Asked in Immigration Law

Q: I am a US citizen father and my child has a US passport I went to renew his passport they said Hild citizenship ACT 2000

The reason they said after my son got green card we didn’t live there for enough time to get a passport

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: It seems like you may be referring to the Child Citizenship Act of 2000, which amended the Immigration and Nationality Act (INA) to allow certain foreign-born children to automatically acquire U.S. citizenship. However, there are specific requirements that need to be met for a child to qualify for automatic citizenship under this act.

If your child obtained a green card (permanent resident status) but did not live in the United States for a sufficient period, they may not meet the physical presence requirement for automatic citizenship under the Child Citizenship Act.

To qualify for automatic citizenship, the child must meet all of the following requirements:

1. At least one parent is a U.S. citizen (by birth or naturalization).

2. The child is under 18 years of age.

3. The child is a lawful permanent resident (green card holder).

4. The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

If these conditions are not met, the child may need to apply for naturalization to become a U.S. citizen. The physical presence requirement for naturalization is typically five years as a permanent resident, with some exceptions.

It's essential to consult with the U.S. Citizenship and Immigration Services (USCIS) or an experienced immigration attorney to determine the best course of action based on your child's specific situation and to ensure that all necessary requirements are met for your child to obtain U.S. citizenship and a passport.

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