OBSOLETE POLICY CHIP MANUAL

 

202-1 U.S. Citizens

Effective:  January 1, 2010

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An individual is a U.S. Citizen if any of the following criteria are met:

1. Birth in the United States.  U.S. citizenship is automatic for individuals born in any of the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, American Samoa, and Swain's Island.  Citizenship is verified by proof of the place of birth. EXCEPTION:  Children born in the U.S. to foreign sovereigns of diplomatic officers are not U.S. citizens because they are not subject to the jurisdiction of the United States.
2. Naturalization.  Citizenship may be granted to an individual who was not born in the U.S. or one of its territories if that individual satisfies the legal requirements for naturalization.  Naturalization is verified by a naturalization certificate or by the SAVE (Systematic Alien Verification for Entitlements) interface through eFIND.
3. Born outside of the U.S. to a U.S. Citizen Parent.  If a child is born outside of the United States to a person that is a United States citizen, the child is also considered a U.S. citizen  for CHIP purposes.
4. Automatic Citizenship

1. Children, biological or adopted, born in a foreign country automatically become U.S. Citizens when they meet all of the following criteria at the same time on or after February 27, 2001.

 (1)   At least one parent (biological or adoptive, but not the step-parent) is a U.S. Citizen either by birth or naturalization.  The parent may become naturalized after the birth or adoption of a foreign born child; AND

 (2)   The child is under age 18.  If an individual has turned 18 before February 27, 2001, or if the child turns 18 before a parent becomes a U.S. citizen, automatic citizenship does not apply; AND

 (3)   The child lives  in the  United States pursuant to a lawful admission for permanent residence and resides in the legal and physical custody of a U.S. Citizen parent.  Permanent resident status could have been granted before, on or after February 27, 2001; AND

 (4)   For an adopted child born outside of the U.S., the adoption has been finalized either in the country from which the child is being adopted or in the United States.  The adoption can take place in another country or in the U.S., and finalization may occur before, on or after February 27, 2001.

Summary:  To receive automatic citizenship, the child must be the adopted or biological child of the U.S. Citizen parent, have permanent resident status in the U.S., be residing with a U.S. citizen parent and still be under age  18  on or after February 17, 2001.

2. When is Automatic Citizenship Effective?

The effective date for the automatic citizenship cannot be earlier than February 27, 2001.  The effective date when all of the criterions are true at the same time, on or after February 27, 2001.  Once the individual has met this citizenship criterion, a change in circumstance does not affect citizenship status.

3.  Proof of Citizenship

These children will receive proof of citizenship only upon application to USCIS (formerly known as INS).

 (1)   If the child does not have a Certificate of Citizenship or U.S. passport, one parent must certify on form 61A-FA that the child satisfies the criterion for automatic citizenship under Section 202-1 #4; AND

(2)    Provide documentation of the parent’s citizenship and alternative documentation for the child that established that the child meets these requirements.  Such documents need to show the child’s place of birth (a birth certificate or other medical record), adoption records showing the relationship to the parent and proof of finalization either in the foreign country or the U.S., and USCIS residency status documents.

 EXAMPLES