Frequently Asked Questions On Immigration
(Adopted) Child Is A Citizen Under the New Law
Q.
Is It true that a new law makes our adopted child a U.S. citizen? We recently adopted a
16-month-old baby from Russia. We understand that we don't have to file anything to make
him a US. citizen. Is that true?
A. Assuming your adopted child entered the United States as a permanent resident and one
of you is a U.S. citizen, and the child is a U.S. citizen. For proof, apply to get him a
U.S. passport. The new law helps more than just adopted children. Some experts consider
the new law the most significant change in naturalization rules in more than 300 years.
Now, any permanent resident child gets automatic (derivative) citizenship when only one
parent naturalizes. Under prior law, a child with Married parents would have gotten
automatic citizenship only when both parents naturalized. Where the child had only one
citizen parent, the parent had to file for a certificate of citizenship for the child.
That's no longer required. Also, the old law didn't give derivative citizenship to the
permanent resident children of native U.S. citizens. The new law does.
Under the new law, achild gets automatic citizenship when:
- The child, (including adopted children) has at least one United States citizen
parent (by birtfi or naturalization);
- The child is under 18 years of age. To benefit, the child must be under 18 on Feb.
27, 2001;
- The child is currently residing permanently in the U . S. In the legal and
physical custody of the U.S. citizen parent;
- Child is a lawful permanent resident.
A child who is under 18 who meets the above requirements will become a U.S. citizen on
Feb. 27.
(By Alan Wernick)
 
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