202-1 U.S. Citizens

Effective Through December 31, 2009

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

1. Birth in the U.S.  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.
2. Naturalization.  Citizenship may be granted to an individual who was not born in the U.S. if that individual satisfies the legal requirements for naturalization.  Naturalization is verified by a naturalization certificate.
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. Adoption by a U.S. Citizen.  Effective February 27, 2001, some foreign-born children adopted by a U.S. citizen may be granted automatic citizenship without naturalization.   If an individual has turned 18 before February 27, 2001, automatic citizenship does not apply.

A.     Who may have automatic citizenship?

For automatic citizenship, all of the following criterion must be met simultaneously on or after February 27, 2001:

(1)   Adoption, either in the U.S. or in any other country AND

(2)   At least one adoptive parent is a U.S. Citizen, either by birth or naturalization AND

(3)   The child has permanent resident status in the U.S. AND

(4)   The child resides in the legal and physical custody of a U.S. Citizen parent AND

(5)   The child meets all criterion before turning 18 years of age.

B.      When is automatic citizenship effective?

The effective date for the automatic citizenship cannot be earlier than February 27, 2001.  The effective date is the date when all of the criterion are satisfied at the same time, or February 27, 2001, whichever is later.

C.     Proof of Citizenship

These children will receive proof of citizenship only upon application to INS.  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.

EXAMPLE #1:  Jon, age 8, was adopted in the country of his birth before coming to the U.S.   He has been a lawful permanent resident since arriving in the U.S. on January 16, 2000.  His adoptive father is a U.S. citizen and his adoptive mother is a lawful permanent resident.   His parents separated on July 8, 2000 and Jon stayed with his mother.  On March 13, 2001, Jon’s adoptive parents reconcile and his father returns to the home.  Jon is a U.S. citizen, effective March 13, 2001 - the first day since February 27, 2001 when he satisfied all of the criterion for automatic citizenship.   Even if his parents later separate again, leaving him in his mother’s custody, he will never lose his U.S. citizenship.  

EXAMPLE #2:  Kim, age 2, came to the U.S. with a “green card” on April 15, 2001.   He was adopted by U.S. citizens on July 1, 2001.   He became a U.S. citizen on July 1, 2001.