TN 1 (11-09)
RM 10210.540 General Information for Evidence of U.S. Citizenship for a Foreign Born Adopted Child
Under the Child Citizenship Act of 2000 CCA certain foreign-born children, including adopted children, residing permanently in the U.S. automatically acquire U.S. citizenship if they meet certain requirements. Under the CCA, “automatic” means the child automatically acquires U.S. citizenship on the date he or she meets all the requirements of the law, without additional action.
The Department of Homeland Security (DHS) or the Department of State (DOS) determines when the requirements for citizenship are met. DHS issues and mails a Certificate of Citizenship to the adopting parent(s) of foreign-born adopted children who enter the U.S. on or after January 20, 2004, and who meet the requirements of the CCA. The parent’s do not have to request the certificate and should receive it within 45 days after the child is admitted to the U.S.
However, prior to January 20, 2004, DHS did not automatically issue and mail the Certificate of Citizenship when the child entered the U.S. In these cases, the parent(s) must apply to DHS, USCIS for the child's citizenship documentation.
We do not have the authority to make citizenship determinations for foreign-born children in the absence of acceptable evidence or a prior SSA record.