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Chapter: 1400 Technical Requirements Program: MFAM 2

3. be adopted by, a U.S. citizen.

A child acquires citizenship through adoption, if they meet all of the following conditions:

a. the child was adopted while under the age of 16, has been in legal custody of, and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under the age of 18, or was under the age of 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and d. the child has a qualified alien status.

The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they meet all of the criteria.

Note: Proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Counsel are considered U.S. citizens.

A child born abroad to unmarried parents may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child's birth, and legal paternity has been established. To acquire citizenship, a child born abroad to unwed parents need only establish the mother's U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship acquired at birth occurs when:

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child's birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Children become U.S. citizens after birth when all the following conditions are met:

1. one parent is a U.S. citizen by birth or naturalization, 2. the child in under age 18, or was under 18 on February 27, 2001, 3. the child is/was residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), and 4. the child has a qualified noncitizen status. 1430.0103 Verification Sources for U.S. Citizens (MFAM) United States citizenship must be verified for all individuals who claim to be citizens, including those who are naturalized and those born abroad to U.S. citizens. If we have verification in our records, do not ask for it again, unless it appears fraudulent.

Exceptions: Presumptively eligible newborns (even after the first year), individuals who receive SSI, any part of Medicare, Social Security Disability based on their work history and children in the care of the Department are exempt from this requirement.

The following sections discuss what documents may be accepted as verification of U.S. citizenship and identity.