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Long title | An Act To amend the Immigration and Nationality Act to modify the provisions governing acquisition of citizenship by children born outside of the United States, and for other purposes. |
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Enacted by | the 106th United States Congress |
Citations | |
Public law | Pub.L. 106–395 (text) (PDF) |
Statutes at Large | 114 Stat. 1631 |
Legislative history | |
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The Child Citizenship Act of 2000 (CCA) is a United States federal law that amended the Immigration and Nationality Act of 1965 regarding acquisition of citizenship by children of US citizens and added protections for individuals who have voted in US elections in the mistaken belief that they were US citizens. The law modified past rules for child citizenship. Under the CCA, certain children born outside the US who did not obtain citizenship at birth may obtain citizenship automatically after admission as permanent residents (CCA § 101) or may be eligible for expeditious naturalization (CCA § 102). The act also implemented protections for some individuals who have voted or claimed to be US citizens as a result of a good faith mistake (CCA § 201).
The Act is known as Public Law 106-395. CCA § 101 is implemented in INA § 320, codified at 8 U.S.C. § 1431. CCA § 102 is implemented in INA § 322, codified at 8 U.S.C. § 1433. The CCA modified INA §§ 101(f), 212(a)(10)(D), 212(a)(6)(C), 237(a)(6), and 237(a)(3)(D); 8 U.S.C. § 1101(f), 1182(a)(10)(D), 1182(a)(6)(C), 1227(a)(6), and 1227(a)(3)(D). The CCA also modified 18 U.S.C. §§ 611 and 1015.
The following requirements must be met for automatic citizenship:
Adopted children are also covered if they meet the definition of child found at INA § 101(b)(1); 8 U.S.C. ¢ 1101(b)(1).
This section of the CCA was implemented as INA § 320; 8 U.S.C. § 1431.
Children who become citizens automatically do not receive any documentation of their status. They may apply for a US passport as evidence of status. They may also apply for a Certificate of Citizenship from USCIS using Form N-600 but this is not a requirement.
The following requirements must be met for expeditious naturalization:
Expeditious naturalization allows children of US citizens whose parents do not have the required physical presence to pass on citizenship to use their grandparents' physical presence instead to qualify for US citizenship. It also serves as an alternate path to US citizenship for children of US citizens who did not acquire citizenship at birth and who are not immigrating to the US as lawful permanent residents. The application is made using USCIS Form N-600K. Upon approval, the child enters the US, usually as a visitor with a B-2 visa, to attend an immigration appointment and oath ceremony. Upon taking the oath, a Certificate of Citizenship is issued.
Adopted children are also covered if they meet the definition of child found at INA § 101(b)(1); 8 U.S.C. ¢ 1101(b)(1).
This section of the CCA was implemented as INA § 322; 8 U.S.C. § 1433.
This section repealed former INA § 321.
The effective date of the Child Citizenship Act is February 27, 2001. Children who meet the requirements of the Act on that date automatically became U.S. citizens. Children who were 18 years of age or older on that date did not acquire U.S. citizenship from the Child Citizenship Act of 2000.
Non-citizens are prohibited by law from voting in US federal elections. 18 U.S.C. § 611 makes unlawful voting a felony. Unlawful voting in any election is also evidence of bad moral character (INA § 101(f); 8 U.S.C. § 1101(f)), a ground of inadmissibility (INA § 212(a)(10)(D); 8 U.S.C. 1182(a)(10)(D)), and a ground of removability (INA § 237(a)(6); 8 U.S.C. § 1227(a)(6)). Falsely claiming citizenship is also prohibited. 18 U.S.C. § 1015 makes a false claim to US citizenship for the purposes of obtaining any Federal or State benefit or US employment a felony. A false claim to US citizenship is also a ground of inadmissibility (212(a)(6)(C)(ii); 8 U.S.C. § 1182(a)(6)(C)(ii)) and a ground of removability (INA § 237(a)(3)(D); 8 U.S.C. § 1227(a)(3)(D)). Congress was concerned that individuals in the US from childhood might mistakenly believe they were US citizens. To deal with the extremely harsh consequences for individuals with a good faith but mistaken belief in their citizenship, Section 201 of the CCA established protections if certain conditions are met.
The CCA amended the good moral character definition at INA § 101(f); 8 U.S.C. § 1101(f) to protect individuals who registered to vote or voted if they meet the requirements.
The CCA amended the inadmissibility ground at INA § 212(a)(10)(D); 8 U.S.C. § 1182(a)(10)(D) to protect individuals who voted and also amended the inadmissibility ground at INA § 212(a)(6)(C)(ii); 8 U.S.C. § 1182(a)(6)(C)(ii) to protect individuals who may have falsely claimed to be US citizens if they meet the requirements.
The CCA amended the removability ground at INA § 237(a)(6); 8 U.S.C. § 1227(a)(6) to protect individuals who voted and also amended the removability ground at INA § 237(a)(3)(D); 8 U.S.C. § 1227(a)(3)(D) to protect individuals who may have falsely claimed to be US citizens if they meet the requirements.
The CCA amended the criminal code at 18 U.S.C. § 611 to protect individuals who voted and also amended the criminal code at 18 U.S.C. § 1015 to protect individuals who may have falsely claimed to be US citizens if they meet the requirements.
The protections found in Title II of the CCA apply only if:
Unlike Title I, which took effect in 2001, the changes to the INA in Title II apply to anyone applying for a benefit or subject to prosecution on or after September 30, 1996.
Adoptee organizations are in the process of gathering support from legislators to pass Adoptee Citizenship Act of 2021, [1] [2] [3] which would allow all adoptees to be automatically granted U.S. citizenship regardless of age. [4] Adopted children from overseas who turned 18 years or older before 2000 may be not aware they need apply for citizenship due to misinformation from adoption agencies [5] or because of negligent or abusive parents, which can cause those who are adopted to be at risk for deportation. [6] [7]
One of the most well known cases was the deportation of Adam Crapser, who was adopted from South Korea. He endured abuse and also abandonment by two sets of adoptive parents, which none of them filed for his citizenship. Crapser, who had arrests on his record, including domestic violence and an arrest for a sex crime against a minor, was deported in 2016. [7]
Naturalization is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2019, there are an estimated 13.9 million green card holders of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces.
Canadian nationality law details the conditions in which a person is a national of Canada. With few exceptions, almost all individuals born in the country are automatically citizens at birth. Foreign nationals may naturalize after living in Canada for at least three years while holding permanent residence and showing proficiency in the English or French language. As Commonwealth citizens, Canadian citizens have favoured status when residing in the United Kingdom; those living in the UK are eligible to vote and serve in public office or non-reserved government positions.
United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is a right, not a privilege. While the domestic documents often use citizenship and nationality interchangeably, nationality refers to the legal means in which a person obtains a national identity and formal membership in a nation and citizenship refers to the relationship held by nationals who are also citizens.
In law, an alien is any person who is not a citizen or a national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, the term "alien" is perceived as synonymous with foreign national.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of Pub.L. 104–208 (text)(PDF), 110 Stat. 3009-546, enacted September 30, 1996, made major changes to the Immigration and Nationality Act (INA), which the bill's proponents argued was mainly to counter the rapidly-growing undocumented immigrant population, and also to protect the legal immigrants and citizens of the United States. "These IIRIRA changes became effective on April 1, 1997."
An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.
South Korean nationality law details the conditions in which an individual is a national of the Republic of Korea (ROK), commonly known as South Korea. Foreign nationals may naturalize after living in the country for at least five years and showing proficiency in the Korean language. All male citizens between the ages of 18 and 35 are required to perform at least 18 months of compulsory military service. North Korean citizens are also considered South Korean nationals, due to the ROK's continuing claims over areas controlled by the Democratic People's Republic of Korea (DPRK).
The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title IV: Protecting the Border aims to prevent terrorism in the USA through immigration regulations. The provisions of the title generally increase the difficulty of entering the country for those known to have, or suspected of having, terrorist intent.
The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.
Birthright citizenship in the United States is United States citizenship acquired by a person automatically, by operation of law. This takes place in two situations: by virtue of the person's birth within United States territory or because one or both of their parents is a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.
Renunciation of citizenship is the voluntary loss of citizenship. It is the opposite of naturalization, whereby a person voluntarily acquires a citizenship, and is distinct from denaturalization, where the loss of citizenship is forced by a state.
Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee, asylum seeker, nonpermanent resident, conditional entrant, parolee, and so forth.
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States, such as freedom of expression, due process, the rights to vote, live and work in the United States, and to receive federal assistance. The implementation of citizenship requires attitudes including pledging allegiance to the United States and swearing an oath to support and defend the constitution thereof.
Multiple/dual citizenship is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. There is no international convention which determines the nationality or citizenship status of a person. This is defined exclusively by national laws, which can vary and conflict with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquially, people may "hold" multiple citizenship but, technically, each nation makes a claim that a particular person is considered its national.
The Reed Amendment, also known as the Expatriate Exclusion Clause, created a provision of United States federal law attempting to impose an entry ban on certain former U.S. citizens based on their reasons for renouncing U.S. citizenship. Notably, entry can be denied to persons who renounced their U.S. citizenship to avoid paying income taxes. The United States is one of two countries in the world that taxes its citizens' income earned abroad for citizens whose primary residence is abroad. The other country to do so is Eritrea.
The Nationality Act of 1940 revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14, 1940, a year after World War II had begun in Europe, but before the U.S. entered the war.
Relinquishment of United States nationality is the process under federal law by which a U.S. citizen or national voluntarily and intentionally gives up that status and becomes an alien with respect to the United States. Relinquishment is distinct from denaturalization, which in U.S. law refers solely to cancellation of illegally procured naturalization.
Deportation of Americans from the United States is the wrongful expulsion, return or extradition of Americans to other countries, often after being convicted of a crime. These individuals in removal proceedings include Americans by birth and legal immigrants that were naturalized under 8 U.S.C. § 1427 or admitted as nationals of the United States under the Child Citizenship Act of 2000. A U.S. citizen cannot legally be deported, and thus can return to the United States at any time.
Deportations of Korean adoptees from the United States are an uncommon phenomenon, but have been cause for controversy over many years. Due to the institutional and parental failure to grant and apply for adopted children's citizenship, South Koreans adopted by American families prior to 1983 were left vulnerable to deportations, and many suffered from a lack of access to other resources American citizens have.