- The US government has published guidance on how children born outside the country can automatically acquire citizenship under the Child Citizenship Act of 2000
- Four specific conditions must all be met at the same time before a child turns 18 for the automatic citizenship process to apply
- The burden of proof falls on the person claiming citizenship to show they have met every requirement under US immigration law
The United States government has laid out the conditions under which a child born outside the country can automatically become a US citizen before turning 18, without going through the standard naturalisation process.
According to the US Citizenship and Immigration Services (USCIS) policy manual, the legal basis for this automatic citizenship pathway is Section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000. The law took effect on February 27, 2001.
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US citizenship: 4 conditions that must be met
For a foreign-born child to automatically acquire US citizenship under INA 320, four requirements must all be satisfied at the same time before the child turns 18:
1. The child must have at least one parent who is a US citizen, either by birth or through naturalisation. Adoptive parents are included.
2. The child must be under 18 years of age.
3. The child must hold lawful permanent resident (LPR) status in the United States.
4. The child must be living in the United States under the legal and physical custody of the US citizen parent.
USCIS clarifies that there is no required order in which the conditions must be fulfilled, as long as all four apply simultaneously at some point before the child’s 18th birthday.
US citizenship: Custody and burden of proof
Physical and legal custody of the US citizen parent is a firm requirement. The child must actually reside with that parent inside the United States for the automatic citizenship to take effect.
Because any person born outside the US is legally presumed to be a foreign national, the individual claiming citizenship carries the responsibility of proving otherwise. USCIS says that proof must meet the “preponderance of the evidence” standard, meaning it must be more likely than not that all conditions were satisfied.
The policy applies equally to biological and adopted children, provided the other eligibility requirements are met.
In a related story, Legit.ng reported that the US had explained how foreigners can get faster American citizenship through military service.
US: New rule for Green Card applicants
Meanwhile, Legit.ng previously reported that the US had announced new rules for Green Card applicants.
As reported on Wednesday, August 19, by The Times of India, the updated policy explains how USCIS officers will decide whether someone applying to adjust their status to lawful permanent resident is likely, at any time in the future, to become primarily dependent on government support.
A public charge is broadly defined as an immigrant expected to rely mainly on government assistance for their livelihood.
Source: Legit.ng