Obtaining U.S. Citizenship under the Child Citizenship Act

Eligible children who were born or adopted in a foreign country can obtain U.S. citizenship before age 18 under the Child Citizenship Act (CCA). A child who obtains U.S. citizenship under the CCA can apply for a certificate of citizenship and a U.S. passport. The CCA is for children who did not acquire U.S. citizenship at birth

Requirements

The CCA took effect on February 27, 2001. Children who were 18 or older on this date cannot obtain U.S. citizenship under this law. These children may have obtained U.S. citizenship under the former Section 321 of the Immigration and Nationality Act. They also may apply for naturalization with U.S. Citizenship and Immigration Services (USCIS).

Children who were under age 18 on or after February 27, 2001 can obtain U.S. citizenship under the CCA if they meet the law's requirements. To obtain U.S. citizenship, a child born outside the United States must meet all of these requirements before age 18:

  1. Have at least one U.S. citizen parent by birth, naturalization, or adoption
  2. Be a lawful permanent resident of the United States
    • Show a permanent resident card or an I-551 stamp in the child's passport.
  3. Reside (or have resided) in the United States in the legal and physical custody of a U.S. citizen parent

What to do if you adopted a child born abroad

If you adopted a child in a foreign country, please provide a certified copy of the full and final adoption decree from that country. If the adoption was not full and final, you may need to provide more evidence of re-adoption in the United States. You may submit one of these documents:

  • Court order issued in the child’s state recognizing the foreign adoption
  • Statement from a court or state agency that oversees international adoptions. The statement must confirm the state does not allow re-adoption after an adoption in a foreign country.

Getting a U.S. passport for your child

When you apply for a U.S. passport for your child, you must show your child is a U.S. citizen. Proof of citizenship may include a certificate of citizenship issued by USCIS. If your child does not have a certificate of citizenship, provide these documents:

  1. Proof of the child’s relationship to the U.S. citizen parent
    • For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate. Include a translated copy if the birth certificate is not in English. 
    • For an adopted child, you must submit a certified copy of the full and final adoption decree. Include a translated copy if the decree is not in English. You may also provide a court order issued in the child’s state recognizing the foreign adoption, or a statement from a court or state agency that oversees international adoptions confirming that the state does not allow re-adoption after an adoption in a foreign country.
  2. Proof the United States admitted the child as a lawful permanent resident. Examples include: 
    • Foreign passport with an I-551 stamp 
    • Permanent resident card
  3. Evidence of identity and citizenship of the U.S. citizen parent(s)
  4. Evidence the child is residing in (or has resided in) the United States in the legal and physical custody of the U.S. citizen parent
  5. Completed Form DS-11 and supporting documents

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Frequently asked questions

  • Your residence is the primary place in which you live. 
  • Entering the United States or visiting on an immigrant visa usually does not by itself mean you reside in the United States.
  • A legal permanent resident card is not evidence of residing in the United States.
  • Provide documents which show you reside in the United States. These documents may include:
    • School or day care records
    • Utility bills
    • Employment records
    • Automobile registrations
    • Deeds or property rental leases
    • Medical records
    • Passport stamps  
Last Updated: October 24, 2024