Child Citizenship Act Update : Precautions for Adoptive Parents
Posted Dec 07, 2001
As MurthyBulletin and MurthyDotCom readers are aware, the Child Citizenship Act (CCA) became law on February 27, 2001. This law is a significant improvement over the earlier law regarding foreign-born, adopted children. Prior to the CCA, children born abroad who were adopted by U.S. citizen parents became permanent residents upon their entry to the U.S. They remained permanent residents, notwithstanding having U.S. parents, unless their parents filed for and obtained a Certificate of Citizenship prior to their 18th birthdays. Many parents overlooked or were unaware of this legal requirement. There were serious repercussions, as permanent residents remain subject to removal for certain criminal offences. Thus, an adopted child of U.S. citizens could be subject to removal from the U.S. and returned to a country that s/he left as an infant.
Under the CCA, a child automatically becomes a U.S. citizen if s/he is under 18, at least one parent is a U.S. citizen, there is a full and final adoption of the child, and s/he was admitted to the U.S. as a legal permanent resident. Even though the status is conferred automatically, the child and her/his parents do not have any proof of the citizenship unless they take certain affirmative steps. In order to obtain this proof, the parents can obtain a Certificate of Citizenship from INS by filing Form N-600 or N-643. This certificate is definitive proof of the child's status. The parents may also obtain a U.S. passport for the child from the U.S. Passport Office. The parents may make the application prior to the child's coming to the U.S. These applications would then be approved upon the child's entry to the U.S. as a permanent resident.
Adopted children and their parents should be aware that this law only applies to those children who currently meet the requirements or who met the requirements as of February 27, 2001. Therefore, an adopted child who was 18 or older on February 27, 2001 does not benefit from the change in the law and does not automatically become a U.S. citizen. This interpretation of the law was reaffirmed by the Board of Immigration Appeals in the case of In re Jesus Enrique Rodriguez-Tejedor, 23 I&N Dec. 153 (BIA, July 24, 2001). The BIA ruling provides a uniform, national rule regarding this matter. Previously, the Fifth Circuit Court of Appeals had ruled that the CCA does not retroactively confer citizenship in Nehme v INS, 25 F.3d 415 (5th Cir. 2001). The BIA decision was in accordance with the Fifth Circuit and expanded the application of the interpretation nationally.
The meaning of this ruling for parents of adopted children who were over 18 on February 27, 2001, who never applied for a Certificate of Citizenship or otherwise obtained U.S. Citizenship, is that all such children continue to be vulnerable to removal and other restrictions as permanent residents. If the adopted child, who is now an adult, does not have a Certificate of Citizenship or Naturalization Certificate, they should have their case reviewed and make the proper application. As stated above, if the child remains a permanent resident, s/he is subject to removal from the country if convicted of certain crimes. Young adults in their late teens or early twenties are particularly vulnerable. For this group, youthful error and misguided behavior can have far-reaching implications. For these adopted children, involvement with drugs, petty theft, or similar activity can put them before the U.S. Immigration Court. U.S. citizens are not subject to the jurisdiction of the U.S. Immigration Court.
Parents of children eligible under the CCA should apply for Certificates of Citizenship as early as possible. Although citizenship is conferred automatically and does not expire, the Certificate of Citizenship should be obtained as proof in the event it is required in the future. © The Law Office of Sheela Murthy, P.C.
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