
Effective date
6. The bill's effective date is 120 days after its
enactment (i.e., February 27, 2001). It applies to all
individuals who meet the requirements of amended sections
320 and 322 on that date.
___________
Q's and A's
7. Q: does this legislation change the manner by which
children adopted overseas by American citizens are brought
into the United States?
A: no.
Q: does section 320 apply to foreign-born children who
are adopted in the U.S. as well as those who have been
adopted abroad?
A: yes, as long as the child meets the requirements of
INA sections 101(b)(1)(e) or (f) and was admitted into the
U.S as a LPR.
Q: will a child who acquires citizenship pursuant to
amended section 320 need to apply to INS for a certificate
of citizenship or any other documentation?
A: no. As soon as the child can demonstrate that the
three conditions now set out in section 320 have been met,
s/he is a U.S. citizen and can be documented as such with
A U.S. passport. In addition, the child can also apply to
INS for a certificate of citizenship. It must be
emphasized, however, that neither a passport nor a
certificate of citizenship is a prerequisite for
citizenship acquisition.
Q: does it matter in which order the three conditions
are satisfied?
A: no. The child acquires citizenship automatically
as soon as the last of the three requirements has been
fulfilled.
Q: will a child's claim to ciitzenship pursuant to
amended section 320 be adversely affected by the fact that
s/he returns overseas after having been admitted into the
U.S. as a LPR but prior to being documented with a
passport or certificate of citizenship? Can post issue a
passport in these circumstances?
A: yes, a passport can be issued. Again, the child's
claim to U.S. citizenship vests as soon as the three
conditions set out in section 320 are satisfied. The
department is of the view that the residence requirements
of the new law are met as soon as INS admits the child
stateside as a LPR. Such an interpretation, we believe,
is consistent with the intent of congress to streamline
the acquisition of citizenship in these cases.
Q: is the law retroactive?
A: no. Individuals who are 18 years of age or older
on February 27, 2001, do not qualify under this law
notwithstanding the fact that they meet the law's other
criteria; however, children, including those adopted prior
to February 27, 2001, who are under 18 and residing in the
United States as a LPR in the legal and physical custody
of a U.S. citizen parent on February 27, 2001 acquire
citizenship automatically.
Q: will foreign service posts issue reports of birth
for children who acquire citizenship under amended section
320?
A: no. Reports of birth are issued only to children
who acquire citizenship pursuant to chapter 1
("nationality at birth and by collective naturalization")
of title iii of the INA. Citizenship acquired by virtue
of section 320 is deemed naturalization in accordance with
chapter 2 of title iii of the INA.
Q: can children who heretofore have not been documented
as American citizens but who now meet the requirements of
Section 320 be documented as american citizens?
A: yes.
Q: what happens if a child has LPR status and otherwise
meets the conditions of section 320 but is currently
temporarily overseas?
A: the child acquires citizenship automatically under
Section 320 as soon as s/he is next admitted stateside as
a LPR, provided that s/he is under the age of 18 at the
time of admission.
Q: can posts issue an niv to a child so as to enable
her/him to acquire a certificate of citizenship pursuant
to amended section 322?
A: yes, provided the child demonstrates an intent to
return to a residence abroad after a temporary visit to
the U.S.
Q: what if citizenship applications have already been
filed for children who are eligible for automatic
citizenship under the new law?
A: until February 27, 2001, INS will continue to
process all currently pending applications for
certificates of citizenship under the current law.
effective February 27, 2001, INS will begin processing all
pending and newly filed applications for certificates of
citizenship under the new law.
* * * *
Talbott
Bt
#9319
