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Criteria for acquisition of citizenship after birth

On Behalf of | Feb 10, 2022 | Immigration Law

The Child Citizenship Act of 2000 amended INA 320 to create one statutory provision and method for a child to become a citizen. The CCA removes the INA 321 from 1952. There are several criteria for a person to gain citizenship after birth in San Antonio, Texas.

Criteria of the INA 320

The criteria of the INA 320 are effective as long as people meet conditions on or after Feb. 27, 2001. Immigration law has specific requirements for citizenship after birth, but the child must be under 18 years old. The child’s parent must be a citizen through birth or naturalization and a lawful permanent resident. In addition, the child needs to be in the United States under the legal custody of their U.S. citizen parent.

Under certain situations, the U.S. will acknowledge the legal and physical custody of U.S. citizen parents without evidence. A married couple, surviving parent or parent out of wedlock with a biological child doesn’t need evidence for citizenship. An adopted child doesn’t need evidence for citizenship.

Children of armed forces members

The Citizenship for Children of Military Members and Civil Servants Act of March 26, 2020, provides conditions for children of military members and government officials outside the U.S. Any child under 18 years old born outside the country can qualify. The stationed parent must live outside the country with the armed forces or the government. The spouse doesn’t need to be a citizen but must be in a marital union with an armed forces member or government official.

Acquiring citizenship before the CCA

The INA 321 handles the citizenship of children who were under 18 years old in 1952. The INA 321 allows a child with one or two non-citizen parents to get citizenship under certain conditions. Immigration of a child can happen if both or one of their parents naturalize. The child can be in the country if they’re with one of their legal parents. The child must have been under 18 years old at the time their parents naturalized.

To confirm citizenship of a child, a person needs to send photographs and a signature with an application. A person outside the U.S. should send two passport-style photos. The USCIS may abandon the case if the person fails to show up for the ASC appointment. Documents people can use as evidence include marriage certificates, child’s birth records, parents’ birth certificates and parents’ naturalization certificates. The new act streamlines citizenship for children after birth, but there are still many avenues to lawful permanent residency.