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Automatic Acquisition of Citizenship After Birth

From USCIS Policy Manual (Chapter 4: Automatic Acquisition of Citizenship After Birth):

The Child Citizenship Act of 2000 (CCA) amended INA 320 and removed INA 321 to create only one statutory provision and method for children in the United States to automatically acquire citizenship after birth. According to INA 320, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:

  • The person is a child[3] of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent);
  • The child is under 18 years of age;
  • The child is a lawful permanent resident (LPR); and
  • The child is residing[6] in the United States in the legal and physical custody of the U.S. citizen parent.

Berardi Immigration Law Associate Attorney Erica Chiodo has more in the video below, plus read about U.S. Citizenship for Children Born Abroad: Things to Know on the Berardi Blog. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.