UNCLASSIFIED (U)

8 FAM 301.10

Acquisition of U.S. Citizenship by the Child Citizenship Act

(CT:CITZ-1;   06-27-2018)
(Office of Origin: CA/PPT/S/A)

8 FAM 301.10-1  CHILD CITIZENSHIP ACT OF 2000

8 FAM 301.10-1(A)  Summary

(CT:CITZ-1;   06-27-2018)

a. The Child Citizenship Act of 2000 (CCA), Public Law 106-395, took effect February 27, 2001.  It applies to children who were under the age of 18 on February 27, 2001; that is, children born on or after February 28, 1983:

(1)  This law amended INA 320 to extend U.S. citizenship automatically to certain foreign-born children of U.S. citizens.  It extended citizenship to three categories of children:

(a)  Children of naturalized citizens;

(b)  Children adopted abroad by U.S. citizens; and

(c)  Children born abroad to a U.S. citizen and who do not otherwise acquire U.S. citizenship at birth under INA 301 as made applicable by INA 309.

(2)  The law repealed Immigration and Nationality Act (INA) 321.  It also amended INA 322 to apply only to children who reside outside the United States and who do not have Lawful Permanent Resident (LPR) status;

(3)  The statute also amended INA 322 to provide for expeditious naturalization to children born outside the United States and who do not have LPR status.  The acquisition of U.S. citizenship under the revised INA 320 or revised INA 322 is a form of expedited administrative naturalization.  Section 322 INA is administered exclusively by U.S. Citizenship and Immigration Services (USCIS);

(4)  Children acquiring U.S. citizenship under the Child Citizenship Act are not eligible for form FS-240, Consular Report of Birth Abroad of Citizen of the United States of America or form DS-1350, Certification of Birth; and

(5)  Stepchildren cannot avail themselves of the CCA unless they have been adopted by the U.S. citizen step parent.

See …

Department of State (DOS) Bureau of Consular Affairs Internet

DOS Child Citizenship Act of 2000

USCIS Internet

Information for Parents of Foreign-Born Biological Children Residing in the United States

Information for Adoptive Parents of Foreign Born Orphans Residing in the United States

Information for Adoptive Parents With Children Residing Abroad

Child Citizenship Act Program Update

8 FAM 301.10-1(B)  Revised INA 320

(CT:CITZ-1;   06-27-2018)

Under revised INA 320 (Child Citizenship Act of 2000), a child born outside the United States (adopted or biological), as defined in INA 101(b)(1), (who did not otherwise acquire U.S. citizenship at birth under INA 301 as made applicable by INA 309), automatically becomes a citizen of the United States when all of the following conditions have been fulfilled, while the child is under the age of 18.  The order in which the conditions are fulfilled has no significance:

(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 18;

(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 LPR;

(4)  INA 320 applies to a child adopted by a United States citizen if the child satisfied the requirements applicable to adopted children under INA 101(b)(1);

(5)  It also applies to children born to U.S. citizens who cannot otherwise transmit citizenship; and

(6)  INA 320 pertains to children born out of wedlock to a U.S. citizen parent who cannot otherwise transmit citizenship.  (USCIS Memorandum HQ 70/34.2-P September 26, 2003, transmitting Memorandum Opinion of the Acting Assistant Attorney General, Office of Legal Counsel for the Acting Principal Legal Advisor Bureau of Citizenship and Immigration Services, Department of Homeland Security dated July 24, 2003.)  A child must meet the definition of child under INA 101(c) to qualify under INA 320.  Since INA 101(c) requires legitimation, and since legitimation is a concept that involves fathers (not mothers), a child born out of wedlock who claims citizenship through his/her father, must be legitimated to qualify under INA 320.  Of course, to the extent that countries have adopted collective legitimation statutes, and that legitimation by actual parental act (as opposed to operation of law) is sometimes not necessary and in certain circumstances may not even be possible, that becomes relevant in the determination.

NOTE:  Children adopted by U.S. citizens or claiming citizenship through the naturalization of a parent cannot benefit from INA 320 unless they have Lawful Permanent Resident status, even if they are residing in the United States.

8 FAM 301.10-1(C)  Revised INA 322

(CT:CITZ-1;   06-27-2018)

a. Pursuant to INA 322 (as revised by the Child Citizenship Act of 2000) a U.S. citizen parent or, if the U.S. citizen is deceased and it is within 5 years of such death, a U.S. citizen grandparent or other guardian, may submit an application for naturalization on behalf of the child born outside of the United States.

b. USCIS will issue a Certificate of Citizenship upon proof, to the satisfaction of USCIS, that the following conditions have been fulfilled:

(1)  Citizenship of a parent:  At least one parent is a citizen of the United States, whether by birth or naturalization;

(2)  Physical presence of a U.S. citizen parent or grandparent:  The United States citizen parent has been physically present in the United States or its outlying possessions for a period or periods totaling not less than 5 years, at least 2 of which were after attaining the age of 14; or the U.S. citizen parent has a citizen parent (the grandparent of the child) who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than 5 years, at least 2 of which were after attaining age 14;

NOTE:  In order to take advantage of the physical presence of the citizen grandparent for INA 322 purposes, the U.S. citizen grandparent need not be alive.  The latter's physical presence may be considered if he/she had met the physical presence requirement prior to his/her death.  (USCIS Memorandum HQ 70/34.2-P April 17, 2003.)

(3)  The child is under the age of 18;

(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.  Such children are issued B-2 visas.  (See 9 FAM 402.2-4(B)(7) for (U) Children Seeking Expeditious Naturalization under INA 322.

(5)  Upon approval of the application for a Certificate of Citizenship (which may be filed with USCIS from abroad) and, if not waived because of the child’s age, upon taking and subscribing before an officer of USCIS within the United States to the oath of allegiance required by the INA of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by USCIS with a Certificate of Citizenship;

(6)  INA 322 pertains to children as defined under INA 101(c)(1) including those born out of wedlock to a U.S. citizen parent; and per USCIS guidance, it also pertains to children who meet the requirements applicable to an adopted child under INA 101(b)(1).  (USCIS Memorandum HQ 70/34.2-P September 26, 2003.); and

(7)  Upon issuance of a Certificate of Citizenship, such a child is eligible to apply for a U.S. passport.

8 FAM 301.10-1(D)  Repeal of INA 321

(CT:CITZ-1;   06-27-2018)

a. While the Child Citizenship Act of 2000 repealed INA 321, individuals may still be documented as U.S. citizens if they can show that they have met the requirements of the former INA 321 prior to its repeal on February 27, 2001.

b. Former INA 321 (8 U.S.C. 1432) provided:

INA 321

“Child Born Outside of the United States of Alien Parent; Conditions Under Which Citizenship Automatically Acquired”

(a) A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions:

The naturalization of both parents; or

The naturalization of the surviving parent if one of the parents is deceased; or

The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation; and if

Such naturalization takes places while such child is under the age of eighteen years; and

Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clauses (1) of this subsection, or the parent naturalized under clause (2) or (3) of this subsection, or thereafter begins to reside permanently in the United States while under the age of eighteen years.

(b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent or parents, in the custody of his adoptive parent or parents, pursuant to lawful admission for permanent residence."

8 FAM 301.10-2  EVIDENCE OF CITIZENSHIP UNDER THE CHILD CITIZENSHIP ACT OF 2000

8 FAM 301.10-2(A)  Evidence of Citizenship for Children Born Abroad to U.S. Citizen Parent(s) Under INA 320 as amended by the Child Citizenship Act of 2000

(CT:CITZ-1;   06-27-2018)

a. Who qualifies for U.S. citizenship under this statute:  A child under the age of 18 (born on or after February 28, 1983) on February 27, 2001, who claims citizenship through the naturalization of a parent or child born abroad to U.S. citizen(s) who cannot transmit citizenship under any other section of the INA.

b. Who does not qualify for U.S. citizenship:  Individuals who are 18 years of age or older on February 27, 2001, do not qualify for U.S. citizenship under this new law:

(1)  If claiming by virtue of a parent’s or parents' naturalization, they must be adjudicated in accordance with INA 321, as originally enacted.  Individuals claiming citizenship under INA 320, as amended, through a U.S. citizen parent who could not otherwise transmit citizenship have no predecessor statute under which to acquire citizenship;

(2)  However, individuals who cannot acquire citizenship under INA 320, as amended, may apply to USCIS for naturalization in their own right (as opposed to automatic acquisition through the expeditious CCA process); and

(3)  The inability to acquire citizenship under the new statute does not affect the validity of the individual's LPR status.

c.  Documenting an individual's status as a U.S. citizen under section 320 INA:  Parents of children who meet the conditions for automatic acquisition of citizenship under the CCA may apply for either or both of the following to document the child’s status as a U.S. citizen:

(1)  A Certificate of Citizenship from USCIS; and

(2)  A U.S. passport from the Department of State.

d. There is no requirement that the child be documented in order to acquire U.S. citizenship.  After the effective date of the statute, individuals who meet the statutory requirements are U.S. citizens when the last of the conditions required by the statute are met.  They may be documented as such at any time.

e. Statutory requirements (for all children):  A foreign-born child automatically acquires U.S. citizenship when all of the following have been met, regardless of the order:

(1)  The child has at least one United States citizen parent (by birth or naturalization);

(2)  The child is under 18 years of age (born on or after February 28, 1983); and

(3)  The child is residing in the United States in the legal and physical custody of the United States citizen parent, pursuant to a lawful admission for permanent residence:

(a)  Children residing with a surviving U.S. citizen natural parent (if the other parent is deceased) are presumed to be in that parent's legal and physical custody upon presentation of the deceased parent's death certificate;

(b)  Children whose parents are legally separated must be in the full or joint custody of the U.S. citizen parent.  In the case of joint custody, physical custody is implied regardless of the actual physical custodial situation; and

(c)  Children born out of wedlock must be in the physical and legal custody of the naturalizing parent.  If the parent naturalized is the father, the father must legitimate the child pursuant to the law of either the child’s residence or domicile or the father’s residence or domicile pursuant to INA 101(c)(1).  Mothers need not legitimate children.

f.  Documentary requirements - Evidence of INA 320(a) claim:

(1)  The child’s birth certificate or record with the seal of the issuing office and the names of the parents;

(2)  Marriage certificate of child’s parents (if applicable) with seal of issuing office;

(3)  Evidence of U.S. citizenship of parent (i.e., birth certificate, naturalization certificate, form FS-240, a valid or unexpired U.S. passport, or certificate of citizenship);

(4)  In the case of divorce, or legal separation, documentation of legal custody; and

(5)  Evidence of permanent residence status:

(a)  Permanent Resident Card/Alien Registration card (LPR card);

(b)  Foreign passport containing the original stamp (I-551) showing evidence of lawful admission to the United States for permanent residence;

(c)  If the applicant cannot present his or her LPR card, or a foreign passport containing the I-551 stamp, he or she must be referred to USCIS for verification of lawful entry; and

(d)  Secondary evidence such as an approved petition for immediate relative, school records, doctor's records, airline tickets, etc. are not acceptable for purposes of the statute.  Such documents should not be solicited or accepted because what is needed is the verification of admission for lawful permanent residence.

NOTE …

It does not matter in which order the law's requirements are met.

A child who is presently in the United States as a LPR automatically becomes a citizen if a parent naturalizes as U.S. citizen subsequent to the child's admission as an LPR while the child is under the age of 18.

Similarly, a child who adjusts status to an immigrant having been initially admitted as a nonimmigrant, can avail him or herself of the benefits of CCA if residing in the United States in the legal and physical custody of a U.S. citizen parent. 

On the other hand, a child whose parent naturalizes in the United States after the child has left the country as an LPR, does not automatically naturalize.  The child would have to return to the United States as an LPR.  Citizenship would then accrue automatically once the child was in the United States as an LPR in the legal and physical custody of a citizen parent, while under the age of 18.

NOTE:  As U.S. citizens they are not required to remain in the United States for any specified period of time in order to retain the citizenship they acquired under INA Section 320.

NOTE:  A certificate of citizenship issued by USCIS is not a prerequisite to the issuance of the passports, assuming that the child was admitted as an LPR in the legal and physical custody of a U.S. citizen parent.

8 FAM 301.10-2(B)  Evidence of Citizenship for Foreign National  Adopted by U.S. Citizen Parent(s) Under INA 320(b) as amended by the Child Citizenship Act of 2000 (CCA)

(CT:CITZ-1;   06-27-2018)

a. Evidence that the child has been admitted as an immigrant for lawful permanent residence:

NOTE:  About U.S. VISA Immediate Relative (IR) Categories:

IH3 – The child was a resident of a country that is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention) and with which the Convention is in force for the United States, and was the subject of a full, final, and legal adoption abroad by the petitioning U.S. citizen (and spouse, if married), and will reside in the United States with the adoptive parent or parents.

NOTE:  Unlike IR3 cases, both parents are not required to see the child prior to the adoption in order for the IH3 classification to be appropriate.

IH4 – The child was a resident of a country that is a party to the Convention and with which the Convention is in force for the United States, and will be adopted by the petitioning U.S. citizen (and spouse, if married) after being admitted to the United States (requires both petitioner intent to adopt and satisfaction of any applicable pre-adoption requirements of the home state).  The petitioner must have acquired legal custody and authorization for the emigration and adoption of the child.

NOTE:  Adoption in another Convention country by one spouse in a married couple is not considered sufficient for a child to obtain IH3 status.  In such an instance, the post issuing the visa issues the petitioner a Hague Adoption Certificate (IHAC) that bears this annotation: “One spouse of a married couple adopted the child named above.  This child must be adopted by both spouses before he or she will be considered to be an adopted child under 101(b)(1)(G) of the Immigration and Nationality Act, for purposes of naturalization under sections 320 or 322 of that Act.”  This is treated as a custody case for immigration purposes, and IH4 status is appropriate.

IR-2 – The child was legally adopted by the petitioner (domestically or abroad) before the child’s 16th birthday and the child had resided with and in the legal custody of the petitioner for at last 2 years.  This category also includes stepchildren who may or not be subsequently adopted by a stepparent.  While granted IR-2 status, the stepchild, absent adoption by a U.S. citizen stepparent, cannot derive any benefits from the CCA.  NOTE:  An IR-2 can also be a biological child who does not acquire under INA 301.

IR-3 - The child was legally adopted abroad by an unmarried U.S. citizen; by two U.S. citizens jointly; or by a married U.S. citizen and alien spouse jointly.

IR-4 – The child was (1) either not legally adopted abroad, but was placed in the legal custody of the U.S. citizen by a competent authority in the child’s home country so that the U.S. citizen could and would adopt the child in the United States; or, (2) was legally adopted abroad, but the adoptive parent or parents did not actually see the child prior to or during the adoption.

IR-7 – The child was legally adopted by the petitioner (domestically or abroad) before the child’s 16th birthday and the child resided with and in the legal custody of the petitioner for at last 2 years.  This category also includes stepchildren who may be subsequently adopted by a stepparent.

This category is identical to the IR-2 except that the visa status and category were adjusted domestically, rather than abroad.  So you may have a case of a child who entered the U.S. as a tourist or a student and whose status was subsequently adjusted by the parent here in the United States.

IR-7s must be adjudicated in the same manner as IR-2s.

Reference:

9 FAM 502.3-3(B)(7)  Immediate Relative (IR3 vs. IR4) Orphan Classifications and the Child Citizenship Act.

9 FAM 502.3-4(C)(9)  IH3, IH4 or B-2 Classifications and the Child Citizenship Act (Convention Adoptee)

9 FAM 302.8-2(B)(2)  Applying INA 212(a)(4) to Immigrants 

9 FAM 502.3-2(C)  Adopted child

CR-2 - The child is the admitted conditionally into the United States as the stepchild of a U.S. citizen who has been married to the alien parent for less than 2 years.  The conditional category is valid for 2 years and may be adjusted to an IR-2 at the end of the two years.   It is a conditional category because of the possibility of marriage fraud.

A child admitted as a CR-2 acquires U.S. citizenship automatically as soon as he or she meets the statutory requirements of INA 320, as amended.

Documentary Requirements

If the child is admitted as a CR-2 - the parent's marriage certificate and a copy of a full and final foreign or domestic adoption decree by a U.S. citizen.  In order for a child in this category to acquire U.S. citizenship, the adoption must have taken place by age 16 and the child must have resided with and in the custody of the U.S. citizen for 2 years.  The date which citizenship is acquired could be (1) the 2-year anniversary of the marriage which should coincide with the 2-year residence requirement; or (2) the date of the full and final domestic adoption.

Passport specialists at passport agencies and centers and consular officers abroad must verify the date of marriage to determine if the 2-year requirements (length of marriage and legal and physical custody) have been met.  If one or both have not been met, the application must be denied.  However, the applicant should be advised that citizenship may be acquired as soon as the 2-year requirements are met.  (Acquisition will depend on whether or not the child is still in the legal and physical custody of the U.S. citizen on the day the 2-year requirement is met.)

Example:  A U.S. citizen marries an alien with a 6 year old child on March 1, 2000; in December 2000, the child is granted LPR status (CR-2 category) and arrives in the United States.  The U.S. citizen adopts the child on February 26, 2001 and applies for a passport on the same date.  The legal and physical custody of a stepchild is presumed immediately upon the marriage of the parents.  So the U.S. citizen had had legal and physical custody of the CR-2 child for a little under one year before the adoption.  The application would have to be denied for now.  Because this is a CR-2 category, citizenship will be acquired on the day the child fulfils the requirement of being in the physical and legal custody of the parent for 2 years - in this case, on March 1, 2002.

There is no requirement that the CR-2 status actually be adjusted to IR-2 status in order for the child to acquire citizenship as long as the child has been in the legal and physical custody of the U.S. citizen for 2 years and is under age 16 at the time of the adoption.

(1)  Child’s foreign passport containing an Alien Documentation and Identification System (ADIT) stamp showing evidence of lawful admission to the United States for permanent residence.  The I-551 stamp must indicate an acceptable IR category; or

(2)  Form I-94 with the ADIT stamp and picture attached.

NOTE:  Secondary evidence of entry or LPR status, such as a copy of any approved petition for immediate relative, school records, doctor's records, airline tickets, are unacceptable for purposes of the statute.  Such documents should not be solicited or accepted.

b. Evidence of full and final adoption:

(1)  Certified copy of full and final adoption decree, and informal translation if appropriate, bearing the seal of the issuing authority;

(2)  A certified copy of a full and final adoption decree is evidence of the adoption.  If a foreign decree is presented, it must have an accompanying English translation; and

(3)  If the child is admitted as an IR-2 - a certified copy of a full and final foreign or domestic adoption decree by a U.S. citizen.  In order for a child in this category to acquire U.S. citizenship, the adoption must have taken place by age 16 or, in limited situations relating to the adoption of siblings, before the age of 18, and the child must have resided with and in the custody of the U.S. citizen for 2 years.  The date which citizenship is acquired depends on the order in which the statutory requirements are met:  it may be (1) the date on which the child was admitted into the U.S. pursuant to lawful admission for permanent residence; (2) the date of the full and final domestic adoption; or, (3) the date on which the residency requirements are met.  As will be explained below, the child must be in the legal and physical custody of the U.S. citizen parent on the date of the fulfillment of the last requirement.  If the child was born after February 28, 1983 and admitted before February 27, 2001, citizenship was acquired on February 27, 2001 if the child was in the legal and physical custody of the U.S. citizen parent on that date;

(a)  Almost all children admitted to the United States as IR-2 immigrants will have met the age and residency requirements of this category;

(b)  However, if upon reading the adoption decree, it is apparent that one or both of the requirements (adopted by age 16 and residing in the legal and physical custody of the petitioning parent) has not been met, the application must be denied;

(c)  If the adoption decree is silent regarding length of legal custody and residence with the U.S. citizen adopting parent, additional evidence of such must be requested; and

(d)  If the child is admitted as an IR-3 – only the certified copy of the foreign adoption decree, with informal translation if appropriate, is required.  The date that citizenship is acquired is the date the child entered the U.S. pursuant to a lawful admission for permanent residence.  If the child was born after February 28, 1983 and admitted before February 27, 2001, citizenship was acquired on February 27, 2001 if the child was in the legal and physical custody of the U.S. citizen parent on that date.

(4)  If the child is admitted as an IR-4 – Children admitted under this category have been legally adopted by their U.S. citizen parents overseas or have been placed in their temporary custody by a foreign adoption authority.  However, the laws of the country where the child was adopted may not require that both parents travel to complete the adoption.  Therefore, in order to acquire U.S. citizenship they must be readopted in the United States.  Consequently, all children admitted as an IR-4 must submit a copy of a full and final adoption decree granted in the United States, an order issued in the child's state of residence recognizing the foreign adoption, or a statement from a competent authority that the child's state of residence does not allow re-adoption (the state does not allow a parent to adopt his/her own children).  (The competent authority may vary depending on the state; it could be from a court or from the state agency which overseas adoptions.  A letter from an attorney citing a state statute is acceptable only if a copy of the applicable statute is provided.  A declaration by an adopting parent will not be acceptable.).  The date that citizenship is acquired is the date the domestic adoption decree becomes final.  If the child was born after February 28, 1983 and admitted before February 27, 2001, citizenship was acquired on February 27, 2001 if the child was in the legal and physical custody of the U.S. citizen parent on that date;

NOTE:  Some parents fail to finalize the foreign-born child's adoption in the United States.  Such a child does not acquire U.S. citizenship automatically and must complete a domestic adoption before his or her 18th birthday before a U.S. passport can be issued.  If the parents fail to complete this adoption process prior to the child's 18th birthday, the parents should be referred to USCIS for naturalization procedures.

(5)  If the child is admitted as an IH3 – Upon residing in the United States with the citizen parent, after having been lawfully admitted into the United States for permanent residence, and assuming the IH3 classification was appropriate and the Convention adoptee is under the age of 18, the child will automatically acquire U.S. citizenship as of the date of admission to the United States.  The USCIS Buffalo office processes newly entering IH3 visa packets, automatically sending Certificates of Citizenship to eligible children without requiring additional forms or fees.  Adoptive parents may also request a U.S. passport for the child;

(6)  If the child is admitted as an IH4 – A Convention adoptee who enters the United States on an IH4 visa acquires U.S. citizenship as of the date of a full and final adoption decree in the United States as long as the child is under age 18 at the time of adoption and is residing in the United States with the citizen parent.  While citizenship is acquired as of the date of the adoption in such cases, beneficiaries will need to file form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over their permanent residence to receive a Certificate of Citizenship; and

(7)  Alternatively, adoptive parents may request U.S. passports for the child as evidence of citizenship.  Once the child has met all the conditions of the CCA, a U.S. passport may be applied for in the United States or at a post abroad.

c.  Evidence of legal and physical custody:

(1)  Evidence that the child is living in the legal and physical custody of the U.S. citizen applying parent;

(2)  Children who are in the United States on or after February 27, 2001 and who otherwise meet the statutory requirements must be in the legal and physical custody of a U.S. citizen parent in order to benefit from this statute; and

(3)  Legal and physical custody can be assumed upon presentation of a full and complete adoption decree as described above:

(a)  If only one parent is a U.S. citizen and the parents are divorced, evidence of legal and physical custody in favor of the U.S. citizen parent must be requested.  The U.S. citizen parent must have sole or joint custody in order for the child to acquire citizenship under the statute.  In the case of a parent having joint custody, physical custody is not required;

(b)  The adopted child of a U.S. citizen parent having only visitation rights when the other statutory requirements are met (without joint custody) does not acquire U.S. citizenship under this statute; and

(c)  The adopted child of a U.S. citizen parent who dies before all the statutory requirements are met does not acquire U.S. citizenship under this statute.

NOTE:  In all IR cases you must compare the full and final U.S. adoption with the foreign adoption to ensure that the same parent or parents are readopting.  If there is any discrepancy, passport agencies and centers and posts should contact CA/PPT/S/A/AP (AskPPTAdjudication@state.gov).

8 FAM 301.10-2(C)  Evidence of Citizenship for Children Born to U.S. Citizen Parent(s) and Residing Abroad Under Section 322 INA as amended by the Child Citizenship Act of 2000

(CT:CITZ-1;   06-27-2018)

a. A person residing abroad seeking expeditious naturalization under INA 322, as amended by the CCA, must apply to USCIS for a Certificate of Citizenship.

See

USCIS form N-600-K, Application for Citizenship and Issuance of Certificate under Section 322

(USCIS Memorandum HQ 70/34.2-P June 23, 2003)

b. USCIS will notify the applying parent (or grandparent) when the application for the Certificate of Citizenship is processed and an appointment is made for the parent to bring the child to the United States for the next phase of the process.

c.  The parent should present the U.S. consular officer with the USCIS appointment letter.  On this basis, the consular officer may issue the child a B-2 visa (See 9 FAM 402.2-4(B)(11) for Adoptive Child Coming to United States for Acquisition of Citizenship and 9 FAM 402.2-4(B)(7) for (U) Children Seeking Expeditious Naturalization under INA 322.

d. If, after the appointment in the United States with USCIS, the Certificate of Citizenship is issued, that document should be presented when the applicant applies for a U.S. passport.  U.S. passports cannot be issued in INA 322 cases, as amended by the CCA, until the expeditious naturalization occurs when the Certificate of Citizenship is issued.  This differs from the process of “automatic” acquisition through administrative naturalization under INA 320, as amended by the CCA.

e. A child adopted abroad by a U.S. citizen who is not admitted to the United States as a Lawful Permanent Resident may be eligible for expeditious naturalization under INA 322.  Parents should follow the above procedure to apply for a Certificate of Citizenship.

NOTE:  In order to take advantage of the physical presence of the citizen grandparent for INA 322 purposes, the U.S. citizen grandparent need not be alive.  The latter's physical presence may be considered if he/she had met the physical presence requirement prior to his/her death.  (USCIS Memorandum HQ 70/34.2-P April 17, 2003)

In INA 322 cases, if the child's U.S. citizen parent is deceased, a U.S. citizen grandparent has five years following the parent's death to apply for the certificate of citizenship for the grandchild.

8 FAM 301.10-3  through 301.10-9 unassigned

UNCLASSIFIED (U)