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Naturalization article edit
The power to formulate a fair, just, and uniform rule of naturalization is enumerated in the United States Constitution and granted to the United States Congress by Article I, section 8, clause 4.[1]
The Immigration and Nationality Act of 1952 sets forth the legal requirements for the acquisition of, and divestiture from, American nationality. The Fourteenth Amendment to the Constitution clarifies these requirements. The most recent changes to statutory law were made by the United States Congress in 2001.
Nationals edit
Citizenship through parents edit
The laws edit
...regarding the derivative acquisition of U.S. citizenship by minor children were broadened by the Child Citizenship Act of 2000 (CCA). This law became effective February 27, 2001, and remains effective as of this writing (5/25/2011). Under current law, children under 18 automatically acquire U.S. citizenship if three requirements are met.
- The child must have U.S. lawful permanent resident status ("green card" holder).
- At least one parent must be a U.S. citizen by birth or naturalization.
- The child must be residing in the United States in the legal and physical custody of a USC parent.
In this situation, once all three requirements are met, U.S. citizenship is automatically conferred upon the child/ren by operation of law without the need to file a specific application requesting U.S. citizenship. These provisions apply to one's adopted child/ren as well as biological child/ren.
Automatic US Citizenship for Children edit
References edit
- ^ The relevant enumerated power reads: "To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States"