QUESTION: I am an 18 year old Canadian citizen, my mother is
American and my father Canadian. My family has just recently
suggested it would be a good idea for me and my brother ( 12
years old ) to get dual citizenship - but everything I've read
says you need to be under 18. Did I lose my chance at getting
dual citizenship on my 18th birthday ? Or is there a chance they
mean 18 and under ? I have lived in B.C my whole life and my
mother has not lived in the U.S since I was born, I know these
things also make my options slimmer. Can you tell me if I still
have a shot at getting dual citizenship ?
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david ingram replies:
Your brother can still be dealt with easily as he is still under
18 - Your mother and brother would have to submit the application
"IN" the United States. Also, your mother will have to have her
US income tax returns up to date as ALL US citizens in Canada
must continue to file US tax returns although they do not usually
have to "pay" any US tax - Your mother can find out more by going
to www.centa.com and reading the Oct 1995 Newsletter (TOP LEFT
BOX) and then the US/Canada Taxation section in the second box
down on the right.
For your brother, they should go to
http://uscis.gov/graphics/services/natz/residing_abroad.htm to
start the process.
======================
For "YOU"
It is so much easier if you are under 18 -
Now you have to go through the same naturalization process as a
person holding a green card.
You can read an 86 page pamphlet (M-476) at .
http://uscis.gov/graphics/services/natz/English.pdf
number 7 below which has been taken from
http://uscis.gov/graphics/services/natz/CCA_Update.htm
Will give you the reason for the naturalization process.
Child Citizenship Act (CCA) Program Update, January 2004
The USCIS has reengineered its processing in order to streamline
the production of Certificates of Citizenship for certain
children adopted abroad. Streamlined processes have been
developed for newly entering IR-3 children who are automatically
U.S. Citizens when they arrive. These newly entering IR-3
children will receive Certificates of Citizenship within 45 days
of their arrival instead of receiving a Permanent Resident Card
and then filing the
N-600 for a Certificate. (Please see our Fact Sheet for
additional information)
Background
The Child Citizenship Act, which became effective on February 27,
2001,amended the Immigration and Nationality Act (INA) to provide
U.S. citizenship to certain foreign-born children-including
adopted children-of U.S. citizens. Specifically, these children
include:
Orphans with a full and final adoption abroad or adoption
finalized in the U.S.,
Biological or legitimated children,
Certain children born out of wedlock to a mother who naturalizes,
and
Adopted children meeting the two-year custody requirement.
This legislation represents a significant and important change in
the nationality laws of the United States. The changes made by
the CCA authorize the automatic acquisition of citizenship and
permanently protect the adopted children of U.S. citizens from
deportation.
In general, children who are younger than 18 years of age and
have at least one parent who is a U.S. citizen whether by birth
or naturalization will benefit from this new law. Under the CCA,
qualifying children who immigrate to the United States with a
U.S. citizen parent automatically acquire U.S. citizenship upon
entry; children who live abroad acquire citizenship on approval
of an application and the taking of the oath of allegiance.
Frequently Asked Questions about the CCA
1) Does my child qualify for automatic citizenship under the CCA?
Under CCA, your child will automatically acquire U.S. citizenship
on the date that all of the following requirements are satisfied:
At least one adoptive parent is a U.S. citizen,
The child is under 18 years of age,
If the child is adopted, a full and final adoption of the child,
and
The child is admitted to the United States as an immigrant
2) Do I have to apply to USCIS for my child's citizenship?
No. If your child satisfies the requirements listed above, he or
she automatically acquires U.S. citizenship by operation of law
on the day he or she is admitted to the United States as an
immigrant. Your child's citizenship status is no longer dependent
on USCIS approving a naturalization application.
3) What documentation can I get of my child's citizenship?
If your child permanently resides in the U.S, you can obtain
evidence of your child's citizenship by applying for a
Certificate of Citizenship. You 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 your permanent residence. You can also apply for a U.S.
passport from the Department of State.
If your child permanently resides abroad, your child does not
qualify for automatic citizenship under the CCA. However, you can
apply for citizenship for your child by filing form N-600K
(Application for Citizenship and Issuance of Certificate Under
Section 322). You can submit this form to any USCIS District
Office or Sub-Office in the United States.
4) Will USCIS automatically provide me with documentation of my
child's citizenship?
At the present time, USCIS is not able to automatically provide
most parents with documentation of their foreign-born child's
citizenship. However, USCIS has implemented a streamlined process
for newly entering IR-3 children and their families that will
ensure they receive a Certificate of Citizenship within 45 days
of entering the United States. Additionally, USCIS has
implemented procedures to expedite processing of pending N-643
cases. If you previously filed an N-643 application and have not
received your child's Certificate of Citizenship please contact
the National Customer Service Center at 1-800-375-5283. Please
have the following information when you call: your child's
A-number and the location and date you filed the application.
5) What forms do I file and what are the fees?
If your child permanently resides in the U.S., you can apply for
evidence of citizenship by filing form N-600 (Application for
Certificate of Citizenship). If you are filing on behalf of an
adopted minor child, the fee is $145 (all other applicants must
pay $185).
If your child permanently resides abroad, you can apply for
citizenship by filing form N-600K (Application for Citizenship
and Issuance of Certificate Under Section 322). If you are filing
on behalf of an adopted minor child, the fee is $145 (all other
applicants must pay $185).
6) Where should I file the forms?
If your child permanently resides in the U.S., you can file form
N-600 (Application for Certificate of Citizenship) at the USCIS
District Office or Sub-Office that that holds jurisdiction over
your permanent residence.
If your child permanently resides abroad, you can apply for
citizenship by filing form N-600K (Application for Citizenship
and Issuance of Certificate Under Section 322) at any USCIS
District Office or Sub-Office in the United States. You and your
child will need to travel to the United States to complete the
application process
7) Is automatic citizenship provided for those who are 18 years
of age or older?
No. Individuals who are 18 years of age or older on February 27,
2001, do not qualify for citizenship under the CCA, even if they
meet all other criteria. If they wish to become U.S. citizens,
they must apply for naturalization and meet eligibility
requirements that currently exist for adult lawful permanent
residents.
8) Will USCIS publish regulations on the CCA procedures?
The USCIS published interim regulations specific to the CCA in
the Federal Register on June 13, 2001. The USCIS is reviewing
comments received from individuals and organizations and is in
the process of drafting the final regulation.
9) What resources are available to answer questions about the
Child Citizenship Act?
For more information about the CCA application procedures and
forms, you may go to the USCIS Web site at http://uscis.gov or
contact our National Customer Service Center at 1-800-375-5283.
USCIS has also made available field guidance and public materials
to all information officers and other front line staff to aid
them in answering questions.
Please also read the following for more information:
Child Citizenship Program Fact Sheet, 1/22/04
Information for Parents of Foreign-Born Biological Children
Residing in the U.S. January 2004
Information for Adoptive Parents of Foreign-Born Orphans Residing
in the U.S. January 2004
Information for Parents of Foreign-Born Children Residing Abroad,
January 2004
Return to Citizenship homepage.
Last Modified 01/26/2004
===================
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