US Shares How Foreign-Born Children May Automatically Acquire US Citizenship Before 18

• The US government has published official guidance on how children born outside the country can acquire citizenship automatically before turning 18
• Four conditions under the Child Citizenship Act of 2000 must all be met simultaneously for the automatic citizenship pathway to apply
• The burden of proof falls on the individual claiming citizenship to demonstrate every requirement has been satisfied under US immigration law

The United States government has published detailed guidance on how foreign-born children may automatically become US citizens before their 18th birthday, without undergoing the standard naturalisation process.

The policy, outlined by US Citizenship and Immigration Services (USCIS) in its official policy manual, draws its legal basis from Section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000.

The law came into force on 27 February 2001.

4 conditions for automatic citizenship

According to USCIS, four requirements must all be satisfied at the same time before a child turns 18 for automatic citizenship to take effect.

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First, the child must have at least one parent who is a US citizen, whether by birth or through naturalisation, with adoptive parents included in this definition. Second, the child must be under 18 years of age. Third, the child must hold lawful permanent resident (LPR) status in the United States.

Fourth, the child must be living inside the United States under the legal and physical custody of the US citizen parent.

USCIS notes there is no prescribed order in which the four conditions must be fulfilled, provided all four apply simultaneously at some point before the child reaches 18.

Custody requirements and burden of proof

Physical and legal custody of the US citizen parent is a firm condition under the law. The child must be residing with that parent within the United States for automatic citizenship to take effect, not simply be in contact with them or visiting.

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Because any person born outside the United States is legally presumed to be a foreign national, the individual claiming citizenship bears the responsibility of proving otherwise.

USCIS applies the "preponderance of the evidence" standard, meaning the claimant must demonstrate it is more likely than not that all four conditions were met at the same time before the child's 18th birthday.

The policy covers both biological and adopted children equally, subject to the same eligibility requirements being satisfied.

US lists conditions for relatives of citizens seeking PR

Earlier, YEN.com.gh reported that foreign relatives of American citizens must satisfy specific conditions before they can obtain lawful permanent residence in the country.

The guidelines apply to persons already living in the country who wish to adjust their immigration status to that of a lawful permanent resident.

Source: YEN.com.gh